Our Injury and Accident Frequently Asked Questions
What if the other driver says I am partially at fault in the car crash? Who is responsible for my slip and fall accident outside a store? Is the parking garage where I was assaulted partially responsible for my injuries? We answer questions like these and many more in our accident and injury frequently asked questions. Browse for the answers you need.
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What Are The Safest Days And Times To Drive?
Ever wonder if some days or times are safer to drive than others? If you are like me, there are days I come up and tell my wife: “It seems like all the bad drivers are on the road today!” Is that a coincidence? Turns out it is NOT!
Be extra vigilant on Friday and Saturday!
According to the National Safety Council (Injury Facts), the number of fatal crashes is more frequent on weekends, peaking on Saturday. The number of nonfatal crashes is higher on weekdays, peaking on Friday. For both fatal and nonfatal wrecks, the peak time of day was 4 p.m. to 7:59 p.m., but vary depending on the time of year. In general, less fatal crashes occur in the morning and increase later in the day and into the evening hours.
Travel in March, not in October.
During the COVID pandemic, crash statistics were largely sporadic given people’s jobs, crazy store hours, lack of school, etc. Now that things are getting back to normal, so are crash statistics. Typically, less miles are traveled in January and February and steadily increase through July. As a result, traffic deaths were lowest from January to March and elevated from May through October.
Increases in fatalities during COVID.
You would think that with fewer people on the road during the COVID pandemic, the rate of crashes and fatalities would have decreases. Surprisingly, this was not the case. In fact, in 2020 the number of crash deaths increased by 8% despite an 11% decrease in the amount of miles driven. In 2021, the number of deaths increased by an additional 11%.
Researchers blame the increase in traffic deaths in 2020 to three factors: (1) An increase in alcohol-impaired driving; (2) an increase in speeding; and (3) an increase in unrestrained vehicle occupants.
Let this be a lesson to all of us that just because there may be fewer people on the road, whether it be on a Sunday morning or during a pandemic, we should never let down our guard while driving!
Have You Been Injured In An Accident And Searching For A Personal Injury Lawyer?
No matter what day or time your accident happened 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.
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Why It Is Important To Accurately Report Injuries To A Medical Provider After A Car Wreck?
I get it. After a car wreck, you may be shaken up and achy, but you just don’t have time to go to the doctor. “I’ll just take some Motrin and rest.” You have a full-time job, kids to pick up from school, and just not enough time to deal with your own injuries. “Hopefully I’ll feel better after a few days.” If this is you, I understand. But just know that if you don’t take time to properly document your injuries soon after an accident, the insurance company probably won’t give you credit for them later, even if you are really hurt and things get worse later.
Insurance companies don’t take your word for it.
If your injuries are not documented in black and white in a medical provider’s records, the insurance company will not consider them in the adjustment of your insurance claim. It doesn’t matter if you have been dealing for months with persistent back pain. As the insurance company sees it, if your injuries weren’t bad enough to cause you to seek medical treatment, they aren’t serious enough to compensate.
When you go to the doctor’s office, urgent care, the chiropractor, or to the emergency room, you will have several opportunities to document your injuries. First, you will likely be asked to fill out patient forms, including a review of your current symptoms. It is important to accurately complete these forms and list ALL of your current symptoms.
When you meet with the medical provider or their staff, it is also important to describe ALL of your injuries, even if some seem minor in comparison.
When the insurance company reviews your medical records, they should evidence all of the injuries you are claiming were caused or aggravated by the wreck. The medical records will corroborate your reported injuries and help prove your claims.
Make sure to list everything bothering you.
It is human nature to downplay our own injuries. It is also typical for us to leave out what we may think to be minor symptoms when other, more major problems are bothering us. For instance, if you suffer a right shoulder dislocation, your focus will be on that and you may fail to mention that your left ankle is also swollen.
In a personal injury case (like a car wreck), it is important to list ALL of your symptoms to a medical provider, even if they seem minor. That’s because if minor symptoms get worse over time, the insurance company may not believe that they are related to the car wreck if those symptoms were not documented soon after the accident. For instance, if you report low back pain for the first time six months after an accident, the insurance company will have a hard time relating it to the wreck since it wasn’t documented soon thereafter. This is the case even if you had low back pain immediately after the wreck and either didn’t see a doctor or failed to report it.
Take pictures of your injuries.
It is true that a picture can say a thousand words. If you have visible injuries, such as bruises, bumps, scrapes, road rash, stiches, or other wounds, take as many pictures and videos of them as necessary. Do this during your entire healing process so that you can have a record of your injuries. In some cases requiring wound care, photos can be important to prove the amount of effort that went into cleaning and dealing with your injuries, and any permanent scarring you may have.
Keep a diary.
We provide a diary to all of our clients so that they can document their injuries, treatment progress, doctor appointments, missed work, and general wellbeing during their recovery. Keeping a diary is a good idea, as it is important to memorialize how you are feeling in the moment, rather than trying to remember those details months or even years later.
Have You Been In An Accident And Not Sure What To Do?
If you were shaken up because of an accident and not sure what to do 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.
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Does Flattmann Law Accept Every Case?
At Flattmann Law, we accept about 8% of the calls we receive. That means, for every ten phone calls we get inquiring about a car wreck or personal injury, one of those callers may become our client.
Why so few? We take pride in the quality of representation we provide in each and every case we accept. We make sure the cases we take have merit, are serious, and result in good relationships with our clients.
Does the case have merit?
The key factor in any personal injury case is liability, or who is responsible for causing an accident or incident. Sometimes this is straightforward, like when a car is sitting at a red light and gets rear-ended by a driver who is texting. But sometimes, liability is not as straightforward, like when a crash happens at an intersection and two people both swear that they had the green light. Sometimes, a caller may not understand that their own actions caused or contributed to an accident and that they may be liable.
When we consider a case, evidence regarding liability plays a huge role in our decision whether we can represent a client. Even if we can’t take a case, we make sure to let the caller know the reason.
Does the case involve injuries?
At Flattmann Law, we represent clients who have suffered serious injuries as a result of car wrecks, including family members of loved ones who have died as a result of major accidents. One thing we discuss during a potential client’s phone call is whether the person was injured because of the car accident. If the answer is yes, we discuss their medical history, including any future treatment.
If a caller has not suffered a legitimate injury, we will not be able to represent them. However, in those cases, we still try our best to point that person in the right direction concerning their rights against the at-fault insurance company.
In some cases, the caller may not realize just how badly they are injured. They may say that they are “okay” and then go on to describe how they have been suffering with all kinds of injuries they didn’t have prior to the accident. Something is definitely wrong and the last thing they want to do is resolve their car wreck claim before getting checked out by their doctor.
Our Firm Is About Quality, Not Quantity
At Flattmann Law, we take pride in the way we handle each and every one of our clients’ cases. Unlike many larger firms, our success does not depend on taking and settling as many cases as quickly as possible. Through the course of our representation, we form close relationships with our clients. If we take a case, that means we will do everything we can to obtain a favorable outcome for our client. We will exceed the expectations of our clients.
We review cases BEFORE taking them:
Some large law firms have a very low bar when it comes to accepting cases and will “sign up” nearly every call they get. It’s only after they get around to reviewing the substance of the case a few weeks later when they conclude that the case does not have merit and end up dumping (terminating) the case. At Flattmann Law, we have even gotten calls from clients whose cases were dumped by accident by another firm. Yikes! At our firm, we do our research before entering into a contract with a client to handle their case.
Have You Been In An Accident And Need An Attorney That Values Quality Over Quantity?
If you are looking for a personal injury firm that values quality of representation over quantity of cases 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.
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How Do I Know If It Is Worth It To Call A Personal Injury Lawyer About My Car Wreck Case?
“I don’t want to waste anyone’s time, but I just don’t know if I need to hire you or not.” We hear this from potential clients on a consistent basis.
How do you know if your case is “worth hiring an attorney?”
If you are wondering if you need an attorney for your car wreck case, they answer is “most likely, yes.” We have an inherent sense of knowing if we are getting in over our heads, and a car wreck claim is no different. It may start out simple enough – calling the insurance company to report claims, getting the police report, going to the doctor. But it can soon become overwhelming and confusing. Medical bills start coming in, your health insurance company is asking about the accident, insurance adjusters want to take your “recorded statement,” and your car repair and rental are not going as smoothly as you thought.
All the while, you are trying to go about your normal life, but you have this nagging car wreck claim to deal with, sooner or later. If this sounds familiar, you probably need to hire a skilled personal injury lawyer to help.
Were you injured or “still don’t feel right” due to an accident?
If you were injured or received medical treatment because of a car accident, things like medical bills and insurance coverage can get complicated quickly. Understanding the types of insurance claims you have and your rights to recovery are also important.
Sometimes an insurance company will offer a quick settlement, typically along the lines of “medical bills” and a certain amount of additional money. Here’s the problem: Are they talking about your full medical bills, your out-of-pocket deductibles/copays, or how much your health insurance paid? Also, what about future medical bills that might pop up? How do you know how much they may cost? If you have any of these concerns, it may be a good idea to contact a personal injury lawyer.
A quick call can help answer your questions.
Believe it or not, in the first 30-seconds of a conversation with a potential client, we can usually tell if we would be of service to them. A quick phone consultation can typically help answer important questions about your case, even if you don’t end up hiring us. “Is this right?” “Is the adjuster being reasonable?” “How long does that normally take?” “Why are they being so difficult?” These are all common questions we can likely answer during a short initial phone call.
We are 100% not pushy.
It is okay if we are not the right law firm for you or if you end up not needing our services. If we can provide assistance with a quick call or consultation to help you navigate your car wreck claim yourself, that would be great! While we may follow up with you to check on your progress, we will NEVER be pushy. Quite simply, we want clients who hire us to be completely comfortable in our representation of them.
Have You Been In An Accident And Don't Know If You Need A Personal Injury Attorney?
At Flattmann Law, we are not pushy. If we are not right for you, or if you don’t need us, we will tell you! If you have been in an accident and have questions about your car wreck claim 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.
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How Long Does It Take To Settle A Car Accident Case?
How long will this process take? This is probably the most asked question we get from our clients. The answer…it depends. Insurance claims can take anywhere from a few weeks to several years to resolve, depending on a number of factors.
How significant are your injuries?
Typically, we do not want to settle an insurance claim before our client is either fully healed from their injuries or comfortable with their future medical outlook. Why? Because insurance claims are valued in part based on the types of injuries incurred and the amount of time it takes to recover from those injuries. Settling a case prematurely can sometimes limit the true value of an insurance claim.
Are there limits on the amount of insurance coverage available?
In Louisiana, the state requires drivers to have minimum car liability limits of 15/30/25. This means liability limits of $15,000 per person up to $30,000 per accident and $25,000 for property damage. A majority of Louisiana drivers have minimum limits. Unfortunately, this means that if you are seriously injured in a car accident, the person who caused the accident may very well have only $15,000 in insurance coverage available to cover your medical bills and general damages, like pain and suffering, lost wages, etc. That’s not much considering that an ambulance ride from Hwy 190 to St. Tammany Parish Hospital alone can cost $3,000 and a hospital bill can cost another $2,000 to $8,000.
Why does this impact how long an insurance claim takes? If there is limited insurance available, the value of a major personal injury claim will quickly reach those limits. At Flattmann Law, we keep insurance companies informed about our clients’ injuries and treatment. As a result, when our clients’ claims reach policy limits, insurance adjusters often call us in an attempt to resolve those claims as quickly as possible.
In major injury cases, while it is good news if the at-fault party has high limits of liability coverage, it also means that the claim may take longer to resolve. In those cases, it is important for our clients to get to a point of maximum medical improvement before settling their case, and doing so can take time.
Are there questions as to who is responsible for the wreck?
Insurance companies are experts at trying to pass the blame to the injured victim of an accident. If the insurance company is refusing to accept responsibility (liability) for a wreck, we may have to take extra measures to prove our case. This can be anything from conducting interviews of witnesses to hiring crash reconstruction experts. Often, if an insurance company is refusing to accept liability, it requires the filing of a lawsuit and lawsuits can take a long time to finalize.
Have You Been In An Accident And Have Questions About How Long It Will Take Your Claim To Resolve?
If you have been in an accident and have questions about how long it will take to resolve your car wreck claim 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.
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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.
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I Fell And Was Injured At A Grocery Store. Is The Business Responsible For Compensation?
A fall at a grocery store can result in significant injuries. However, in Louisiana, whether the owner of the store is liable depends on many factors. This is the law of premises liability.
First, you must prove that the reason you fell was due to an unsafe condition. Typically, the test is whether a reasonable person would think that the condition constituted a hazard.
Second, you must prove that the store had actual or constructive notice of the dangerous condition. In other words, you must prove that the store or its employees created the unsafe condition or should have known that the unsafe condition existed, even if someone else (ie. another customer) created it.
Finally, the store and its insurance company may try to blame the injured person for not noticing the unsafe condition in the first place, or for being preoccupied at the time they were hurt.
We have handled many premises liability cases, including cases against grocery stores, big-box stores, and restaurants, just to name a few. It is important in these cases to contact a premises liability lawyer as soon as possible so that they can make efforts to preserve important evidence.
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.
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Can I File A Personal Injury Claim Without A Lawyer?
Anyone can file and pursue their own personal injury claim without a lawyer. Whether that is a good idea or not depends on a variety of factors, including the severity of injuries and damage, whether the other person is admitting fault, and the interests of third parties such as medical providers, health insurers, and others.
Even minor accident claims can become complicated quickly. Just a trip to the ER can result in several medical bills and create a reimbursement interest from your health insurer, especially for people with Medicare or Medicaid. At Grady J. Flattmann, Attorneys at Law, we make sure that our clients’ claims are handled the right way, start to finish.
Also, remember that insurance company adjusters are trained to ask specific questions of accident victims in an effort to save money for the insurance company. Having an experienced personal injury attorney on your side to interact with insurance adjusters can be a major advantage.
If you are thinking of handling your own personal injury claim, please call us today. At Grady J. Flattmann, Attorneys at Law, we offer a free 15-minute “CRASH COURSE to help you better understand the ins and outs of your claim.
Give us a call today to schedule your free “CRASH COURSE” at (985) 590-6182.
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.
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If A Personal Injury Accident Was My Fault Can I Still Win The Case?
Car accidents can be complicated and sometimes, more than one person may be at fault for causing the wreck. In Louisiana, we have what’s known as “comparative fault.” This means that a person can recover for their personal injuries, even if they were partially responsible for causing the wreck.
For instance, if it is determined that someone is 50% responsible for causing a wreck, they can still collect 50% of their damages. Also, if the other person had the reasonable opportunity to avoid the wreck, but didn’t, you may still prevail in a personal injury claim, regardless of fault. In Louisiana, this is called the “last clear chance doctrine.” Many factors go into the success or failure of a personal injury case.
At Grady J. Flattmann, Attorneys at Law, we examine each of our clients’ cases from every angle.
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.
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What should I do after a slip and fall accident?
Slip and fall accidents are considered a type of premises liability claim. If your injury was caused by the property owner's failure to maintain reasonably safe conditions, you may be able to seek compensation for expenses related to the incident.
Protect Your Rights With These Five Steps
1. Report the Injury
As soon as you fall, you should report the injury to the property owner. If you are injured in a store, restaurant, or another public establishment, report the incident to the manager on duty. Request a written copy of the report for your own records.
2. Seek Medical Attention
You might be tempted to dismiss a bit of soreness or stiffness as a minor inconvenience, but it is important to seek medical attention after a slip and fall accident. Minor symptoms can turn into something more serious. For example, a backache might be a sign of a herniated disc.
3. Keep Detailed Records and Photographs
Documentation is vital in a slip and fall claim. Write down your account of the incident in as much detail as you can remember while it is still fresh in your mind, including the names of any witnesses who can corroborate your statement. Take photographs of the accident scene if you are able to. Keep your shoes and clothing from the accident in a safe spot in case these items are requested as evidence. Gather copies of medical bills and documentation of other expenses related to the accident.
4. Avoid Speculation
After an accident that may result in a premises liability claim, it is important to avoid speculation as to who is at fault. Don't talk to friends and family about the incident or make social media posts about the incident. Stay calm and limit your communication to a brief report filed with the property owner or manager.
5. Call an Attorney
A slip and fall accident may entitle you to compensation for medical expenses, lost wages, and pain and suffering. However, insurance companies are typically in no hurry to pay a claim. Protect your rights by contacting an experienced personal injury attorney who can 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!