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.
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Who can file a wrongful death claim in Louisiana?
A wrongful death claim is a type of civil action that allows the loved ones of someone who has been killed due to another party's negligence to seek damages in court. While the settlement funds can't bring back the deceased, it can help make up for the financial stresses facing the decedent's family.Determining Who Can File a Wrongful Death Claim
Under Louisiana law, only certain family members are eligible to file a wrongful death claim. The following is a brief overview of who can file the claim:
- If the deceased was married or has children, the surviving spouse or children of the deceased person can file the claim.
- If the deceased person was not married or has no children, the surviving parent or parents can file the claim.
- If there is no spouse, children, or parents, the surviving siblings of the deceased person can file the claim.
- If there is no spouse, children, parents, or siblings, the surviving grandparents of the deceased person can file the claim.
- If there are no surviving family members, the estate of the deceased person can bring the claim to court.
Adopted family members have the same rights as those who are related to the deceased person by blood or marriage. However, a parent who abandoned the deceased person during his or her childhood years may not be permitted to file a claim. For the purpose of a wrongful death suit, parental abandonment is treated as if the parent is deceased.
Statute of Limitations
In a wrongful death claim, time is of the essence. The claim must be filed within one year of the deceased person's death or you lose the ability to collect damages.
Filing your claim in a timely matter is also important because valuable evidence can be lost if you wait to take legal action. For example, witnesses may be more difficult to locate or have trouble remembering key facts if several months have passed.
A wrongful death claim is separate from any criminal charges filed that relate to the death. However, the evidence in a criminal case may help establish negligence in a wrongful death claim.
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.
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How long does it take to settle a car accident case in Louisiana?
After suffering car accident injuries caused by another driver's negligence, it's understandable to be concerned about resolving your personal injury claim as soon as possible. However, rushing to settle your case is not always in your best interests.Factors Affecting Your Car Accident Settlement
Most car accident cases settle out of court.
A number of factors affect how long it takes to settle a car accident claim in Louisiana. The following is a brief overview:
- The extent of your injuries. It is advisable to wait until you have reached maximum medical improvement to settle your case, which takes longer for more serious injuries.
- Whether you have been left permanently disabled. If your injuries have left you with a disability that will require ongoing medical care or affect your ability to return to work, your case will become significantly more complex.
- Liability issues. If one driver is clearly at fault for the accident, a case may be able to be resolved fairly quickly. If liability is not obvious or more than one driver is at fault, the case may take longer to resolve.
- Your willingness to accept an offer. Your case ends as soon as you accept an offer from the insurance company. Offers made early in the process are often lower than what you may be entitled to receive. Some people accept a lowball offer because they are worried about finances or they are eager to put the matter behind them. This is not advisable.
The Value of Experienced Legal Representation
Before you accept any car accident settlement offer, it can be advantageous to discuss the terms of the settlement with your attorney. An experienced personal injury attorney can help you evaluate the worth of your case to determine if the settlement provides adequate compensation for your medical expenses, lost wages, pain and suffering, and other harms and losses.
Once you have accepted a car accident settlement, you are not allowed to ask for more money later on. This means it is vital that you have someone available to advocate for your interests throughout the settlement process.
Contact us today or call us at (985) 590-6182 for a free and confidential consultation from our office located in Covington and serving all areas of the Northshore including St. Tammany, Tangipahoa, and Washington Parish (Covington, Mandeville, Madisonville, Slidell, Hammond) and the New Orleans metro!
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If I file a lawsuit, does that mean I have to appear in court?
Not necessarily. Even if you file a lawsuit, the other party may still settle with you at any time during the process, without the need for a trial. However, when we file a lawsuit, we prepare for trial.
Contact us today or call us at (985) 590-6182 for a free and confidential consultation from our office located in Covington and serving all areas of the Northshore including St. Tammany, Tangipahoa, and Washington Parish (Covington, Mandeville, Madisonville, Slidell, Hammond) and the New Orleans metro!
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Does the other person's insurance company have to pay my medical bills?
The other person's insurance company is not obligated to pay your medical bills "as you go." This means that you or your health insurance company are responsible for paying your medical providers as services are rendered. However, the medical bills are part of your claim against the at-fault party and their insurance company moving forward. Once a settlement or resolution is made with the at-fault insurance company, your medical bills should be part of that resolution. An experienced personal injury lawyer should make sure your medical bills are accounted for in any settlement.
If you have a maritime case, your employer may be responsible for paying your ongoing medical bills.
Contact us today or call us at (985) 590-6182 for a free and confidential consultation from our office located in Covington and serving all areas of the Northshore including St. Tammany, Tangipahoa, and Washington Parish (Covington, Mandeville, Madisonville, Slidell, Hammond) and the New Orleans metro!
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I'm worried about losing my job as a result of a car wreck. What should I do?
Your lost wages, time you miss to go to the doctor, and inability to continue working may form part of your claim against the at-fault party. It is important to document any time you miss from work. While we can't control your employer's actions, we can provide them with information from your doctor concerning your limitations and request proof from them regarding your lost wages. If you have short-term or long-term disability insurance, we can help you navigate through the process of filing a claim. Each person's situation is unique. We can help you through this process.
Contact us today or call us at (985) 590-6182 for a free and confidential consultation from our office located in Covington and serving all areas of the Northshore including St. Tammany, Tangipahoa, and Washington Parish (Covington, Mandeville, Madisonville, Slidell, Hammond) and the New Orleans metro!
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Should I speak to the insurance adjuster calling me after an accident?
We do not recommend that our clients speak directly with the adjuster for the other party's insurance company following an accident. Insurance adjusters are typically trained to ask you questions which benefits the insurance company and not you. Any statement you make may be recorded and may use against you later.
Contact us today or call us at (985) 590-6182 for a free and confidential consultation from our office located in Covington and serving all areas of the Northshore including St. Tammany, Tangipahoa, and Washington Parish (Covington, Mandeville, Madisonville, Slidell, Hammond) and the New Orleans metro!
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Do I have a deadline for filing a claim for my personal injury case?
In Louisiana, an individual has one (1) year from the date of injury or damage within which to file suit against the responsible parties in a personal injury case. If a claim is not fully resolved before that time, a lawsuit must be filed in order to preserve the claims of the injured party. Otherwise, your claim is lost forever.
Contact us today or call us at (985) 590-6182 for a free and confidential consultation from our office located in Covington and serving all areas of the Northshore including St. Tammany, Tangipahoa, and Washington Parish (Covington, Mandeville, Madisonville, Slidell, Hammond) and the New Orleans metro!
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Why Choose Grady J. Flattmann, Attorneys at Law, LLC?
Speak with an attorney, every time. Our clients know what's going on in their case, from start to finish. Our clients are given the respect and dignity they deserve. Competence, Diligence, Communication, Professionalism.
Contact us today or call us at (985) 590-6182 for a free and confidential consultation from our office located in Covington and serving all areas of the Northshore including St. Tammany, Tangipahoa, and Washington Parish (Covington, Mandeville, Madisonville, Slidell, Hammond) and the New Orleans metro!
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I don't know if I have a claim. What should I do?
An experienced attorney can evaluate your claim and let you know if you have a case.
Contact us today or call us at (985) 590-6182 for a free and confidential consultation from our office located in Covington and serving all areas of the Northshore including St. Tammany, Tangipahoa, and Washington Parish (Covington, Mandeville, Madisonville, Slidell, Hammond) and the New Orleans metro!
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I've been in a car wreck. What should I do?
Make sure to:
- Call the Police (Dial 911);
- Seek immediate medical treatment if you are injured;
- Obtain the other driver's name and contact information;
- Take pictures and video of the damage to both vehicles and of the accident scene;
- Get the name of the other driver's insurance company and policy number;
- Get the item number of the police report and the identity of the police who respond (State Trooper, Parish Sheriff, City police);
- Get the contact information of any witnesses; and
- Take pictures of your injuries.
We can help you with your car wreck case, from start to finish.
Contact us today or call us at (985) 590-6182 for a free and confidential consultation from our office located in Covington and serving all areas of the Northshore including St. Tammany, Tangipahoa, and Washington Parish (Covington, Mandeville, Madisonville, Slidell, Hammond) and the New Orleans metro!