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Making A Claim Against Your Employer’s Automobile Insurance Company for UM: Yes You Can!

Typically when you are hurt on the job, your only recourse against your employer is under the Louisiana Workers’ Compensation Act. See La. R.S. 23:1031. You cannot typically sue your employer for tort damages like pain and suffering when you are hurt on the job. See La. R.S. 23:1032. Your only remedy against your employer

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Louisiana’s Traffic Law Regarding Backing on Roads and Highways

Louisiana’s roads and highways are intended for vehicles to travel forward. Motorists should not back down a road or highway unless it is absolutely necessary. However, when it is becomes necessary to back down a street, for example, the driver should exercise a high degree of care. La. R.S. 32:281(A) states: The driver of a

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Emergency Vehicles: Limited Immunity, Speeding, and Driving Recklessly

In Jefferson Parish, emergency vehicles do not have to follow posted speed limits when responding to an emergency. Sec. 36-52. For instance, a fire truck responding to a fire can disregard the speed limit as long as its lights and sirens are activated. However, the exemption is limited. Sec. 36-52 states in part: This exemption

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Maximum Medical Improvement (MMI) in Louisiana Injury Cases

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

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Rear end vehicle collision

Making a Claim Against Your UM Insurer in Louisiana

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

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Car off the road in an accident

UM Coverage in Louisiana

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

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Car Crash

Drivers’ Duty of Care on Louisiana Roadways (The Basics)

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.

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Medical Expenses Recoverable in Personal Injury Cases

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

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