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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  • The Driver That Caused My Accident Admitted To Hitting The Gas Rather Than The Brakes. Do I Have A Case?

    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.

  • Can The Jones Act Protect Me From Retaliation From My Employer?

    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.

  • I Gave The Insurance Company A Recorded Statement Following My Truck Accident But Before I Talked To An Attorney. What Can I Do?

    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.

  • Will My Personal Injury Case Have To Go To Court?

    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.

  • Does It Matter What Family Files A Wrongful Death Claim?

    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.

  • I Disagree With The Police Report Regarding My Motorcycle Accident. What Should I Do?

    Being a police officer is a hard job and it doesn’t get easier when it comes to writing accident reports.  The police officer comes onto the scene of the accident after it has happened, after vehicles have been moved, and sometimes, even after one or more of the parties has been transported to the hospital.  A police officer is oftentimes tasked with writing a report without the benefit of having key facts.  

    If a police report contains a minor error following a motorcycle accident, you should get in touch with the police department and ask if they can have the officer contact you to discuss the report.  If there is a minor error, the officer will most likely work with you to correct the problem.  

    If you disagree with the officer’s assessment of fault following a motorcycle wreck, the officer will be less likely to amend their report, unless you present important evidence (such as video of the accident), which they didn’t have before.  

    While a police report cannot be used as evidence in a civil trial, the insurance company will definitely rely on it to make their decisions.  
     

    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 Will It Take To Resolve My Truck Accident Case?

    The length of time it takes to resolve a truck accident case depends on many factors.  First, we never want to settle a truck accident claim until our client has fully recovered from his or her injuries or is in a position where he or she knows what the future holds for them in terms of their medical wellbeing.  

    Once our client is in a position to resolve their claim, a second factor that determines how long it takes to resolve a truck accident case is whether the at-fault insurance company is taking responsibility for the truck accident.  

    Finally, even if an insurance company is accepting 100% liability for a truck accident, that does not mean that they will value your claim fairly.  If an insurance company is not willing to offer a fair settlement, this may lead to filing a lawsuit against them, which does take time.  

    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.

  • Can My Family Sue For Pain And Suffering In A Wrongful Death Claim?

    In Louisiana, when a loved one dies as a result of a car wreck, certain family members of the person may bring “wrongful death claims” and “survival actions” against the at-fault parties.  

    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.

    Understanding the proper family member(s) who may file a wrongful death claim is very important.  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.

  • What Is The Difference Between Wrongful Death And Murder?

    Let’s talk about the difference between “criminal” law and “civil” law.  Criminal law refers to the prosecution of someone charged with committing a crime.  This can range from a simple traffic violation to murder.  In a criminal law case, the State or District Attorney is the prosecutor, and it is up to the suspect to their own attorney or public defender to defend them against the charges.  In criminal law, the consequence of being found guilty includes penalties such as fines or jail time.  

    Civil law refers to the pursuit of someone’s claims for money damages against another party.  This can be from anything ranging from a breach of contract matter to a claim for personal injuries arising from a car accident.  In these cases, the injured party can hire an attorney who may file a claim against the at-fault person’s insurance company or even file a civil lawsuit against the responsible parties.  The outcome of a civil matter is typically for the payment of money.  

    Sometimes, a person’s negligent actions can result in both criminal and civil cases.  Take for example a drunk driver who kills another person.  That drunk driver can be charged with a crime by the District Attorney and at the same time, the victim’s family can bring a civil case for wrongful death against them.  

    Wrongful death is a specific type of civil action, giving a victim’s family the right to pursue the at-fault party for damages sustained as a result of the death of their loved one.  In contrast, murder is a specific criminal charge the District Attorney or State would prosecute against the at-fault party.  

    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.

  • What Defense Will The Trucking Company Use In My Truck Accident Case?

    If you have been involved in a wreck with a big truck, chances are that the truck company or their insurance company will look to blame you for the accident.  
     
    Common defenses to a big truck accident include the following:
     
    Blaming the other driver for coming to a sudden stop in front of the truck.
    Blaming the other driver for being in the truck’s “blind spot.”
    Blaming the other driver for “scooting” in front of the truck at the last second.
     
    Oftentimes, these defenses can be refuted with evidence from the accident scene, including photos of tire tracks, analyzing vehicle damage, and even accident reconstruction.  Sometimes, we will collect the truck’s “black box” data, which includes information on the truck’s speed and braking just before impact. 
     
    Big truck accidents can get complicated quickly.  

    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.