How Long Does It Take State Farm to Settle Claims in Baton Rouge, LA?

How long can it take to settle a claim with State Farm? There is no certain answer to this question that applies to every case. State Farm can take weeks, months, or even years to resolve a claim. It depends on several factors, including the individual facts of your particular claim. It is possible, however, to identify some of the relevant factors so that you can determine how they might apply to your State Farm claim. 

The Difference Between a Claim and a Lawsuit

A claim is different from a lawsuit. All lawsuits are based on claims, but not every claim matures into a lawsuit. A claim is an abstract legal right to compensation. You can have a claim even if you don’t know that you have one. 

A lawsuit, by contrast, is a specific legal action by which an allegedly aggrieved party (the plaintiff) tries to convince a court to force the defendant to do something. In a personal injury case, it means providing compensation to the plaintiff.

Maximum Medical Improvement (MMI)

Your settlement cannot move forward until you determine the amount of your claim. Your medical expenses are an important component of your claim, and it’s impossible to precisely calculate your total medical expenses until you stop accumulating them. Most of the time, additional medical bills stop accumulating when the injured party reaches MMI–the point in your recovery where your doctor expects no further improvement in your condition.

Comparative Fault

The accident might be the defendant’s fault. On the other hand, iit might be your fault. What happens, however, if both sides are at fault? What happens if more than two parties share fault? That’s when Louisiana comparative fault law kicks in. Louisiana applies a form of comparative fault known as ‘pure comparative fault.’

Under Louisiana’s pure comparative fault regime, a court would assign each party a percentage of fault—60% for Party A and 40% for Party B, for example. Assuming that the claim is still at the settlement table, the negotiating parties, rather than a court, will have to agree on a “percentage of fault” breakdown. 

If Party A is 60% at fault, for example, they will lose 60% of their compensation, and they may be required to pay for 60% of Party B’s damages. The same reasoning applies to Party B, except that the 40% figure applies. These amounts are set off against each other to determine who ultimately pays who and how much money. The claim resolution delay arises from the amount of time it takes to determine which party bears which percent of liability. 

Non-Economic Damages

Non-economic damages include intangible psychological losses such as pain and suffering and emotional distress. So, how much is your pain worth? $200 a day? $1,000 a day? It might take time to agree on this figure.

Claims Processing Delays

State Farm is a large insurance company with tens of millions of policyholders. Like any large organization, it has a large bureaucracy, and this bureaucracy can take time to get moving. Don’t be surprised if bureaucratic inertia adds several weeks to the total amount of time it takes for you to receive your settlement money.

If you suspect that your claim is worth a significant amount of money, it makes sense to hire a Baton Rouge personal injury attorney. You won’t have to pay anything upfront, and your legal fees will be zero unless you win. A lawyer can also help expedite your claim without compromising on the amount you receive.

Contact Our Personal Injury Law Firm in Baton Rouge, LA

If you’ve been injured in an accident in Baton Rouge, Louisiana, and need legal help, contact our Baton Rouge personal injury lawyers at Palmintier Law Group to schedule a free consultation today.

Palmintier Law Group
618 Main St, Baton Rouge, LA 70801, United States
(225) 344 3735