Our Personal Injury FAQ

I cringe when a client tells me that they had a car accident but didn’t file an accident report.  The reason?  Because police reports capture a lot of important information, including the identity of the other driver and their insurance policy information.  Also, police reports help the insurance company make a determination as to liability (who was at fault for causing the accident).  Without a police report, your car wreck claim will likely be delayed.  

I understand why some people don’t get the police involved after an accident.  You have to wait for the police to arrive and you may be in a hurry.  The other driver may even be begging you not to call them.  Maybe you don’t think the damage is that bad or don’t think you are injured.  But if the damage is worse than you think or you wake up the next morning in severe pain, the decision not to call the police suddenly seems like a bad one.    

Sometimes police may not respond to an accident, such as when a wreck happens on private property, like a grocery store parking lot.  In those cases, it is still important for you to get all the information you can, including the other driver’s name and contact number and insurance information.  You should also take as many pictures and videos of the scene as possible.  

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.

At Grady J. Flattmann, Attorneys at Law, we offer free and confidential consultations for all accident cases, including wrecks involving big trucks.  At our consultation, you will meet with an experienced accident lawyer.  We discuss the facts of the wreck, the evidence collected, your injuries and medical treatment, and even your vehicle damage.  Then, we work together to create a plan of action moving forward in order to protect your legal rights.  

At our firm, we are 100% no pressure.  If we believe you can handle your case on your own, we will tell you and even provide some pointers.  Our goal during a consultation is to make sure your questions are answered and you come away from our visit feeling confident in the direction of your 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.

When a family member dies due to the negligence of someone else, certain family members have the right to pursue personal injury claims.  These are referred to as wrongful death and survival claims.  Knowing the difference is important.  

 

A survival claim includes all of those claims the decedent would have had if he had survived the accident.  These include things like the victim’s conscious pain and suffering, medical bills, and funeral expenses.  

 

A wrongful death claim includes the survivors’ personal claims due to the loss of the loved one.  These include loss of support and loss of consortium (love an affection).  

 

In Louisiana, only certain people may bring wrongful death and survival claims.  Pursuant to Louisiana Civil Code Articles 2315.1 and 2315.2, the following people may bring the actions to the exclusion of those below them on the list:

 

1. The surviving spouse and child or children or either the spouse or child;

2. The surviving father and mother, or either of them;

3. The surviving brothers and sisters, or any of them; and

4. The surviving grandfathers and grandmothers, or any of them.

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.

Under the law, a Jones Act lawsuit must be filed within 3 years of the accident date.  However, before relying on that 3 year period, it is important to know for sure if your case qualifies under the Jones Act or another law, such as the Longshore and Harbor Workers’ Compensation Act (LHWCA), general maritime law, or state worker’s compensation law.  

In order to qualify under the Jones Act, a number of requirements must be met.  For instance, the injured victim must be considered a Jones Act seaman who was contributing to the mission of a certain vessel or fleet of vessels for a certain length of time.  It must also be determined whether the injury occurred on a “vessel” capable of navigation.  

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.

The admission of a driver for causing an accident is certainly an important factor in deciding whether you have a case.  Other factors include the exact circumstances of the wreck, including your own actions, and also the significance of the damages and injuries you incurred as a result of the car wreck.  

When considering a party’s admission of fault following a car accident, it is important to note when the admission was said (ie. was it right after the accident?), whether it was verbal or written down, and the witnesses to the statement.  These are important factors when considering if the admission can be used later on in court as evidence.

At an initial consultation, we typically ask our clients about the specific things they remember right after an accident, including if any statements were made by the other driver or if the other driver seemed disoriented or intoxicated.  Noting these facts at the beginning of a case can aid greatly in its success.  

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.

A Jones Act employer is not allowed to retaliate against an employee for exercising their rights under the Jones Act.  However, the burden is on the employee to prove that the employer’s motivation for firing him was due to the employee exercising their rights.  

If a Jones Act seaman is injured while working, their employer is responsible for providing them with medical treatment (cure) and for providing them with payments for their continued room and board (maintenance).  The Jones Act employer’s duty to pay maintenance and cure continues until the injured seaman has reached “maximum medical improvement,” that is, when it is determined that further medical treatment will not help them to get any better.  

The Jones Act also allows the injured seaman to seek damages for future wage loss and disability, but these damages must be proven.  

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.

Don’t feel bad if you already gave the insurance company a recorded statement following a truck accident.  About half of our clients unwittingly give recorded statements prior to hiring us, only to later discover that the law doesn’t require them to do so.  

The number 1 reason we typically do not allow our clients to give recorded statements following a truck accident is because they are unnecessary.  If the insurance company has the police report, can speak with their own insured, or can otherwise obtain facts indicating that their insured was at-fault for causing the accident, why do they need your statement?  The reason is because they want to have a free chance at you saying the wrong thing or stating that you are “ok” following an accident.  They want a clip of your own voice to use against you later.  That’s it.  

If you do hire a personal injury attorney, it is important to tell them whether you have given a recorded statement so that they can ask for that statement from the insurance company.  If you regret giving a recorded statement, don’t beat yourself up about it.  Call us instead.

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.

In Louisiana, pet owners are legally responsible for the damage or injuries caused by their pets, if the owner knew or should have known that the pet would cause damage and that damage could have been prevented but for the fact that the owner failed to exercise reasonable care.  

One possible defense to damage or injuries caused by dog attacks is when the dog is provoked.  Years ago, when I was working as an intern at the Louisiana Supreme Court, I had the honor of working on the famous case, Pepper v. Triplet, which involved the provocation of a dog right before an attack.  

As with any accident in Louisiana, whether you have a case depends on the specific facts.  

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.

A majority of personal injury claims are settled before a lawsuit has to be filed.  Even in cases where a lawsuit is filed, many are resolved before a trial occurs.  

However, whether your case will go to trial depends on many factors including the extent of your injuries, the amount of insurance available, and whether the at-fault insurance company is willing to be reasonable in their evaluation of your damages.  

Knowing the difference between an insurance claim and a lawsuit is important.  An insurance claim is simply the opening of a claim against the at-fault driver through their insurance company.  An insurance claim allows the insurance company to consider your damages and the liability of their insured to determine whether they are willing to negotiate with you toward the settlement of your claim.  A lawsuit is the continuation of an insurance claim through the court system.  After filing a lawsuit, both sides (you and the insurance company) have the ability to ask questions of each other and uncover additional facts in order to ultimately present those facts at a trial.  

In Louisiana, injury victims have a very short (one-year) time frame within which to either resolve their personal injury claim or file a lawsuit to preserve their claim.  Waiting too long to contact an attorney can be a big mistake.  

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.

Yes, in Louisiana the laws are very specific as to the family member(s) who have the right to file a claim or lawsuit for the wrongful death of a loved one.  

 

In Louisiana, only certain people may bring wrongful death and survival claims.  Pursuant to Louisiana Civil Code Articles 2315.1 and 2315.2, the following people may bring the actions to the exclusion of those below them on the list:

 

1. The surviving spouse and child or children or either the spouse or child;

2. The surviving father and mother, or either of them;

3. The surviving brothers and sisters, or any of them; and

4. The surviving grandfathers and grandmothers, or any of them.

 

Therefore, it is important to consult with an experienced wrongful death attorney as soon as possible in order to understand your rights.  

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.