Our Personal Injury FAQ

After a car wreck, it is generally a good idea to use your health insurance for medical treatment, including the hospital emergency room, general practitioner, orthopedist, and all other providers. That is because the at-fault party (or their insurance company) are not required to pay your medical bills as you incur them.  Rather, those bills should be included in any settlement you may reach in the future.  By going through your health insurance, you avoid racking up expensive medical bills and being directly responsible to providers. 

Your Health Insurance Carrier May Have A Claim For Reimbursement Out Of Your Settlement:

As discussed in other articles, it is very important to remember that your health insurance company likely has a claim for repayment of any medical expenses they paid out and will put their hand out for reimbursement out of any settlement you may get in the future.  You may even receive a letter in the mail from your health insurance company asking about the wreck. 

Why Is Health Insurance Refusing To Pay My Medical Bills?:

But why did your health insurance company refuse to pay or stop paying for car wreck-related medical bills?  This usually happens for one of a few reasons. 

First, if you ignored their letters asking questions about the accident, your health insurer may say that you are not cooperating with them under the terms of your insurance contract and will therefore refuse to pay for your medical expenses.  That’s why it is important to keep them in the loop during your car accident claim.

Second, sometimes a health insurer will stop paying medical bills when they believe you have other (primary) insurance to pay for those bills.  This may include medical payment (Med-Pay) coverage through your auto policy, or, if the accident is work-related, where workers compensation may be responsible for medical bills. 

If your health insurer is refusing to pay for wreck-related medical bills, it is important to get in touch with them to understand why they are refusing to pay.  If they incorrectly assume that you have Med-Pay coverage or that your claim is going through workers compensation, you will want to correct them. 

Have You Been Injured In An Accident And Your Health Insurance Is Denying To Pay Medical Bills?

If you have been injured in an accident and are having trouble with health insurance paying medical bills contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Hammond, Lacombe, Pearl River, and Slidell.

Sometimes, our clients receive nice little surprises long after their car wreck lawsuit has been resolved.  One of my favorite things to do is calling a client and letting them know that even more money is on its way to them. 

During the course of a lawsuit, the Clerk of Court typically collects money each time a pleading is filed and creates a balance for each party.  In a given lawsuit, there may be dozens of pleadings filed along the way. 

Sometimes, more money is collected than the actual cost.  For instance, if the Clerk estimates that they will need $100 for filing a Motion to Compel and the cost is actually $95, then a $5 balance will remain.  This can build up. 

At the end of a case, a Motion to Dismiss is typically filed, prompting the Clerk to make a final audit of any account balances.  If that results in a credit, the Clerk issues a check to the party’s attorney for a refund! 

When we receive a refund check from the Clerk, we immediately call our client to tell them.  It’s their money, not ours!  It is kind of like finding money in your pocket.

At Flattmann Law, We Offer Completely Free And Confidential Consultations!

Have you been injured in an accident and want a personal injury law firm that will help you every step of the way contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Hammond, Lacombe, Pearl River, and Slidell.

According to the National Highway Traffic Safety Administration, “sending or reading a text takes your eyes off the road for 5 seconds.  At 55 mph, that’s like driving the length of an entire football field with your eyes closed.” 

Imagine driving down a football field with your eyes closed.  Now imagine other vehicles coming toward you and people on the field.  How confident are you that you can avoid hitting them? 

“In 2020, 3,142 people were killed in motor vehicle crashes involving distracted drivers.” 

https://www.nhtsa.gov/risky-driving/distracted-driving

Teens are the most susceptible to distracted driving, not only due to using their own cell phones while driving, but also because of passengers in the car.  Teens also lack the experience of driving with distractions and can easily shift their focus away from the road.

So, What Can We Do To Limit Distracted Driving? 

1. Remember these statistics next time you feel the urge to reach for your phone. 
2. Use “hands-free” devices if you must make phone calls while driving.
3. Encourage your passengers to do their part in limiting distractions for the driver. 
4. Parents need to lead by example for young drivers. 

Were You The Victim Of Distracted Driving? 

If you have been the victim of distracted driving and want a personal injury law firm that will help you every step of the way contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Hammond, Lacombe, Pearl River, and Slidell.

According to the National Highway Safety Administration, more than half of all accidents occur within 5 miles from the driver’s home. 

So, why on Earth would this be good news?  Because, since you know where you are most likely to be involved in a car accident, you can take action NOW to prevent it. 

How?  Train Your Mind To Be More Defensive While Driving

If you are like me, you likely take the same route every day to work, school, church, the grocery, etc.  By now, you can probably drive to Target or Walmart without putting much thought into it.  But imagine if you picked a week and made the conscious decision to really analyze your daily drives.  Look around at every intersection, study the traffic lights, and here is the important part… imagine how accidents could happen around you.  Do this every step of the way from the moment you pull out of your driveway to the time you park at Home Depot. 

After your week of “conscious driving,” your brain will likely see things a bit differently while driving.  You may anticipate the actions of other drivers more, stop just a split second longer at that busy intersection down the street, or drive a bit slower around that curve.  And guess what?  All of these minor actions add up and will make you a safer and more aware driver, even if you go back on auto pilot for those trips to the pharmacy. 

Becoming a more defensive driver is a conscious decision you can make today and may just keep you from becoming another statistic.      

Have You Been In An Accident Close To Home? 

Have you been injured in an accident closeto home and want a personal injury law firm that will help you every step of the way contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Hammond, Lacombe, Pearl River, and Slidell.

When you move, there are lots of things to remember… changing your address on bills, transferring subscriptions to the new address, forwarding your mail, etc.  But one thing that can be easily forgotten in the shuffle is letting your insurance company know about your new address.

 Why Does It Matter If I Forget To Tell My Auto Insurance Company That I Moved?

The short answer:  Because they can refuse to cover you if you are in a car wreck and failed to change your address.  Wouldn’t that be horrible!  You may not remember this, but the contract you signed when you first purchased auto insurance policy (the policy itself) probably included a section requiring you to inform the company of any moves.  If you don’t tell the insurance company of your new address within a certain time, you could be in violation of your insurance contract. 

Why Does An Auto Insurance Company Care That I Moved?

Insurance companies charge premiums based on a number of factors, including your geographic location.  For instance, if you moved from an area with a lot of people and a lot of car accidents, to a more rural area where less accidents occur, your premiums may be reduced.  Insurance companies want to make sure they are charging you proportionately with the amount of risk they are taking by insuring you in the correct location. 

What If I Moved From One State To Another?

In this case, it is EVEN MORE IMPORTANT to inform your auto insurance company of your move.  Not only will this effect your premium, but different states have different laws when it comes to the types and amounts of auto insurance coverages drivers have to maintain.  For instance, if you move to Louisiana from Mississippi the law would not require you to have as much liability insurance as you did while in Mississippi. 

The bottom line: don’t forget to inform your auto insurer that you moved.  It is not worth the risk. 

Have You Been Injured In A Car Accident With A Driver Whose Insurance Is Denying Coverage?

If you have been injured in an accident with a driver whose insurance is denying cover contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Hammond, Lacombe, Pearl River, and Slidell.

Louisiana, like a lot of states, has a legal theory called the “last clear chance doctrine.”  This means that drivers have a duty to take reasonable action to avoid being in a wreck.  If the driver does not take reasonable action, then the other party to the wreck may have a claim (or defense) against him for causing or contributing to the accident. 

For example: Bill is backing out of a Rouse’s parking spot without looking behind him to see if anyone is coming.  Gary, who is looking for a spot, sees Bill backing out but instead of stopping, tries to quickly scoot around Bill.  The two collide.  Even though Bill was negligent for failing to look behind him before backing, Gary had the opportunity to stop and avoid the accident.  In this instant, it would have been reasonable for him to do so.  Thus, if Gary filed a claim against Bill for negligence, Bill could defend himself by arguing that Gary was also negligent in failing to stop. 

Not All Car Wrecks Are Straightforward, That’s Where We Come In!

Have you been injured in an accident and want a personal injury law firm that will help you every step of the way contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Hammond, Lacombe, Pearl River, and Slidell.

We get calls from clients all the time who have been involved in a car wreck and then receive a subpoena from the Court, asking them to appear and to testify at a hearing.  It can be confusing and upsetting for the Sheriff to knock at your door and hand you a piece of paper commanding your appearance… but don’t worry! 

If the person who caused your accident received a ticket for causing the wreck, they will have to appear in Court on a given date and tell the Court (plead) whether they admit guilt or are challenging the charge against them.  This is even done on small infractions.  If the defendant does not pay the ticket or plead guilty, then a hearing or trial is set so that their case can be heard before a Judge.  (Some Courts have a special traffic Court for handling these matters). 

If a hearing or trial date is set, the District Attorney’s office may issue subpoenas in order to have witnesses appear at the hearing to testify as to the fault of the at-fault driver/defendant.  That’s why the Sheriff is knocking on your door. 

So, What Do You Do If You Have Been Served With A Subpoena? 

First of all, take it seriously and plan to appear at the hearing unless otherwise told not to do so.  Second, you should call the District Attorney’s office and speak with the Assistant District Attorney in charge of that particular case.  Let them know that you received a subpoena and, if you are the accident victim, tell them.  They may be interested if the at-fault driver had insurance and whether their insurance company took care of the damage to your vehicle.  Sometimes, the District Attorney is interested in asking the Court to make the defendant pay “restitution” if he/she didn’t have auto insurance or hasn’t paid for the damages they caused. 

At Flattmann Law, we encourage our clients to contact us if they receive anything about their car accident claim, including subpoenas.  We then walk them through the process and try to take the anxiety out of the process.

Have You Been Injured In A Covington Area Accident And Received A Subpeona?

If you have questions about a subpoena you received following a car wreck contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Hammond, Lacombe, Pearl River, and Slidell.

Did your attorney even take the Louisiana bar exam?  If they did, was it the "express version" or the regular version?  Did you ever think you would have to add these to your list of questions to ask a potential lawyer?   Yikes!

The Louisiana Supreme Court decided (by a vote of 4-3) to allow those registered to take the July and October, 2020 bar exams and otherwise qualified (ie. graduating law school) to automatically "earn" a law license.  This covered over 500 new Louisiana lawyers.  Waiving the bar exam is something that hadn’t happened since the Korean War, nearly 70 years prior.

In Case You Were Wondering...

About 30%-35% of applicants fail the bar exam every year.  In the period prior to the exemption (July, 2019), pass rates were as follows:  LSU (84.38%); Tulane (76.67%) Loyola (70.80%); and Southern (51.13%).   

3 Justices disagreed vehemently with the Supreme Court's decision, saying that the state would be licensing unqualified attorneys who may be unfit to serve the public.  Justice Genovese asked "What other professions are allowing a professional license without testing?"

In my opinion, the decision to license attorneys without having to pass the bar exam may intensify the public’s already scarred perception of the practice of law and unleashes potentially unqualified lawyers on the unsuspecting general public.  It also doesn't do any favors for those new attorneys, who will always have an asterisk by their name when seeking jobs and representing clients.  My advice to those new attorneys:  Sit voluntarily for the bar exam as soon as possible to separate yourself from the rest of the pack.

Have You Been Injured In A Covington Area Accident And Want A Qualified Attorney?

If you are looking for a qualified car accident attorney to review your case contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Hammond, Lacombe, Pearl River, and Slidell.

At Flattmann Law, we review every single one of our cases on a DAILY basis.  It is part of our culture and practice.  If something can be done in your case to help move it along, we take action. 

On each Monday morning of every week, the entire staff meets to discuss all of our cases and analyze them to see if anything can be done to move them forward.  Depending on the case, sometimes the action is as simple as a phone call or email to a client to check on their medical progress.  If a case is in litigation, perhaps it is time to send out written discovery, schedule depositions, or hire an expert witness.  Out of our weekly meetings comes a constantly revised case list (or “to do” list).       

The purpose of our weekly meetings is to make sure we are doing everything in our power to provide our clients with the best, most efficient, and effective representation possible.  To use a volleyball analogy, “If the ball comes to our side of the court, we do our best to get it back over the net as soon as possible.” 

Every morning of the week, we spend 10-15 minutes reviewing our case list in order to set action items for that day.  One by one, we begin executing those items, constantly looking for new ways to push our clients’ cases forward.  At Flattmann Law, we do not procrastinate.  If something can be done to progress our clients’ case, we do it!  We believe in being proactive, not reactive. 

Have You Been Injured In A Covington Area Accident And Want A Law Firm That Truly Cares?

If you are looking for a law firm that truly cares about you and will do everything it can to move your case forward contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Hammond, Lacombe, Pearl River, and Slidell.

Not all car insurance claims become lawsuits.  In fact, only a small percentage of insurance claims require the filing of a lawsuit.  When a lawsuit has to be filed, however, sometimes a choice may be made between filing it in a Louisiana State Court or in a Louisiana Federal Court. 

When a lawsuit has to be filed in Louisiana, a lawyer must decide upon the Court in which it may be filed.  In a personal injury context, the decision is based on a number of factors including, but not limited it where the car wreck or incident occurred and the domicile of the parties, including the plaintiff(s) and defendant(s).

Louisiana has over 30 judicial districts around the State.  Some of those districts may have 2 or more Courthouses.  For instance, the 22^nd Judicial District Court includes the St. Tammany Parish Courthouse and the Washington Parish Courthouse.  In comparison, there are 3 Federal District Courts in Louisiana, namely the Eastern, Middle, and Western Districts. 

Most of the time, car wreck cases that happen in Louisiana and involve Louisiana residents will be filed in the Louisiana District Court where the accident occurred.  However, accidents involving residents of different states (ie. if one driver is from Louisiana and one is from Mississippi), then the accident victim may have the option of filing suit in State or Federal Court.  So, what’s the difference?

There Are Many Differences In How Cases In Louisiana District Courts and Louisiana Federal Courts Are Handled. 

One of the main differences is that Federal Court cases are usually automatically assigned a trial date and case deadlines soon after being filed.  In comparison, cases filed in State Court usually require one of the parties to file a Motion with the Court, requesting that the Court set a date for trial and pre-trial deadlines.  In State Court, many judges require that the parties have completed the discovery process prior to requesting a trial date. 

Another big difference is the way Motions are handled.  In State Court, if a party files a Motion during a lawsuit, the Court sets a hearing date, and the parties submit written briefs and then argue before the Court.  The Court then decides on the Motion.  In Federal Court, Motions are typically submitted on the briefs alone, without the need for oral argument (unless one party requests it). 

The process of deciding upon the proper Court in which to file a lawsuit can be complicated and typically requires legal strategy by a skilled trial attorney. 

Have You Been Injuried In A Covington Area Car Wreck And Need A Skilled Trial Attorney?

At Flattmann Law, we handle cases in both Louisiana State and Federal Court. If you've been injuried and need a skilled trial attorney contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Hammond, Lacombe, Pearl River, and Slidell.