How Long Does a Car Accident Settlement Take in Louisiana

After a car accident, victims face mounting medical bills, lost wages, and expensive repairs while wondering when they'll receive compensation.

The answer depends heavily on the complexity of the case. While straightforward claims with minor injuries can sometimes resolve in 3 to 6 months, most comprehensive Louisiana car accident settlements take from 9 to 18 months to resolve. This timeframe ensures that injury severity is fully understood so victims don't settle for less than they need.

Our Shreveport car accident lawyers guide accident victims through every phase of this process, from the initial investigation to the final check, while working to secure fair compensation.

Louisiana Car Accident Settlement Process

Understanding each phase of the settlement process helps you know what to expect and how long each stage typically takes.

1. Seek Immediate Medical Treatment

Your health is the first priority after any accident. Seeking prompt medical attention ensures injuries are properly diagnosed and treated while creating documentation linking your injuries to the accident. Delaying medical care can seriously harm your claim, as insurance companies often argue that delayed treatment means injuries weren't serious or weren't caused by the accident.

2. Report the Accident

Louisiana law requires you to report certain accidents. You must immediately notify local police if the accident resulted in injury, death, or property damage exceeding $500. Additionally, file a report with the Department of Public Safety within 24 hours if the accident caused injury, death, or property damage over $100.

3. Schedule a Case Evaluation with an Attorney

Consulting with experienced car accident attorneys allows you to assess your case's strengths and potential value, understand your legal options, and begin building evidence immediately. Early legal representation often leads to better outcomes and faster settlements.

4. File an Insurance Claim

Louisiana operates under an "at-fault" system, meaning the driver responsible for the accident is liable for damages. You'll file a claim with the at-fault driver's insurance company to seek compensation.

Under Louisiana Revised Statutes §22:1892, insurance companies must:

• Pay valid claims within 30 days of receiving satisfactory proof of loss.
• Make a written settlement offer within 30 days for property damage claims.

However, insurance companies frequently delay payments or dispute claims to protect their profits.

5. Send a Demand Letter

Your attorney will prepare a detailed demand letter outlining the facts of the accident, your injuries and medical treatment, financial losses, non-economic damages, and the compensation amount you're seeking. This formal demand initiates the negotiation process.

6. Investigation and Discovery

Both sides gather evidence to support their positions: accident scene reconstruction, police reports and witness statements, medical records and expert opinions, employment records documenting lost wages, and photos and video evidence. A thorough investigation strengthens your case and can lead to better settlement offers.

7. Negotiation and Mediation

Most car accident cases settle through negotiation rather than going to trial. This phase involves back-and-forth offers between your attorney and the insurance company, potentially using a neutral mediator to facilitate discussions, and evaluating settlement offers against your actual damages.

8. Litigation (If Necessary)

If negotiations fail to produce a fair settlement, filing a lawsuit may become necessary. Litigation involves filing a formal complaint in court, additional discovery and depositions, pre-trial motions and hearings, and potentially going to trial. Litigation significantly extends the timeline, but it may be necessary to secure just compensation.

9. Settlement or Verdict

Whether through negotiation or trial, your case concludes with either a negotiated settlement agreement or a jury verdict and judgment. After reaching an agreement or receiving a verdict, you'll typically receive your settlement check within approximately 30 days.

How Long After Settlement Do You Receive Your Check

Once a settlement agreement is signed, you typically receive your check within 30 days. However, this can be delayed by the Lien Resolution.

Before you get paid, your attorney must ensure that any liens, such as those from Medicare, Medicaid, private health insurers, or hospitals, are satisfied. An experienced attorney negotiates these liens down to put more money in your pocket, but this final accounting step is critical before funds are disbursed.

Factors That Affect Your Louisiana Car Accident Settlement Timeline

Understanding what can delay your settlement helps you plan financially and work with your attorney to minimize unnecessary delays.

Severity of Injuries & Maximum Medical Improvement (MMI)

More serious injuries create longer timelines. You generally should not settle until you reach Maximum Medical Improvement (MMI) — the point where your condition has stabilized.

• Simple cases: Soft tissue injuries may reach MMI in a few months.
• Complex cases: Traumatic brain injuries or spinal damage may require years of treatment.

Keep in mind that settling before MMI means you cannot come back for more money if you need future surgeries.

Proving Liability and Negligence

Cases requiring thorough investigation to establish fault take longer to resolve. Accident reconstruction specialists may need to analyze skid marks, vehicle damage patterns, and road conditions to recreate the collision sequence.

Expert witnesses, including engineers and medical professionals, may provide testimony about how negligence caused the accident and resulting injuries. Cases with clear liability typically resolve faster than those requiring extensive investigation.

New Comparative Fault Rules

Accidents involving multiple at-fault parties add layers of legal work to determine each party's share of responsibility. Semi-truck accidents frequently involve numerous potentially liable parties, including the truck driver, trucking company, maintenance providers, and manufacturers.

A new comparative fault law in Louisiana has taken effect on Jan. 1, 2026. Our state is now switching from pure comparative fault to a 51% fault bar. Now, if a plaintiff is found to be 51% or more at fault, his recovery is reduced to zero. However, the jury is to be told about the effect of finding the plaintiff 51% at fault. Additionally, a plaintiff injured by an intentional tort shall not have his recovery reduced, even if his own fault exceeds 51%.

This upcoming change makes establishing liability even more critical for future cases.

Insurance Company Tactics and Delays

Insurance companies are profit-driven businesses that frequently employ tactics designed to minimize payouts. Common strategies include disputing liability, undervaluing injuries, requesting excessive documentation, and making lowball initial offers.

While Louisiana Revised Statutes §22:1892 requires insurers to pay valid claims within 30 days and imposes penalties for arbitrary delays, insurance companies still frequently stall or deny legitimate claims. Recognizing these tactics requires legal experience.

Whether Litigation Becomes Necessary

When insurance companies refuse fair settlements through negotiation, filing a lawsuit becomes necessary. Litigation substantially extends timelines because court schedules may be backlogged for months, and trial dates are often scheduled a year or more out.

However, having an attorney prepared to litigate provides leverage during negotiations. Many cases settle favorably after litigation begins once insurers realize you're serious about pursuing full compensation.

Wrongful Death Cases

Car accidents resulting in fatalities create more involved legal proceedings with higher stakes. Wrongful death claims typically have substantially higher values because they must compensate for the deceased person's lost lifetime earnings, medical bills incurred before death, and funeral expenses.

When victims spend time hospitalized before dying, medical costs can reach hundreds of thousands of dollars. Surviving family members must handle legal matters while grieving.

Louisiana's Statute of Limitations for Car Accidents

Louisiana law sets strict deadlines for filing car accident lawsuits. Missing these deadlines means losing your right to compensation entirely, regardless of how strong your case may be.

• For accidents occurring on or after July 1, 2024: Louisiana provides a two-year statute of limitations under Louisiana Civil Code Articles 3493.11 and 3493.12. This means you have two years from the date of the accident to file a personal injury lawsuit in court.
• For accidents that occurred before July 1, 2024: The previous one-year statute of limitations still applies, making it essential to determine which deadline applies to your specific case.

Certain exceptions may extend these deadlines:

• When the injured person was a minor at the time of the accident (the clock typically doesn't start until they turn 18).
• When injuries aren't immediately apparent (the deadline may not begin until the injury is discovered).
• When the at-fault party leaves the state.

Important note on wrongful death claims: If a car accident results in death, surviving family members have only one year from the date of death to file a wrongful death lawsuit under Louisiana Civil Code Article 2315.2(B). This shorter deadline makes immediate legal consultation essential in fatal accident cases.

Because these deadlines are strictly enforced by Louisiana courts, consulting with an attorney immediately after an accident protects your rights.

What's the Quickest Way to Get a Car Accident Settlement

While you cannot control every factor affecting your settlement timeline, certain strategic actions can help expedite the process while protecting your rights to fair compensation.

• Seek medical treatment immediately: Prompt medical care creates clear documentation linking your injuries to the accident. Follow all treatment recommendations, attend every appointment, and keep detailed records of all medical care received.
• Document everything thoroughly: Maintain organized records of all medical treatment and bills, time missed from work, vehicle repair estimates, photos of injuries and vehicle damage, and all communications with insurance companies. Good documentation helps your attorney respond quickly to requests.
• Hire an experienced attorney early: Working with a law firm from the beginning allows attorneys to gather evidence before it disappears, handle all communications with insurance companies, and negotiate from a position of strength. Early legal representation often leads to faster settlements and better outcomes.
• Don't accept the first offer: Initial settlement offers are almost always far below fair value. Insurance adjusters count on victims accepting quick, lowball offers out of financial desperation. An attorney will evaluate offers against your actual damages and negotiate for fair compensation.
• Be patient for full value: While financial pressure may tempt you to settle quickly, accepting inadequate compensation leaves you personally responsible for ongoing expenses. Sometimes waiting longer results in significantly better settlements that truly compensate for your losses.

Get Help with Your Louisiana Car Accident Claim

If you've been injured in a car accident in Shreveport, Louisiana, or the surrounding areas, don't wait to seek legal representation. Rice & Kendig provides free initial consultations and works on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for you. Contact us today at 318-222-2772 to schedule your free case review.