Clients often ask me: “How long will it take for my case to settle?” The answer is: It depends. I have written a previous article stating that a personal injury case should not be rushed. Most attorneys will work hard for their clients and want to obtain the best results. To do this, an attorney […]
How Long do Louisiana Car Accident and Other Personal Injury Cases take to Settle? Read More »
The statute of limitations is called prescription or the prescriptive period in Louisiana. The prescriptive period is the amount of time after an event that a person has to either file a lawsuit or settle a claim relating to the event. In personal injury cases, the triggering “event” is the accident causing injury. Louisiana’s statute
A victim of a Louisiana accident can make a lost wage claim against the defendants as part of the victim’s personal injury claim. For example, a person injured in a car accident can make a claim against the at-fault driver and his or her car insurance company for: a) pain and suffering; b) loss of
Lost Wage Claims in Louisiana Personal Injury Accidents Read More »
Louisiana’s uninsured/underinsured motorist (UM) law is contained in La. R.S. 22:1295. UM coverage can be utilized to pay damages when a person is injured in a car accident caused by an uninsured or underinsured driver. But what happens when the offending driver flees the scene after the accident? In such a case, the fleeing vehicle
Phantom Vehicles or Miss and Runs, and Louisiana’s UM Law: La. R.S. 22:1295 Read More »
People often call me to determine whether they have a personal injury case. There are three factors that must exist in a personal injury case for it to work. Those three factors are: 1) injury; 2) fault; and, 3) ability to pay. These three factors must exist whether the case involves a Metairie car accident,
Anatomy of a Personal Injury Case: A Louisiana Attorney’s Perspective Read More »
Louisiana attorneys handling personal injury claims against uninsured/underinsured motorist (UM) carriers will often encounter “exclusions” to coverage found in the insurance policies issuing UM coverage. However, not all exclusions are valid. Some violate public policy, and some are not written narrowly and clearly enough. The following sections should help attorneys and insureds evaluate and handle
An attorney or personal injury victim representing him or herself should keep several factors in mind when filing a lawsuit against an insurance company to enforce UM benefits. Venue A lawsuit against a UM carrier must be filed in a proper venue (parish). A lawsuit against a UM carrier is to enforce rights under
Louisiana automobile insurance companies have 30 days after receiving satisfactory proof of loss to make unconditional tenders in UM claims. See La. R.S. 22:1892. This same timeline governs Medical Payments or Med Pay claims. Med Pay is coverage for medical bills arising out of an auto accident. Generally, this coverage, when purchased, covers the insured’s
Medical Payments (Med Pay) and the Timeline to Pay In Louisiana Insurance Claims Read More »
Clients often come to me after being injured in a car accident with questions and concerns about property damage. A client can make a claim on his or her own insurance for property damage if he or she has collision coverage. However, clients often do not want to do this and rather that the insurance
Property Damage After a Car Accident? Louisiana Law Explained Read More »
A Louisiana insured’s auto liability insurance policy will include UM coverage at the same limits as the bodily injury liability coverage in the policy, unless the insured properly completes and signs a form prescribed by the Commissioner of Insurance rejecting, selecting lower limits, or selecting economic-only coverage. La. R.S. 22:1295. Thus, a person buying an
Rejecting Uninsured/Underinsured Motorist Coverage (UM) in Louisiana Read More »
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