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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  • I Disagree With The Police Report Regarding My Motorcycle Accident. What Should I Do?

    Being a police officer is a hard job and it doesn’t get easier when it comes to writing accident reports.  The police officer comes onto the scene of the accident after it has happened, after vehicles have been moved, and sometimes, even after one or more of the parties has been transported to the hospital.  A police officer is oftentimes tasked with writing a report without the benefit of having key facts.  

    If a police report contains a minor error following a motorcycle accident, you should get in touch with the police department and ask if they can have the officer contact you to discuss the report.  If there is a minor error, the officer will most likely work with you to correct the problem.  

    If you disagree with the officer’s assessment of fault following a motorcycle wreck, the officer will be less likely to amend their report, unless you present important evidence (such as video of the accident), which they didn’t have before.  

    While a police report cannot be used as evidence in a civil trial, the insurance company will definitely rely on it to make their decisions.  
     

    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.

  • How Long Will It Take To Resolve My Truck Accident Case?

    The length of time it takes to resolve a truck accident case depends on many factors.  First, we never want to settle a truck accident claim until our client has fully recovered from his or her injuries or is in a position where he or she knows what the future holds for them in terms of their medical wellbeing.  

    Once our client is in a position to resolve their claim, a second factor that determines how long it takes to resolve a truck accident case is whether the at-fault insurance company is taking responsibility for the truck accident.  

    Finally, even if an insurance company is accepting 100% liability for a truck accident, that does not mean that they will value your claim fairly.  If an insurance company is not willing to offer a fair settlement, this may lead to filing a lawsuit against them, which does take time.  

    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.

  • Can My Family Sue For Pain And Suffering In A Wrongful Death Claim?

    In Louisiana, when a loved one dies as a result of a car wreck, certain family members of the person may bring “wrongful death claims” and “survival actions” against the at-fault parties.  

    Wrongful death actions seek damages to the decedent’s family member, suffered by them personally as a result of their loved one’s death.  Claims include, but are not limited to loss of love and affection, funeral expenses, and in some instances, loss of financial support. 

    Survival actions, on the other hand, are the claims the decedent would have had if they had not died.  They include the decedent’s own pain and suffering and mental anguish from the time of injury until the time of death, as well as any medical bills they incurred prior to death.

    Understanding the proper family member(s) who may file a wrongful death claim is very important.  If you are struggling with the loss of a loved one due to a car accident, please let us help explain your rights.  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 Is The Difference Between Wrongful Death And Murder?

    Let’s talk about the difference between “criminal” law and “civil” law.  Criminal law refers to the prosecution of someone charged with committing a crime.  This can range from a simple traffic violation to murder.  In a criminal law case, the State or District Attorney is the prosecutor, and it is up to the suspect to their own attorney or public defender to defend them against the charges.  In criminal law, the consequence of being found guilty includes penalties such as fines or jail time.  

    Civil law refers to the pursuit of someone’s claims for money damages against another party.  This can be from anything ranging from a breach of contract matter to a claim for personal injuries arising from a car accident.  In these cases, the injured party can hire an attorney who may file a claim against the at-fault person’s insurance company or even file a civil lawsuit against the responsible parties.  The outcome of a civil matter is typically for the payment of money.  

    Sometimes, a person’s negligent actions can result in both criminal and civil cases.  Take for example a drunk driver who kills another person.  That drunk driver can be charged with a crime by the District Attorney and at the same time, the victim’s family can bring a civil case for wrongful death against them.  

    Wrongful death is a specific type of civil action, giving a victim’s family the right to pursue the at-fault party for damages sustained as a result of the death of their loved one.  In contrast, murder is a specific criminal charge the District Attorney or State would prosecute against the at-fault party.  

    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.

  • I Fell And Was Injured At A Grocery Store. Is The Business Responsible For Compensation?

    A fall at a grocery store can result in significant injuries.  However, in Louisiana, whether the owner of the store is liable depends on many factors.  This is the law of premises liability.  

    First, you must prove that the reason you fell was due to an unsafe condition.  Typically, the test is whether a reasonable person would think that the condition constituted a hazard.  

    Second, you must prove that the store had actual or constructive notice of the dangerous condition.  In other words, you must prove that the store or its employees created the unsafe condition or should have known that the unsafe condition existed, even if someone else (ie. another customer) created it.  

    Finally, the store and its insurance company may try to blame the injured person for not noticing the unsafe condition in the first place, or for being preoccupied at the time they were hurt.  

    We have handled many premises liability cases, including cases against grocery stores, big-box stores, and restaurants, just to name a few.  It is important in these cases to contact a premises liability lawyer as soon as possible so that they can make efforts to preserve important evidence.  

    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.

  • What Defense Will The Trucking Company Use In My Truck Accident Case?

    If you have been involved in a wreck with a big truck, chances are that the truck company or their insurance company will look to blame you for the accident.  
     
    Common defenses to a big truck accident include the following:
     
    Blaming the other driver for coming to a sudden stop in front of the truck.
    Blaming the other driver for being in the truck’s “blind spot.”
    Blaming the other driver for “scooting” in front of the truck at the last second.
     
    Oftentimes, these defenses can be refuted with evidence from the accident scene, including photos of tire tracks, analyzing vehicle damage, and even accident reconstruction.  Sometimes, we will collect the truck’s “black box” data, which includes information on the truck’s speed and braking just before impact. 
     
    Big truck accidents can get complicated quickly.  

    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.

  • If My Loved One Died In A Car Accident Do I File A Wrongful Death Claim Or A Car Accident Claim?

    A wrongful death claim arising from a car accident is a type of car accident claim.  The big difference is that in a wrongful death claim in Louisiana, the law dictates the family member(s) who may pursue the claim.  

    When a death occurs as a result of a car wreck, certain family members of the decedent may bring “wrongful death claims” and “survival actions.”  These terms are often used interchangeably, but they are different.  Wrongful death actions seek damages to the decedent’s family member, suffered by them personally as a result of their loved one’s death.  Claims include, but are not limited to loss of love and affection, funeral expenses, and in some instances, loss of financial support. 

    Survival actions, on the other hand, are the claims the decedent would have had if they had not died.  They include the decedent’s own pain and suffering and mental anguish from the time of injury until the time of death, as well as any medical bills they incurred prior to death.

    If you are struggling with the loss of a loved one due to a car accident, please let us help explain your rights.  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.

  • How Much Does It Cost To Hire A Wrongful Death Attorney?

    Typically, a wrongful death case is handled by a personal injury attorney on a “contingency” basis.  This means that the lawyer receives a percentage of the proceeds at the end of the case, rather than having to pay the lawyer a “retainer” or hourly fee.  

    In addition to attorney fees, the costs of pursuing the case are typically paid upfront by the law firm, but repaid to the law firm upon the collection of proceeds at the end of the case.  Costs to pursue wrongful death cases can be very expensive.  

    Depending on the facts of a particular case, an attorney’s fee and cost reimbursement may be handled differently, such as in cases where there is no insurance or limited insurance available to pay the claim, or where liability is questionable.  In those cases, attorneys may require an hourly fee or the payment of an upfront retainer.     

    The terms and conditions of an attorney’s fees and cost reimbursement should be set out in writing in an attorney-client contract, at the beginning of a case.  At Grady J. Flattmann, Attorneys at Law, we go over the terms of our written contracts with our clients at the outset of their case and make sure all of their questions are answered before asking them to sign anything.  

    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.

  • Can I File A Personal Injury Claim Without A Lawyer?

    Anyone can file and pursue their own personal injury claim without a lawyer.  Whether that is a good idea or not depends on a variety of factors, including the severity of injuries and damage, whether the other person is admitting fault, and the interests of third parties such as medical providers, health insurers, and others.  

    Even minor accident claims can become complicated quickly.  Just a trip to the ER can result in several medical bills and create a reimbursement interest from your health insurer, especially for people with Medicare or Medicaid.  At Grady J. Flattmann, Attorneys at Law, we make sure that our clients’ claims are handled the right way, start to finish.  

    Also, remember that insurance company adjusters are trained to ask specific questions of accident victims in an effort to save money for the insurance company.  Having an experienced personal injury attorney on your side to interact with insurance adjusters can be a major advantage.  

    If you are thinking of handling your own personal injury claim, please call us today.  At Grady J. Flattmann, Attorneys at Law, we offer a free 15-minute “CRASH COURSE to help you better understand the ins and outs of your claim.  

    Give us a call today to schedule your free “CRASH COURSE” at (985) 590-6182.

    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.

  • If A Personal Injury Accident Was My Fault Can I Still Win The Case?

    Car accidents can be complicated and sometimes, more than one person may be at fault for causing the wreck. In Louisiana, we have what’s known as “comparative fault.” This means that a person can recover for their personal injuries, even if they were partially responsible for causing the wreck.

    For instance, if it is determined that someone is 50% responsible for causing a wreck, they can still collect 50% of their damages. Also, if the other person had the reasonable opportunity to avoid the wreck, but didn’t, you may still prevail in a personal injury claim, regardless of fault. In Louisiana, this is called the “last clear chance doctrine.” Many factors go into the success or failure of a personal injury case.

    At Grady J. Flattmann, Attorneys at Law, we examine each of our clients’ cases from every angle.

    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.