Death & Injury Law FAQs

More than three million people are injured in auto, truck and motorcycle accidents each year. The odds that you or a loved one will become a victim in an automobile accident are very high. Injuries from auto accidents have become so common that we all make light of the almost obligatory claim for damages that is made after even seemingly minor accidents. But the truth is auto accidents are a fact of modern life, and serious injuries can and do often result for seemingly minor accidents. While improvements are made each year in an automobile’s ability to suffer an impact without sustaining damages, the ability of the human body to sustain an impact has not changed.

Remain calm and thoughtful. Ensure the police are called to the scene to make a report. Take a few seconds to gather your thoughts when answering the officers questions. Speak clearly when explaining what happened to the investigating officer. Be sure to get the name address and phone numbers of other drivers, occupants and any witnesses. And, don’t be afraid or embarrassed to tell the officer if you are suffering any pain, no matter how minor you think your injury might be.

If you or a loved one is injured you should immediately seek medical attention. If you do not need an ambulance, then you should have someone take you directly to a hospital. No matter how slight you think your injury is, you should have an examination by qualified healthcare personnel. Sometimes serious injuries are not immediately visible and take time to manifest themselves. In my experience, doctors try to treat accident patients “conservatively,” meaning they ensure there are no major traumatic injuries and then attempt to treat the patient’s symptoms with the least intrusive method. This will usually involve pain medication and physical therapy. Unfortunately, the patient’s actual physical problem may be masked or remain undiagnosed until it is apparent the prescribed treatment is not having the desired effect. And more extensive studies such as MRIs and nerve conduction studies are done. In any event, you should speak honestly and frankly with your doctor about all symptoms you are experiencing. And, after release from the hospital, you should comply with all medical instructions and make any follow-up visits or recommended appointments with any specialists.

It doesn’t matter what they say; the other driver’s insurance adjuster is not your friend. An insurance adjuster’s job is to find ways to avoid or minimize the amount of money an insurance company or its insured has to pay when its insured hurts someone. You will always be at a disadvantage in dealing with the adjuster yourself. They know the law and facts but will construe things in their favor. They will try to settle. On the other hand, you will not know all the facts, will not know the law or fully understand your rights. Nor will you immediately comprehend the extent and value of your damages. The adjuster can easily take advantage of your lack of knowledge, lack of time to deal with the matter and your natural tendency to want to “put it behind” to persuade you to accept only a nominal settlement amount.

Regardless of what you read in the newspapers, big corporations and insurance companies don’t just roll over and pay a substantial claim for damages when they have hurt someone. Before an adequate settlement can be obtained, they usually must be confronted by a determined lawyer presenting a meritorious claim, backed up by a thorough investigation establishing solid evidence of fault on the defendant’s part and documenting the client’s substantial damages. “In meritorious cases where a defendant refuses to settle, you should not be ashamed or afraid to invoke the civil justice system. That is why civil justice system exists. If it becomes necessary to prosecute your claim in court you can be sure we will pursue your rights in an aggressive, competent and professional manner.” Call our office for a consultation at (318) 227-1460. Get directions to our office 

It depends. If you, or a loved one is a victim of an accident, you may be contacted by an insurance investigator or adjuster. It is important to remember that they represent the other party, the insurance company and the person or business who caused the accident. Their goal is not simply to find out what happened, it is to try to develop a story that allows the insurance company to deny your claim or reduce the amount of compensation they may be required to pay to you. At the same time it is necessary to talk to the adjuster and provide information to them in order to reach a settlement. We normally allow our clients to provide a statement to the adjuster; however, we insist that we be present and record the statement. This allows us to ensure  the client’s entire story is presented, and that it is not distorted in the interview process. It also ensures that we have a record of what our client has said should a dispute arise in the future, or the case goes into litigation and the client is required to testify at a deposition or at trial. Call our office for a consultation at (318) 227-1460. Get directions to our office 

A mediation is essentially a controlled settlement discussion. Mediation takes place when a plaintiff and a defendant agree to try to settle their legal disputes through intense discussions and with the assistance of a trained mediator. There are several advantages for mediation over trial as a method of resolving an accidental injury or death claim. First, mediation is substantially cheaper than taking a case to trial. Trial and the pre-tiral litigation that precedes a trial can cost thousands of dollars, which may not be recovered even if we are successful at trial. Second, mediations save time. Truth is our courts are clogged. Not by accidental death and injury claims but by one corporation suing another. This makes it difficult to get a case to trial in a timely and rapid manner. Often it can take years to get even a simple personal injury or death case to trial. Furthermore, a successful verdict does not mean the case ends if the other side decides to take an appeal. Finally, mediation puts you, the victim, in the driver’s seat. In the end most accidental injury and death cases come down to dollars. At trial a judge or jury will decide what the case is worth. They may or may not agree that the defendant or insurance company should pay anything. Similarly, they may not award the amount of damages we ask them to award. Also, every dollar that the defendant has to spend for trial defense is a dollar that is available to pay in settlement. At a mediation the plaintiff and defendant are in control and can resolve the case by agreeing upon a reasonable settlement.

One party cannot force the other to mediate.

Mediation usually takes place after the parties have engaged in litigation or have otherwise investigated the claims well enough to know what the claims and defenses are and what issues are disputed.

If both parties want to mediate their dispute, they select a mediator and schedule a date for the mediation to take place. Usually this will be at the office of the attorney for one of the parties. Sometimes it will be at a neutral location. The mediation will normally begin with a “joint session” where the mediator will explain the process and give each side an opportunity to present their view of the evidence. We use this time to make a full presentation of our client’s claim. This will usually include PowerPoint or video presentation along with an explanation of the legal claims we will pursue at trial as well, and a candid estimate of the money damages we will ask that our client be awarded. Usually, we allow our client the opportunity to make a brief statement of how the accident has affected them personally. In my experience most defendants do not make a full presentation of their case. Normally the adjuster will merely express their regret for the victim’s loss and state that they intend to negotiate in good faith. At this point the parties retire to separate rooms. The mediator will then meet separately with each party and their lawyer. He will ask the parties to candidly discuss the strengths and weakness of their case, and to consider what might happen if the case were to go to trial. After discussing the case with both parties the mediator will ask one party or the other to make a settlement offer. Usually this begins with the plaintiff making an offer. The mediator then takes the offer to the other party and discusses the merits of the offer. When we mediate, we try to support our offers with specific reasons that support the amount of our demand. Normally, the first offer will be rejected and a counter-offer will be made. The counter-offer is taken to the other party and the process is repeated. The mediator shuttles back and forth between the parties carrying offers and counter offers as well as discussing the reasons offered for each response. When the process works well, concessions are made on each side until the parties reach an agreed settlement amount, and the case is resolved. If mediation is unsuccessful, then the case will usually proceed to trial. Things that are said in the course of the mediation are normally not allowed to be used against a party at trial. This allows the parties and their attorneys to have candid discussions of the evidence and the law during the mediation process.

Good investigation, sound preparation and solid presentation makes for a good mediation. The simple truth is that defendants, insurance companies, big corporations and the government do not pay claims for injuries and money damages until they are convinced that it will cost them more to go to trial than it will to settle. Our success at resolving accidental death and injury claims in mediation is grounded in our independent investigation, our client and case preparation, and a presentation that informs the defendant and adjuster what they will face at trial. Providing that information in a convincing and persuasive manner allows us to resolve even difficult cases on terms favorable to our clients. Call our office for a consultation at (318) 227-1460. Get directions to our office 

Yes. The worst time to try to hire a lawyer in a worker’s compensation case is after a problem has cropped up and your benefits have been terminated or reduced or you have been refused medical treatment. At that point you are “behind the eight-ball” and there may be very little, if anything, the lawyer can do. The whole purpose of hiring a lawyer in a worker’s compensation case is to assist the client in maximizing the amount of benefits they receive and to prevent any interruption of benefits. That is why we encourage people to seek competent legal representation immediately after a job related injury or death. Most people are completely unaware of the kind and amount of benefits they are entitled to under the worker’s compensation laws. Likewise, most people are unaware of the rights and responsibilities they have under the worker’s compensation laws. The law is complicated and not very “worker friendly.” As a result, it is very easy for an injured worker to handle their own case, to make a catastrophic mistake that can cause them to completely forfeit their benefits. When we accept a new worker’s compensation case, we become the “protective bubble” around the client. We handle all communications with the adjuster and the company. We ensure that benefits are properly calculated and timely paid. We interview witnesses to preserve the evidence of the accident should the case ever go into litigation. We help coordinate medical treatment and vocational rehabilitation. If the client is unable to return to work, we work to try to reach a reasonable settlement with the company. Call our office for a consultation at (318) 227-1460. Get directions to our office

The length of time it takes to resolve a civil damage claim depends on a lot of factors including:

• The seriousness of the injuries and extent of the client’s damages
• The number of witnesses who need to interviewed
• The need for expert witnesses
• The amount of time needed for a thorough investigation
• How long the client’s rehabilitation and recovery lasts
• The presence of any novel unusual legal issues
• The factual complexity of the matter
• Whether the defendant is agreeable to mediation or informal settlement negotiations
• Whether it becomes necessary to file a lawsuit

These and many other factors, can affect the length of time it takes to resolve a civil damages case either by settlement or trial. Call our office for a consultation at (318) 227-1460. Get directions to our office 

If your mother was like mine, she taught you to apologize if you hurt someone and to pay for the things you damage or break.But, in today’s politically correct environment there are some corporations, political groups and insurance companies that try to make people who have been hurt in accidents feel guilty about seeking compensation for their injury and losses.Truth is there is no “suing kind,” and very few of my clients are interested in suing anyone. More often, my clients say, “I don’t want to sue anyone, but my spouse or child has been seriously hurt and no one knows how this accident has affected our life together. It’s just not right that our family has to go through this and not be treated fairly by the adjuster.” They are right! Civil tort law is based on a simple concept eloquently captured in the first paragraph of article 2315 of the Louisiana Civil Code: “Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it.” My job as a Personal Injury Lawyer is simple: Obtain the maximum recovery of monetary damages for my clients that is permitted under the law and consistent with the ideals of Justice. “This isn’t about greed, frivilous claims, ambulance chasing or the lawsuit lottery. It’s about making a defendant live up to the moral obligation to repair the damge done. It’s about helping someone recover reasonable and adequate compensation for the injuries and losses they suffered.” The truth is most cases settle before it is necessary to file a lawsuit. And, the majority of those cases that do require the filing of a lawsuit also settle long before trial. Only a handful of cases ever go to trial.But big corporations, insurance companies and the government won’t just roll over and pay a substantial claim for damages when their employees or insured have hurt someone. Usually the adjuster must be confronted by a determined lawyer presenting a meritorious claim, backed up by a thorough investigation revealing solid evidence of negligence and adequate documentation of the client’s damages before an adequate settlement can be obtained. “In meritorious cases where a defendant refuses to settle, you should not be ashamed or afraid to invoke the civil justice system. That is why civil justice system exists. If it becomes necessary to prosecute your claim in court, you can be sure we will pursue your rights in an aggressive, competent and professional manner.” Call our office for a consultation at (318) 227-1460. Get directions to our office

Too often clients who thought they had adequate automobile insurance learn after an accident their coverage was inadequate. In states like Louisiana where the law requires that a driver maintain only $15,000.00 in liability coverage, insurance coverage in an accident involving only minor injuries could easily prove inadequate. It’s a good thing to review your coverage annually. I advise my clients to be sure that they have both liability and uninsured/underinsured motorist coverage With insurance you get what you pay for. Be sure to deal with a reputable company and discuss your coverage with your agent to make sure you know what you’re buying.

Protects you when you or someone operating your vehicle is at fault in injuring someone else. It pays for property damages and for bodily injury losses. It is important that you have ample liability coverage because you are responsible for paying any damages in excess of the policy limit. For example, if you had only a $15,000.00 policy limit and were at fault in a accident where the injured person’s damages were $30,000.00, you would be responsible for the $15,000.00 that was in excess of your liability policy limit. If the injured person were to obtain a judgement against you for this amount it could devastate your family financially.

Usually combined with underinsured motorist coverage = it protects you when the driver of the at fault vehicle in a car wreck has no liability insurance coverage. It covers lost wages, medical treatment expenses other out-of-pocket expenses and general damages including pain and suffering and mental anguish. Without this coverage, you would have to first sue and obtain a judgement against the at-fault driver for this amount and then attempt to collect the judgement. Unfortunately, people who are uninsured usually do not have adequate resources to pay a substantial money judgement.

Protects you when the driver of the at-fault vehicle in car wreck has insufficient liability insurance coverage to compensate you for all of the damages you have sustained. For example, if you were injured in a car wreck and the at-fault driver had only a $15,000.00 policy limit and your damages were $30,000.00, you would able to recover the remaining $15,000.00 in losses that are in excess of the at-fault driver’s liability policy limit. Without this coverage, you would have to first sue and obtain a judgement against the at fault driver for this amount and then attempt to collect the judgement. Like Uninsured motorist coverage, it covers lost wages, medical treatment expenses other out of pocket expenses and general damages including pain and suffering and mental anguish.

Beware of these types of coverage and be sure you fully understand the circumstances they apply to and what damages they will pay. Many of these polices do not provide coverage for all the damages you would sustain in an accident. For example UM economic damages only, will only pay for economic losses that are not covered by the at fault drivers liability insurance. The problem is that this type insurance does not generally compensate you for you bodily injuries or general damages such as pain and suffering or disability. Call our office for a consultation at (318) 227-1460. Get directions to our office 

Damages fall into several general categories: Special and General, Compensatory and Punitive.

• Special damages are the kind of damages that can be calculated to a reasonable certainty. They include things like lost wages, doctor and hospital bills, rental car expenses and other economic expenses easily quantified.
• General damages are also referred to as intangible damages. This includes things like pain and suffering, mental and physical anguish in an injury case, and loss of reputation in a defamation case.
• Compensatory damages are awarded to compensate the plaintiff for the losses caused by the unlawful acts of the defendant, to “make the person whole” by restoring them to the position they were in before the injury, as much as economically possible.
• Punitive damages are awarded to the plaintiff, but are intended to punish the defendant and to deter future misconduct on the part of the defendant and others. Punitive damages are rare in Louisiana. They are available in most common law jurisdictions and usually are limited to special circumstances involving a high degree of intentional or reckless behavior by the defendant. Some federal statutes allow for punitive damages.

When you come to the consultation bring the following things with you:

• Any accident report
• Names, addresses and phone numbers of any witnesses
• All insurance policies that might apply, such as life insurance, accidental death insurance, or automobile insurance policies
• Any receipts for medication,medical bills or medical records
• Any documents relating in any way to the conduct that resulted in the accident or injury
• Any letters or documents from any insurance adjuster
• All prescription medications
• Health insurance identification card and policy documents if available
• Birth Certificates of any children who were injured

Call our office for a consultation at (318) 227-1460. Get directions to our office