An accident victim should not rush to settle her case if she wants a reasonable and fair settlement. Insurance companies will entertain settlement discussions soon after an accident because they think they will be able to convince the victim to take a low amount. However, an injured person should play it safe and at the […]
When to Settle a Personal Injury Case: Don’t Rush! Read More »
Doctors typically refer to maximum medical improvement or MMI as the goal of treatment. When a patient reaches MMI after an accident, it means that the patient has reached a plateau in recovery and that medical treatment cannot improve his or her condition any better than it is at that time. For example, if a
Maximum Medical Improvement (MMI) in Louisiana Injury Cases Read More »
My clients are often afraid to make claims for UM against their insurance carrier. They ask: “Won’t making a claim against my UM cause my insurance premiums to increase?” The answer is “no” as long as they were not at fault for the accident. Louisiana Revised Statute section 22:1284(A) states: No insurer shall increase the
Making a Claim Against Your UM Insurer in Louisiana Read More »
Uninsured/underinsured motorist (UM) coverage comes with all Louisiana auto insurance policies unless the purchaser rejects it in writing. The coverage protects drivers when they are in an accident caused by a uninsured or underinsured driver. What UM Covers UM covers pain and suffering, medical costs (past and future) and lost wages (past and future) related
UM Coverage in Louisiana Read More »
The basic duty of Louisiana drivers was stated in Stone v. Bullard, 43,996 (La. App. 2 Cir. 01/28/09) 2 So. 3d 1241. The Stone court held: Individual drivers have a duty to operate, control and use their automobiles reasonably, and to maintain a proper lookout for hazards, which might pose an unreasonable risk of harm.
Drivers’ Duty of Care on Louisiana Roadways (The Basics) Read More »
In Louisiana, a personal injury victim may recover past and future medical expenses caused by the conduct of a wrongdoer. See Caskey v. Merrick Construction Co., Inc., et. al., 46,886 (La. App. 2 Cir. 03/14/12) 86 So. 3d 186. This means if you are injured in an accident, you are entitled to all of your
Medical Expenses Recoverable in Personal Injury Cases Read More »
In a previous article, I discussed that defendant insurance companies may not believe a person is injured if she has gaps in her medical treatment or if she did not treat with a doctor after an accident. The same is true if an accident victim waits too long after an accident to seek medical treatment.
Waiting too Long to Obtain Medical Treatment after an Accident Read More »
An injured person should visit a doctor as needed to get better. That is the foremost reason to see a doctor. But seeing a doctor regularly after an accident serves another role: Medical records are created. Medical records are vital to proving personal injury cases. Doctors, like lawyers, keep records of their encounters with patients.
Dual Role of Medical Treatment in Personal Injury Cases Read More »
In Louisiana, a driver executing a left turn has a heightened duty of care. In other words, a driver turning left must be extremely cautious because the driver must often cross one or two lanes of oncoming traffic before straightening the wheel from the turn. Louisiana Revised Statute 32:122 states: The driver of a vehicle
High Duty of Care for Motorists Turning Left in Louisiana (La. R.S. 32:122) Read More »
My clients often ask whether they can file for unemployment benefits while their personal injury cases are pending. The answer is: It depends. If the client is seeking to recover lost wages as the result of an accident, the client must prove that her or she cannot work as a result of the accident. This
Filing for Unemployment Benefits in Louisiana Personal Injury Cases Read More »
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