What Does the Typical Insurance Defense Claims Process Involve in Louisiana? 2025

Insurance companies and the entities they insure deal with significant legal liability and lengthy insurance claims. When you have legal representation, you can begin an insurance defense, which can protect your business’s interests and address insurance claim fraud. If you’re facing this type of case, you may be wondering, “What does the typical insurance defense claims process involve in Louisiana?” Although each claim may be different, insurers should be aware of several different steps.

The Process of an Insurance Claim

An insurance claim involves the filing of a claim, the investigation of that claim, and the resolution of the claim. The specifics of those steps and how long they take can vary on a case-by-case basis. Insurance companies are required to complete specific claims processes in a reasonable time frame.

An insurance claim typically follows these steps:

1. A claim is filed. It may be a policyholder filing a claim with your insurance company for a loss, or individuals who were injured while a policyholder was their employer or owed them a duty of care may be filing the claim.
2. An investigation is opened. Once a claim is filed, your company opens an investigation into what the claim states happened. This determines what occurred and what the insurance company is liable for. The investigation may review the evidence submitted by the claimant, gather documentation of the issue, talk with witnesses, and potentially determine fault for the incident.
3. Informing of coverage. Your company will then inform the policyholder or other filing party what is and is not covered. The claim may be denied entirely, depending on the facts of the case.
4. Evaluating the damages. Your company can calculate the damages, such as the losses of an injured party or the required repairs to fix property damage. How damages are evaluated will depend on the type of claim.
5. Resolution of the claim. When the outcome of the claim is reached, the agreed-on payment will be made, and the claim will be resolved.

If parties cannot reach a resolution after the damages have been evaluated, more in-depth negotiations may happen prior to resolution. If negotiations cannot resolve the issue, the claim may enter civil court. Insurance companies are responsible for providing prompt responses and failing to do so can lead to much worse consequences for operating in bad faith. Legal representation can help insurance companies ensure they are following the right procedures.

What Can Make the Claims Process Take Longer?

There are many reasons why an insurance claim may take longer to resolve, including:

• There is insufficient supporting evidence of damages or basis for a claim.
• The investigation into the incident is more complex.
• Your company may need more time to receive important evidence.
• There was an improper calculation of damages.
• The case proceeds to litigation.

When your insurance company has the crucial legal support of an attorney, they can help avoid errors or oversights that can further draw out the claims process.

What Types of Claims Might an Insurance Defense Lawyer Handle?

Insurers may deal with several types of insurance claims, depending on their business, including:

• Workers’ compensation
• Maritime and harbor workers’ compensation
• Premises liability, including slip and fall claims and other hazards
• Car accident injuries and deaths
• Professional liability due to malpractice
• Employment law defense

Each of these types of claims may have a unique process. Insurance companies have a significant understanding of many of these claims and how to address them, but legal representation is still incredibly beneficial. An insurance defense lawyer has worked with several types of these cases, helped protect many companies against bad faith claims, and limited liability for claims made in good faith.

FAQs

Q: What Are the Steps in the Insurance Claims Process?

A: There are several steps in the insurance claims process, which can differ based on the type of claim and other specifics. Generally, the steps include:

1. The policyholder or party filing with the insurance company gathers information and files the claim with the company.
2. The insurance company investigates the claims being made.
3. An adjuster will determine what is covered by the insurance policy and evaluate the damage of what is covered.
4. The insurance company will pay out the compensation that applies.

Q: How Long Do Insurance Companies Have to Settle a Claim in Louisiana?

A: How long insurance companies have to settle a claim in Louisiana depends on the type of claim, the specific information needed and provided for the claim, and the state and local laws that apply to the insurer. State law outlines the amount of time insurers have to make written offers upon satisfactory proof of loss. Insurance companies can benefit significantly from skilled legal support to determine what state, federal, and parish laws apply to their case.

Q: Why Is It Important for Insurance Companies to Work With Insurance Defense Lawyers?

A: Insurance companies should work with insurance defense lawyers to protect the company’s financial interests and mitigate its financial risk and legal liability.

The support of an attorney helps insurance companies negotiate settlements more effectively and avoid costly, lengthy, and public litigation. However, if litigation is needed to protect a company’s interests in the event of fraud, an attorney can diligently pursue a favorable outcome in trial.

Q: How Much Does an Insurance Defense Lawyer Cost?

A: The cost of an insurance defense lawyer depends on the specific lawyer and whether the company hires an attorney or has an attorney on retainer. Most insurance defense lawyers will charge an hourly rate, meaning longer representation will be more costly. There are other factors that influence cost, including:

• The attorney’s experience in the field
• The complexity of your insurance defense case
• The resources needed to resolve your case
• Whether the case proceeds to trial
• The location of the firm

Defending the Financial and Reputational Interests of Insurance Companies in Louisiana

The team at the Shelby Law Firm has decades of legal experience and a long history of supporting insurance companies. Each insurer has unique business goals and needs, and it is essential that your legal representation takes the time to understand and reflect those goals. At the Shelby Law Firm, we want to help you efficiently resolve claims and mitigate your liability.

You have put a lot of hard work into your business. It’s crucial that you protect it by preventing fraudulent claims and acting quickly to address valid ones. Contact the Shelby Law Firm today to learn how we can help you resolve insurance claims in and out of court.