Our Personal Injury FAQ

Why won’t the insurance company pay me what I'm owed? If the other driver was at fault, why do I have to pay my own medical bills? Who pays for my rental car after my car was totaled? We answer questions like these and many more in our personal injury FAQs. If your question is not covered here, give us a call.

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  • How Long Does It Take For A Jones Act Case To Settle?

    How long it takes for a Jones Act case to settle or resolve depends on many factors specific to each case, such as the person’s injuries and medical treatment, the facts of the case, and the parties involved.

    In a Jones Act case, the Jones Act employer is responsible for “maintenance and cure.”  That means the employer must pay for the injured employee’s medical expenses and basic living expenses until they reach maximum medical improvement.  Depending on the extent of the worker’s injuries, medical treatment may last several years.  A resolution to a Jones Act case does not typically occur until the worker has finished treating or at least understands what the future may hold for them.  

    The facts of a Jones Act case also play a key role in the length of time the case takes to resolve.  Often, employers do not want to accept responsibility or refuse to accept full responsibility for the worker’s injuries.  In those cases, lawyers must gather evidence during a lawsuit to determine the cause of the accident and the parties responsible.

    Finally, a Jones Act case against a worker’s employer may also include claims against the owner of the vessel upon which the incident occurred.  Sometimes, “unseaworthiness claims” and other general maritime law claims may be included against third parties in lawsuit.  In those cases, the lawsuit process involves an investigation as to each company’s involvement in the accident. 

    Have You Been Injured On Your Louisiana Maritime Job?

    If you've been injured at your maritime job or at sea, you need to speak with an experienced Jones Act attorney as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.

  • I Was In An Accident On An Oil Rig But I’m Not Hurt. My Co-Workers Say I Have A Jones Act Case. Is This True?

    Maybe and maybe not.  Whether you have a Jones Act case depends on whether you are injured and if you qualify as a Jones Act seaman.  

    First, it is not uncommon for oil field workers to get hurt on the job and keep working, either for fear of being fired, fear of being taken off the rig, or being tagged as a liability.  But, if you are hurt on a rig and don’t report your injury, you will have trouble getting the company to pay for benefits later on, such as medical expenses.  

    If you are injured, you must determine what kind of claim you have.  To qualify under the Jones Act, an injured worker must be a Jones Act seaman.  There are many factors in determining this, including whether the accident occurred on a navigable vessel, whether the employee was working in the service of the vessel, and even the employee’s work history with the company.  

    Determining your rights following an injury on an oil rig can be complicated.  If you have questions concerning an incident while working offshore, call us today to schedule a free and confidential consultation.

    Have You Been Injured On Your Louisiana Maritime Job?

    If you've been injured at your maritime job or at sea, you need to speak with an experienced Jones Act attorney as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.

  • How Are Truck Accident Investigations Conducted?

    The process of investigating truck accidents varies from case to case and is sometimes similar to investigations of car accident claims.  However, there are several things we may do during an investigation, unique to truck accidents.  

    First, a lot of big trucks, like 18-wheelers, contain electronic logging devices, similar to the “black box” we often hear about.  These devices can track the truck’s speed, locations, and critical events, like braking.  We sometimes have accident reconstruction experts assist us in inspecting the truck and downloading data from its electronic logging devices.

    Second, in the event of big trucks hauling loads or making deliveries, it may be important to obtain evidence as to the driver’s activity on the day of the accident or the days leading up to the accident.  Evidence such as driving logs and whether the driver took required breaks can be important in a truck case to show driver fatigue.   

    Another topic of investigation in big truck accident cases is the driver’s personnel records.  Does he have a history of accidents?  Did his company conduct a background investigation before putting him on the road?  In some cases, showing that the trucking company knew or should have known that their driver was unsafe, is important for holding the company liable.

    While each big truck accident is different, it is important to collect evidence immediately after an accident.  As soon as we are hired on a big truck case, we skillfully tailor our investigation around the unique aspects of the case.   

    Have You Been Injured In A Covington Area Truck Accident?

    If you've been hurt in a semi-truck or large vehicle accident you need to speak with an experienced truck accident lawyer as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.

  • My Car Was Damaged After A Car Accident But I Still Need To Get To Work. What Should I Do?

    The first few days after a car wreck can be the most frustrating for my clients.  Not only are they in pain and hurting, but a lot of times, they are also out of a vehicle and find themselves suddenly without transportation.  Getting to work is usually the primary concern.

    In Louisiana, the at-fault insurance company is responsible for setting up a rental vehicle for you following a wreck.  However, they will not set up the rental until they have investigated the accident and accepted responsibility.  Typically, an insurance adjuster will say that they are waiting for the police report or waiting to get in touch with their insured before they can start the rental process.  

    We have been successful in expediting the rental car process by actively communicating with insurance adjusters and making sure they have all the information about the wreck, as soon as possible.  

    If you have rental coverage on your own vehicle, a faster way to get the rental car is to go through your own insurance coverage.  That way, you don’t have to wait on the at-fault insurance company.  

    Frustrated and without transportation? If you can’t come to us, we will come to you!

    Have You Been Injured In A Covington Area Car Accident?

    If you've been hurt in a car accident you need to speak with an experienced car accident attorney as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.

  • I Was Hit By A Car In The Crosswalk But The Driver Was Uninsured. What Can I Do?

    In the U.S. it is estimated that nearly 1 in 8 drivers are uninsured.  In Louisiana, that number is even higher.  Just as scary are the number of drivers with minimal insurance.  

    But, did you know that in some cases, your own insurance may provide coverage in the event you are injured in a pedestrian or bicycle accident with a driver who is either uninsured or has insufficient insurance?  UM coverage is short for “uninsured” or “underinsured” motorist coverage.  It is not required by law but may be purchased as additional coverage.  If you have UM insurance, your insurance coverage steps in the shoes of the uninsured driver and can help cover your damages and injuries.  

    Finally, “medical payment” coverage is another optional coverage you may have under your own auto insurance policy.  This coverage can also help pay for medical expenses relating from a pedestrian or bicycle versus car accident.  

    Have You Been Injured In A Covington Pedestrian Accident?

    If you've been hurt in a pedestrian accident you need to speak with an experienced pedestrian accident attorney as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.

  • The At-Fault Driver Of My Car Accident Told The Police It Was My Fault But It Definitely Wasn’t. What Do I Need To Do?

    Police officers investigating a crash have a difficult job.  They have to study the accident scene, interview the parties involved, and write down what they believe happened in their accident report.  If the other driver is lying about what happened, it makes their job harder.  

    As frustrating as it may be, the best thing you can do is calmly explain to the officer exactly what happened, being as precise about the facts as possible.  If you had to be rushed to the hospital after an accident, it is important to contact the police officer so that he or she has your side of the story.  

    It is also important to take as many pictures and videos of the accident scene as possible.  A picture can say 1,000 words and oftentimes, they reveal how the collision occurred.  Even take pictures and videos of any skid marks.  An accident reconstruction expert may be able to use this evidence later down the road if necessary.

    Finally, make a note of any witnesses to the accident, including their names and contact information.  If the other driver is making up stories, it may be a good idea to get affidavits from any witnesses and make sure the police officer takes their information into consideration. 

    If you received a police report for your accident which is not quite right, call us today to schedule a free and confidential consultation to discuss your options.

    Have You Been Injured In A Covington Area Car Accident?

    If you've been hurt in a car accident you need to speak with an experienced car accident attorney as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.

  • What Is The Average Payout Following A Louisiana Motorcycle Accident?

    As with any personal injury claim, the amount an injured person may expect to receive following a motorcycle accident depends on many factors.  

    Louisiana Motorcycle Accident Attorney Flattmann Law

    First, a determination must be made as to liability.  In Louisiana, we have comparative liability law, meaning that even if a person is only partially liable for causing an accident, they are responsible for paying part of the damages.  For example, if a person is found 25% liable for causing an accident and the total damages are $100,000, that person is responsible for $25,000 of the damages.  

    Second, the extent of the victim’s injuries, medical expenses, lost wages, and other damages must be calculated to determine the value of the claim.  This is sometimes a complicated process, especially when a person’s injuries and damages may continue into the future.  

    Every case is different and we treat all of our clients as individuals.  Once a case is ready for resolution, we work hard to analyze its monetary value and communicate with our clients every step of the way.

    Have You Been Hurt In A Covington Area Motorcycle Accident?

    If you've been injured in a motorcycle accident you need to speak with an experienced motorcycle accident lawyer as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.

  • Can Family Heirs Recover Punitive Damages Against A Driver Who Caused A Death?

    In Louisiana, punitive, or punishing damages, can be recovered against an intoxicated driver who causes a wreck.  Under the law, a person is intoxicated if their blood alcohol level is 0.08 percent or more, or if they are under the influence of certain drugs.  

    Louisiana Wrongful Death Lawyer Grady Flattmann

    When a loved one dies due to the negligence of an intoxicated driver, certain heirs may pursue damages by filing “wrongful death” and “survival” claims.  Only certain heirs have the right to pursue such claims, to the preclusion of other heirs.  For instance, if the decedent was married and had children, the spouse and/or the children can file such claims, but his/her parents and siblings could not.  If the decedent was not married and did not have children, then his/her parents may pursue the claims.   

    We offer free, confidential, and “no pressure” consultations. 

    Has Your Loved One Died Due To The Negligence Of Others?

    If you lost a family member due to a negligent act you need to speak with an experienced Covington area wrongful death attorney as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help families throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.

  • What Can I Expect After Filing A Personal Injury Claim?

    One of the first steps in recovering money for harms and losses following an auto accident, pedestrian accident, or other personal injury is the filing of a claim with the appropriate insurance company or claims representative.  The filing of a claim puts the insurance company on notice of the incident.  

    Louisiana Personal Injury Lawyer Grady Flattmann

    Once a claim is filed, the insurance company begins to collect information about the incident.  They will then make a determination as to whether they are accepting responsibility for the accident or denying liability.  The insurance company will also collect information related to the extent of the claimant’s damages.  That is, how much the claim may be worth.  This amount, sometimes called a “reserve” may increase if the person’s damages are continuing.  

    During the claims process, we provide the insurance company with evidence so that they can make a determination as to liability.  Evidence can include police reports, witness statements, photographs, and videos.  We also keep the insurance company updated as to our clients’ ongoing injuries and damages so that they can set their reserve appropriately.  

    Most importantly, at Grady J. Flattmann, Attorneys at Law, we keep our clients updated every step of the way.

    Have You Been Hurt In A Covington Area Accident?

    If you've been injured in a motorcycle accident you need to speak with an experienced personal injury lawyer as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.

  • Is A Driver Always At Fault For A Pedestrian Accident?

    A driver may not always be at fault for a pedestrian accident.  However, in Louisiana, we have a law called “comparative fault.”  This means that even if a driver is partially at fault for causing a pedestrian accident, they will still be responsible for a portion of the victim’s damages.  

    Louisiana Pedestrian Accident Lawyer Flattmann Law

    Take for example this scenario.  A good Samaritan stops his vehicle on a highway to provide emergency help to people who were just involved in an accident.  While crossing the highway, the good Samaritan is hit by a distracted driver, traveling way over the speed limit, and weaving through the accident scene.  In that scenario, the driver may be found at fault for being distracted and not taking steps to avoid hitting the good Samaritan pedestrian.

    Pedestrian accidents typically involve a lot of facts which must be analyzed to determine fault.

    Have You Been Injured In A Covington Area Bicycle Or Pedestrian Accident?

    If you've been hurt in a pedestrian or bicycle accident you need to speak with an experienced pedestrian injury lawyer as soon as  possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help families throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.