Our Personal Injury FAQ

In Louisiana, the statute of limitations (also known as the prescriptive period) to file a lawsuit for car and truck accidents is one year from the date of the injury or damage sustained.  This means that if a lawsuit is not properly filed within that period, the injured person’s claims are no longer valid.  

To be clear, filing an insurance claim with a big truck’s insurance company following a wreck is NOT the same as filing a lawsuit.  An insurance claim is the process of notifying the at-fault insurance company of the wreck and your damages and injuries and pursuing compensation for those injuries.  Filing an insurance claim does not require filing a lawsuit if the claim can be resolved within that year period discussed above.  Sometimes, if a claim cannot be resolved, a lawsuit must be filed to preserve and pursue our client’s claims.

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.

It is important to understand that liability (fault) for a pedestrian versus car accident is not determined simply based on whether someone was in a crosswalk when they were hit by a car.  Rather, whether you were in a crosswalk is just one of many factors to consider in determining liability. 

For instance, if a person disobeys a traffic signal and runs out into a crosswalk right in front of a moving car with the right-of-way, the pedestrian would likely be at fault for causing their own accident.  

Alternatively, if someone is walking in the street (even without a crosswalk) and is struck by a motorist who is not paying attention, driving too fast, or could have avoided the accident, then the motorist may be at fault for causing the accident.  

In Louisiana, fault can be assessed to more than one person.  This is called “comparative fault.”  That means that even if a pedestrian is found to be partially at fault for causing an accident, the other driver can still be found negligent.  

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.

Determining whether your accident qualifies under the Jones Act or falls under another law makes a huge difference in terms of your right to pursue certain claims, including for life-long disability.  

In other articles, we discussed the several factors to consider in determining whether one qualifies as a Jones Act seaman and if their case qualifies under the Jones Act.  If it does, the Jones Act allows an injured seaman to pursue many claims which are not available under other laws.  These include claims for permanent disability and future lost wages, among others.  

The Jones Act is unique and provides greatly different rights than other laws, such as the Longshore and Harbor Workers’ Compensation Act (LHWCA), general maritime law, or state worker’s compensation law.  It is very important to consult with an experienced Jones Act attorney as soon as possible after an incident in order to understand your rights.  

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 term “commercial truck” typically refers to a truck owned by a company, and not by an individual.  Commercial trucks can mean anything from 18-wheelers to dump trucks, and even pickup trucks being used by a construction company.  If a truck, or any vehicle for that matter, is owned by a company and being used by that company’s employees, it would be considered a commercial vehicle. 

Just like a personal vehicle, a commercial vehicle must be insured in order to be legally driven in Louisiana.  However, a commercial vehicle will typically be covered by commercial liability insurance, under the company’s policy of insurance, and not necessarily by the driver’s personal liability insurance.  

When we represent someone injured by a commercial truck, it is important that we identify the business who owns the vehicle and the proper insurance company with whom to file an injury claim.  Sometimes, a commercial insurance company has a different claims process than a personal insurer, so that will also be determined in order to ensure that a claim is handled properly.  

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.

Sometimes insurance companies deny car accident claims based on a lack of evidence to show which party was at fault for causing the accident.  When liability (fault) is an issue in a car accident case, it is important to quickly identify and gather evidence to piece together how the accident occurred.  

One of the first things we do when we are hired for a car accident case is to identify the evidence available.  While the police report is not itself evidence, it typically contains very useful information, including a description of the accident, the identification of witnesses, and even diagrams of the wreck.  

When we need more information as to how the accident occurred, we may visit the accident scene and take photos of the scene, and of any tire marks or debris.  We also consider the damage to the vehicles and sometimes use an expert to download “black box” data from the vehicles.  

Witness statements are also very important, and we may contact witnesses to better understand what they saw.  In this day and age of modern technology, we also assess if there is any video of the accident, such as from a dash cam or other surveillance nearby.  

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.

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Pedestrian versus car accidents can lead to very serious injuries or even death.  For an injured pedestrian, medical bills can quickly pile up.  But who pays them?  

Even if the driver is at fault for causing the accident, their insurance company is not legally required to pay for your medical expenses as the bills come in.  Instead, the insurance company will want to settle for one lump sum which includes not only your medical bills, but also your other damages, such as pain and suffering, emotional trauma, and lost wages.  Typically, a settlement occurs when the injured person has finished medical treatment. 

So, what do you do with the medical bills piling up?  If you have health insurance, the best option is to use it.  If you do get compensated for medical bills from the at-fault insurance company, your health insurer will likely request reimbursement for the bills it paid.  

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.

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.