Escalating A Claim To A Lawsuit When facing a personal injury case, there are key moments when filing a lawsuit may become essential. One scenario is when the client is still receiving medical treatment, and the two-year statute of limitations is approaching. Filing a lawsuit ensures the claim stays active while treatment continues. Another situation is if the insurance claims adjuster denies the claim or offers an unfair, lowball settlement. If negotiations fail to produce a reasonable offer, escalating to a lawsuit becomes necessary to pursue fair compensation through the courts. Fundamental Aspects Of The Trial Process The trial process begins with filing a lawsuit against the at-fault party and their insurance company. The insurance company then responds by filing an Answer, which is their formal response to the claims. Next is discovery, where both sides exchange information relevant to the claim. The injury victim's attorney will send a list…Read More
Filing A Personal Injury Claim The process of filing a personal injury claim begins by contacting the insurance company to open a claim. Your attorney will then send a letter of representation to the insurer. After they receive it, the insurance company should only communicate with your attorney. Once your medical treatment is complete, your attorney will gather your medical records and bills. After reviewing and evaluating your case, they will submit all necessary documentation to the insurance company for further action. Filing A Claim Versus Filing A Lawsuit Filing a claim is an informal process where the attorney opens a case with the relevant insurance company, collects medical records, and negotiates a settlement with the claims adjuster. The insurance company typically responds within 30 days, and most claims are resolved through negotiation. Typically, filing a lawsuit becomes necessary if negotiations fail or if the statute of limitations—two years in…Read More
When To Contact A Personal Injury Attorney You should contact a personal injury attorney immediately after being injured in an accident. Deciding to hire an attorney can be tough, but remember that insurance companies prioritize their own interests over yours. An experienced personal injury lawyer can dramatically improve your chances of receiving fair compensation for your injuries, and getting a lawyer involved as early as possible will make things much easier than the alternative. Dealing With Insurance Claims Adjusters You need to understand what exactly it is you’re dealing with when interacting with insurance claims adjusters. Their role, simply put, is to minimize the compensation you receive. Although they may seem friendly, they aren’t your friend—their job is to reduce the value of your claim. This doesn’t necessarily make them bad people, but it does mean you need someone on your side to ensure fair treatment. Additionally, adjusters often don't return calls…Read More
In this article, you can discover… How negligence is understood in a motorcycle accident. The steps you can take to gather evidence of the other party’s fault. How an attorney can help you navigate pitfalls and challenges. What Is Negligence In The Context Of A Motorcycle Accident In Louisiana? When a person is negligent, it means they have behaved in a thoughtless or careless manner that has caused injury or harm to another person. For example, a person may run a red light, speed, or fail to yield to another motorist. Negligence may also result when a person drinks and drives or drives under the influence of illegal or prescription drugs. How Can I Gather Evidence To Prove That The Other Driver Was At Fault? If possible, take photographs or videos of the accident scene. This includes pictures of your bike and damage to the other vehicle. Photograph your injuries…Read More
In this article, you can discover… How the severity of your injuries can impact settlement amounts. The impact of driver insurance on your claim’s value. How jaywalking might affect your accident settlement. How Does The Severity Of My Injuries Affect My Compensation? In Louisiana, the amount and type of compensation you can claim as a victim of a pedestrian accident depends on the severity of the accident and the type of injuries that you sustained. An insurance company will value your claim based on the severity of the accident and the type of injuries. While severe injuries are valued the highest, you can still receive compensation if your injuries are only “soft tissue”, such as sprains or bruising. When you reach out to a personal injury attorney, they’ll review your case and help you determine damages that you may be entitled to, including damages for pain and suffering, past and…Read More
In this article, you can discover… The significance of estate planning documents in Louisiana. What makes a will legally binding. The process of contesting a will and the grounds it might be contested. What Is A "Last Will And Testament," And Why Is It Important In Louisiana? A last will and testament is a legal document that tells people where you want your property to go when you pass away. A last will and testament simplifies things for your loved ones and clearly spells out your wishes for your assets, making family debates and confusion less likely. How Does Louisiana's “Forced Heirship” Law Impact The Creation Of A Will? In Louisiana, a “forced heir” is a child who is 23 years or younger and who is permanently unable to care for themselves and their estate due to a mental or physical disability. Louisiana is the only state in the United…Read More
Protect Your Health And Your Claim: Some Essential Steps To Take Immediately After A Crash The actions you take immediately after a crash are crucial. They not only impact the claim you’ll file for compensation but, more importantly, can also significantly affect your physical well-being. After being injured, be sure to do the following: Call 911 Police and medical responders will document the incident, which provides vital evidence you’ll need for your claim later on. Check For Injuries Assess whether you and any passengers you may have are injured, and avoid moving anyone who is seriously hurt. Move Your Vehicle Out Of Traffic If possible, move your vehicle to safety and turn on the hazard lights. Exchange Information Collect the contact and insurance details of other drivers involved in the accident. Take Photos Document the scene and damage for your claim. Go crazy here by taking as many detailed photos…Read More
In this article, you can discover… How to determine if you have a valid dangerous drug claim. The importance of medical records to your case. The compensation you may be entitled to through a dangerous drug lawsuit. What Is A Dangerous Drug Under Louisiana Law? Any drug that causes harm to a person due to manufacturer or seller error or negligence can be described as a dangerous drug. This harm could include serious, unexpected side effects or permanent injury suffered as a result of taking these medications. For example, drugs that are not manufactured safely, drugs that are not adequately tested, or drug companies failing to warn patients of side effects can all lead to medications becoming dangerous drugs. This definition applies to both over-the-counter medications as well as prescription drugs. How Can I Determine If I Have A Valid Dangerous Drug Claim? In order to have a claim, you…Read More
On October 23, 2023, seven people were killed and at least 63 were injured in a massive 168-car pileup on I-55 outside of New Orleans. The pile up was caused by a thick layer of super fog - a combination of fog and wildfire smoke that dramatically reduced visibility. In some spots, visibility was near zero, which created dangerous driving conditions. The deadly wreck made national and international headlines. Reports indicate that there were at least 25 separate accidents on the roadway that morning. While the wreck is still under police investigation, insurance companies have already started their own investigation and are looking for who to blame. Given the sheer number of vehicles, the number of people injured, and the number of deaths, one thing is for certain - there will not be enough insurance to go around. In a massive pileup like this one, if the at-fault driver had…Read More
