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September 2024

Personal Injury

Bringing an Injury Claim Against Someone Driving a Rental Car: What You Need to Know

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Car accidents involving rental cars add a layer of complexity to personal injury claims. While you might expect that the driver is responsible for damages caused in the accident, the involvement of a rental car company can complicate the process. In Louisiana, there are specific legal frameworks that come into play when a person is driving a rental car. These laws determine the responsibility of both the rental car company and the driver. In this blog post, we’ll explore how you can bring an injury claim against someone driving a rental car, the rental car company’s role in verifying insurance coverage, and what happens if the driver does not have enough insurance to cover your damages. Understanding these dynamics will help you navigate the legal process more effectively, and if you need help, Big River Trial Attorneys in Baton Rouge, Louisiana, are here to guide you through every step of the way. The Role of the Rental Car Company in Verifying Insurance Coverage When someone rents a vehicle from a rental car company, that company is responsible for ensuring that the driver has proper insurance coverage. Under Louisiana law, rental car companies are required to verify that the individual renting the vehicle either has their own personal automobile insurance or chooses to purchase coverage provided by the rental company. If the renter has personal auto insurance, it typically extends to the rental vehicle. However, if the renter does not have insurance or opts out of purchasing additional coverage, the rental car company may become responsible for providing coverage in the event of an accident. Rental Car Company’s Failure to Verify Insurance In some cases, rental car companies fail to adequately verify whether the person renting their car has personal automobile insurance. When this occurs, the rental car company can be held primarily responsible for covering the damages caused by the driver in an accident. This failure to verify insurance may expose the rental company to liability for your injuries, especially if the renter was underinsured or uninsured. For this reason, if you are involved in an accident with a driver of a rental car, it’s essential to determine whether the rental car company properly verified the driver’s insurance coverage. A skilled personal injury attorney can help investigate this issue and ensure that the rental car company is held accountable if they failed in their duty. Who Pays for Damages in an Accident Involving a Rental Car? When you’ve been injured in an accident with someone driving a rental car, the question of who is responsible for paying damages depends on several factors, including the driver’s insurance status, the rental company’s policies, and the specifics of the accident. Here’s a breakdown of how responsibility may be assigned: The Renter’s Personal Auto Insurance If the driver of the rental car has personal auto insurance, their insurance policy will generally cover damages, just as it would if the driver were in their own vehicle. The coverage provided by the renter’s personal insurance may include liability coverage for injuries and property damage, as well as uninsured/underinsured motorist coverage (UM/UIM), depending on their policy. However, problems can arise if the renter’s insurance policy limits are too low to cover the full extent of your damages, especially if you’ve sustained significant injuries. In such cases, you may need to explore other avenues to recover the compensation you deserve. The Rental Car Company’s Insurance If the renter purchased additional coverage through the rental car company, this insurance can be used to pay for your damages. Rental car companies often offer supplemental liability insurance (SLI), which can provide higher coverage limits than the renter’s personal insurance. However, if the renter declined this additional coverage, and their personal insurance is insufficient, the rental company’s responsibility may come into play, particularly if they did not verify the renter’s insurance coverage properly. What Happens if the Renter Is Uninsured or Underinsured? If the person driving the rental car does not have enough insurance to cover your damages, it’s essential to understand your options. Uninsured/Underinsured Motorist (UM/UIM) Coverage If the renter is uninsured or underinsured, your own uninsured/underinsured motorist coverage (UM/UIM) may be an option. In Louisiana, UM/UIM coverage is available to protect individuals injured in accidents where the at-fault driver either doesn’t have insurance or doesn’t have sufficient coverage to pay for your injuries. UM/UIM coverage is designed to fill the gap between the at-fault driver’s insurance limits and your actual damages. If you carry UM/UIM insurance, it can provide significant protection in cases involving rental car accidents. Rental Car Company’s Liability If the rental car company failed to verify that the driver had insurance, they may be held liable for your injuries. In cases where the renter is underinsured or uninsured, and the rental company did not take adequate steps to ensure coverage, the company itself may be responsible for compensating you. This could result in the rental company’s insurance policy being used to cover your medical bills, lost wages, pain and suffering, and other damages. What to Do If You’re Injured in a Rental Car Accident If you’ve been injured in an accident involving someone driving a rental car, it’s critical to take immediate steps to protect your legal rights. Here’s what you should do: Seek Medical Attention: Even if you think your injuries are minor, it’s important to see a doctor as soon as possible. Some injuries may not be immediately apparent and could worsen over time. Document the Accident: Gather as much evidence as possible, including photos of the accident scene, witness statements, and the rental car driver’s contact and insurance information. Contact an Experienced Attorney: Bringing a claim against someone driving a rental car can be complex, especially if there are issues with the driver’s insurance or the rental company’s responsibility. An experienced personal injury attorney can help investigate the accident, determine liability, and pursue compensation from all responsible parties. At Big River Trial Attorneys in Baton Rouge, Louisiana, we have extensive experience handling cases

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Personal Injury

How to Calculate a Lost Wage Claim in a Personal Injury Case: A Comprehensive Guide

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When you’ve been injured in an accident, your first priority is your health and recovery. However, personal injuries can have significant financial consequences, particularly if you’re unable to work due to your injuries. In personal injury cases, victims are often entitled to compensation for lost wages, which may include both past lost income and future lost earning capacity. Calculating a lost wage claim can be complex, especially when you’re dealing with the intricacies of Louisiana law and insurance companies. Below, we break down the key components involved in calculating a lost wage claim and explain the types of evidence typically used, along with the professionals who may need to be consulted, such as economists, life care planners, and vocational rehabilitation specialists. What Are Lost Wages? Lost wages refer to the income that a victim would have earned had they not been injured. This includes not only the time immediately after the injury but also any future lost income due to long-term or permanent disability. Calculating lost wages requires detailed information about your pre-injury earnings and the extent to which your injuries have impacted your ability to work. In Louisiana, you have the right to seek compensation for both past lost wages (the wages lost between the time of the accident and the settlement or trial) and future lost earning capacity (the expected loss of earnings due to long-term impacts of the injury). How Are Past Lost Wages Calculated? Past lost wages are typically easier to calculate because they deal with concrete numbers, such as your salary, wages, or other earnings before the accident. To determine the amount, your attorney will gather evidence such as: Pay Stubs or Salary Statements: Pay stubs are a straightforward way to demonstrate your regular earnings. If you are a salaried employee, determining past lost wages is relatively simple: calculate the daily rate based on your salary, and multiply that by the number of days you were unable to work. Tax Returns: Tax returns can be used to verify your annual income over previous years, especially if you’re self-employed or work on a commission basis. If your income fluctuates, tax returns provide a reliable average over a longer period. Employer Testimony or Documentation: Sometimes, a letter from your employer may be necessary to confirm the dates you missed work and whether you received any paid time off or sick leave that may offset the lost wages. Business Records (for Self-Employed Individuals): If you’re self-employed, your situation is more complicated. You’ll need to provide business records, contracts, invoices, or other documentation that can prove what you would have earned had you not been injured. Future Lost Earning Capacity: A Complex Calculation Future lost earning capacity is far more complex to calculate than past lost wages. It involves estimating the amount of income the injured party will likely lose due to their reduced ability to work in the future. This might be because the person cannot return to their former job, has to take a lower-paying job, or cannot work at all. Several factors come into play when determining future lost earning capacity: The Severity and Permanency of the Injury: If the injury is permanent, the lost earning capacity will typically be higher because it extends for the rest of the injured party’s working life. The more severe and disabling the injury, the greater the impact on future earnings. The Plaintiff’s Age and Career Path: Younger individuals may be entitled to higher future lost earning capacity claims, as they have many more working years ahead of them. Additionally, if the plaintiff was on a clear career path with anticipated raises and promotions, those potential future earnings must be factored into the calculation. Economic Projections and Inflation: Economists may need to be consulted to factor in future inflation rates, interest rates, and general economic conditions that might impact future earnings. Types of Professionals Who Assist in Lost Wage Claims While some lost wage claims are straightforward, others require the expertise of specialized professionals to ensure an accurate and fair calculation. Below are three key experts who may be involved in a complex personal injury case: Economists: An economist may be needed to calculate the long-term financial impact of the injury. This includes determining the present value of future lost earnings, taking into account inflation, raises, promotions, and even possible interest rates. Economists provide a detailed analysis of how much money the injured party would have made throughout their career had the injury not occurred. Life Care Planners: In cases where the injury is severe and long-term care is necessary, a life care planner can create a comprehensive care plan for the victim. This plan will outline the medical expenses, therapies, and other future needs, such as medical equipment, home modifications, or personal care aides. The costs associated with this care can then be incorporated into the claim for lost earning capacity, as they directly affect the plaintiff’s ability to work. Vocational Rehabilitation Specialists: These experts assess the injured party’s physical and mental ability to return to work after an injury. A vocational rehabilitation specialist evaluates the plaintiff’s education, experience, and skillset and compares that to the job market. If the plaintiff cannot return to their former position, the vocational rehabilitation expert may offer an opinion on what other types of work they can do and how much they can expect to earn, factoring in their injury. Evidence Used to Support Lost Wage Claims To support your claim for lost wages, several types of evidence are critical: Medical Records: Medical records are vital to proving that your injury has directly affected your ability to work. Doctors’ notes should clearly indicate that you were unable to work due to your injury and provide a timeline for your recovery or any permanent restrictions. Work Attendance Records: If you missed work for doctor’s appointments, therapy sessions, or due to the injury itself, attendance records from your employer can show how many days you were out. Expert Testimony: In addition to vocational rehabilitation

Personal Injury

What is a Good Settlement Figure?

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When you’re injured due to someone else’s negligence, navigating the complexities of a personal injury settlement can be daunting. A pressing question that often arises is, “What is a good settlement figure?” The answer is multifaceted, involving numerous factors such as insurance coverage, the at-fault party’s financial capacity, the severity of the injuries, medical expenses, attorney fees, and the potential costs of litigation. In this article, we’ll break down each of these components to help you better understand what constitutes a fair settlement. Insurance Coverage: The Foundation of a Settlement The amount of insurance available plays a crucial role in determining the settlement figure. In most personal injury cases, the at-fault party’s insurance company is responsible for compensating the injured party. The policy limits often set the upper boundary of what can be realistically obtained through a settlement. For instance, if the at-fault driver has an insurance policy with a $100,000 limit, that is typically the maximum amount the insurance company will pay, regardless of the actual damages incurred. You have a right to sue the at-fault party for more than the available insurance, but it can often be difficult to collect on the judgment. However, the situation can become more complex if multiple parties are involved or if the policy limits are insufficient to cover the damages. In such cases, underinsured motorist coverage from your own insurance policy may come into play, or additional avenues for compensation may need to be explored. The At-Fault Party’s Financial Capacity Beyond insurance, the at-fault party’s ability to pay can impact the settlement figure. If the responsible party has significant personal assets, it may be possible to negotiate a higher settlement. Conversely, if they have limited assets and insurance coverage, the amount you can realistically recover may be lower. It’s important to have your attorney investigate the financial status of the at-fault party to understand the full scope of potential compensation. Severity of Injuries: The Core of the Claim The seriousness of your injuries is perhaps the most significant factor in determining the value of a settlement. Severe injuries that result in long-term disability, chronic pain, or substantial lifestyle changes typically warrant higher compensation. This is because these injuries not only affect your current medical condition but also have lasting impacts on your ability to work and enjoy life. Injuries are often categorized into economic and non-economic damages. Economic damages include quantifiable losses like medical bills and lost wages, while non-economic damages cover more subjective losses like pain and suffering. The more severe the injury, the higher the compensation for both types of damages. Medical Bills: The Tangible Evidence Medical expenses provide a concrete basis for calculating a settlement. All related costs, including emergency room visits, surgeries, physical therapy, and ongoing medical care, should be meticulously documented. The total of these expenses can significantly influence the settlement amount, as they represent the direct financial impact of the injury. In addition to current medical expenses, future medical costs must also be considered. Serious injuries may require long-term treatment, rehabilitation, or even modifications to your home or vehicle to accommodate disabilities. These projected costs should be included in the settlement negotiations. Attorney Fees: The Cost of Expertise Hiring an experienced personal injury attorney is essential for navigating the complexities of your case and negotiating a fair settlement. Most personal injury attorneys work on a contingency fee basis, meaning they receive a percentage of the settlement amount, typically ranging from 33% to 40%. While this fee structure ensures you don’t pay upfront costs, it’s important to factor attorney fees into your settlement expectations. Your attorney’s expertise can significantly impact the final settlement figure. They will work to maximize your compensation by thoroughly investigating your case, gathering evidence, and negotiating with the insurance company on your behalf. A skilled attorney will also be prepared to take your case to trial if a fair settlement cannot be reached. Litigation Costs: Weighing the Risks and Rewards The decision to settle or go to trial involves considering the costs and risks associated with litigation. Taking a case to trial can be expensive, with costs including court fees, expert witness fees, and other related expenses. Additionally, trials can be lengthy and stressful, with no guarantee of a favorable outcome. However, if the settlement offer is significantly lower than what you deserve, pursuing a trial may be worthwhile. Your attorney will help you weigh the potential costs and benefits, advising you on whether the risks of litigation are justified given the circumstances of your case. Calculating a Fair Settlement Determining a good settlement figure involves a comprehensive evaluation of all these factors. Here’s a simplified breakdown to help guide your expectations: Total Medical Expenses: Sum of current and future medical bills. Lost Wages: Calculation of income lost due to the injury and potential future earnings if the injury affects your ability to work. Pain and Suffering: Non-economic damages based on the severity of the injury and its impact on your life. Attorney Fees: Typically a percentage of the settlement amount. Litigation Costs: Estimated expenses if the case goes to trial. Let’s consider an example: Suppose your medical expenses total $50,000, and you’ve lost $20,000 in wages. The pain and suffering may be calculated as two to three times the sum of your medical expenses and lost wages, resulting in an additional $140,000 to $210,000. If your attorney’s fee is 30% of the settlement, and the litigation costs are estimated at $10,000, the total settlement figure should reflect these components. In this scenario, a reasonable settlement might range from $210,000 to $280,000, considering all factors. Conclusion Understanding what constitutes a good settlement figure in a personal injury case requires careful consideration of various elements. Insurance coverage, the at-fault party’s financial capacity, the severity of the injuries, medical expenses, attorney fees, and litigation costs all play crucial roles in determining a fair amount. By thoroughly evaluating these factors, you can work with your attorney to negotiate a settlement that adequately compensates you for

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