Anderson Blanda & Saltzman
Anderson Blanda & Saltzman
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Louisiana Trial Attorneys With National Acclaim

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What to Expect During the Legal Process of a Car Accident Claim

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Most people have never been through a personal injury claim, so it’s natural to feel uncertain about what happens after you hire a lawyer. Every case is different, but most Louisiana car accident claims follow a predictable path. Knowing what’s ahead can make the process feel far less intimidating.

If you were hurt in a crash in Acadiana, a Lafayette car accident lawyer at Anderson Blanda & Saltzman can walk you through each stage and help you secure maximum compensation for your damages. Call us today at (337) 233-3366 or complete the short form on our contact page to schedule a free consultation.

Stage One: The Consultation and Investigation

We begin every case with a free consultation to discuss your accident. You may call our office or complete a quick form on our contact page to schedule the free, no-obligation consultation.

Our Lafayette car accident lawyers will listen to you, answer your questions, and explain your options. We handle all car accident cases on a contingency fee basis, so you don’t pay anything up front.

Once you hire us, our team gets to work gathering evidence to support your claim, including the crash report, photos and video footage from the scene, and witness statements.

We will also gather and review your medical records, proof of lost wages, and begin establishing and accurately valuing all your current and future damages.

Stage Two: Medical Treatment and Documentation

During this stage, you should focus on your health and recovering from your injuries. Having a direct link between your injuries and the accident is vital to the success of your personal injury claim. Keep your appointments, follow your doctors’ recommendations, and tell them about every symptom.

You should also keep a pain journal documenting your levels of pain and how your injuries and the accident are impacting your daily quality of life. It is wise to stay off social media while your claim is pending because insurance adjusters often review claimants’ accounts to find evidence to support a denial or devaluation of their claims.

Stage Three: The Demand and Negotiations

Once your condition has stabilized and your doctors have a clear picture of your long-term needs, we prepare a settlement demand.

We will send a letter explaining how the crash happened and why the other driver is responsible. It also documents your damages, including medical costs, lost income, and pain and suffering.

The insurance company will review the demand and respond, often with a lower counteroffer.

During this stage, negotiations may go back and forth for weeks or even months. However, our car accident lawyers work diligently to resolve your claim as quickly as possible. You will always be informed, and the final decision of whether to accept an offer is yours.

Stage Four: Filing a Lawsuit

If the insurer won’t make a fair offer, the next step is filing a lawsuit. Under La. C.C. Art. 3493.1, most personal injury claims arising from accidents on or after July 1, 2024, must be filed within two years. In Lafayette Parish, car accident cases are generally filed in the 15th Judicial District Court.

Stage Five: Discovery

During discovery, both sides exchange information and evidence. You can expect:

  • Written questions that you answer with your attorney’s help
  • Requests for documents, such as medical and employment records
  • Depositions, where witnesses answer questions under oath with a court reporter present
  • A medical examination by a doctor chosen by the defense, which Louisiana law allows when your physical condition is at issue

Stage Six: Mediation

Many Louisiana courts encourage or may even require parties to attempt mediation before scheduling a trial date. Mediation is a confidential process that is far less formal than a trial. It can help each side see their case’s strengths and weaknesses and often helps open the lines of communication. It also gives the parties a chance to control the outcome of the case since going to trial leaves the entire decision up to a judge or jury.

Stage Seven: Trial

If your case doesn’t settle, it will be scheduled for trial. Both sides have a chance to present evidence, call witnesses, and make arguments.

The judge or jury acts as a fact-finder and determines the outcome of the case, including who is at fault and how much compensation is owed.

Two recent changes make trial preparation especially important:

  • Fault. Under La. C.C. Art. 2323, if you are found 51% or more at fault, you recover nothing.
  • Medical costs. A 2026 change allows juries to consider the amounts actually paid for medical care rather than only the billed amounts.

With more than 60 jury trials behind us, our attorneys know how to present a case in a Louisiana courtroom.

What Happens After a Settlement or Verdict

Once a case resolves, a few steps remain before you receive your money. Any medical liens or health insurance reimbursement claims must be resolved, and the final amounts are calculated and disbursed. If a case goes to trial, either side may appeal, which can extend the timeline.

Let Anderson Blanda & Saltzman Guide You Through the Process

You don’t have to handle the legal process alone. Our personal injury lawyers in Lafayette bring more than 100 years of combined experience to every case, and we’ve recovered over $300 million for our clients. Call us today at (337) 233-3366 or visit our contact page to schedule your free consultation.

No fees unless we win

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Car Accident Resources

  • Car Accident Laws in Louisiana
  • Can You Sue for a Car Accident If You Are Not Hurt?
  • Car Seat Laws in Louisiana
  • How Long Do I Have to File a Car Accident Claim in Louisiana?
  • How Policy Limits Affect Your Car Accident Compensation
  • How to Appeal a Denied Car Insurance Claim in Louisiana
  • How Settlement Amounts are Determined in Car Accidents
  • Louisiana Car Insurance Minimums
  • What Is Assumption of Risk in a Car Accident Claim?
  • What to Expect During the Legal Process of a Car Accident Claim

Lafayette Practice Areas

  • Admiralty and Maritime
  • Aviation Accidents
  • Bad Faith Insurance
  • Bicycle Accidents
  • Brain Injury
  • Burn Injury
  • Car Accidents
  • Catastrophic Injury
  • Construction Accidents
  • Delivery Van Accidents
  • Distracted Driver
  • Dog Bites
  • DUI Accidents
  • Electrocution Accidents
  • Helicopter Accidents
  • Highway Accidents
  • Hit and Run Accidents
  • Industrial Accidents
  • Jones Act
  • Lyft Accidents
  • Motorcycle Accidents
  • Offshore Explosions
  • Pedestrian Accidents
  • Premises Liability
  • Product Liability
  • Rear-End Accidents
  • Rollover Accidents
  • Roofing Accidents
  • Slip and Fall Accidents
  • Spinal Cord Injury
  • T-Bone Accidents
  • Truck Accidents
  • Uber Accidents
  • Underinsured Driver Accidents
  • Underride Accidents
  • Workplace Accidents
  • Wrongful Death

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Anderson Blanda & Saltzman
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1500 Camellia Blvd.
Lafayette, LA 70508
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