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 at 985-590-6182.
- Page 11
-
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.
-
How Long Will It Take To Resolve My Motorcycle Accident Case?
The length of time it takes to resolve a motorcycle accident case depends on several factors, including the extent of injuries, the amount of insurance coverage available, and whether fault is being admitted.
If a person is seriously injured in a motorcycle wreck, they may require significant medical treatment. In most cases, we want to make sure the victim receives the treatment they need before resolving their case.
The time it takes to resolve a motorcycle accident claim also depends on the amount of insurance available to pay the victim’s claims. In cases where the person at fault for causing the wreck doesn’t have insurance or has very little insurance coverage, the claim may not take long to resolve.
Finally, if the other party and their insurance company are denying fault for the accident, a lawsuit may have to be filed in order to better explore the issues of the case. Lawsuits can take years to resolve, depending on the facts of the case and the Court where the lawsuit is filed.
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 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.