Big River Trial Attorneys

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Personal Injury

If I’m injured in an accident, how will my medical bills be paid?

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If I’m Injured In An Accident, How Will My Medical Bills Be Paid? If you were injured in a car accident in Baton Rouge that someone else caused, the hospital and doctors have probably wasted no time in sending you medical bills. And as these bills have come piling in, you’re probably wondering, “Who’s going to pay for these?” After all, hospital and doctor co-pays are expensive and add up quickly, especially if you’ve needed to repeatedly see a doctor, physical therapist or chiropractor as a result of your Baton Rouge car wreck injuries. Unfortunately, Louisiana law does not require car accident defendants – meaning the careless driver who caused the wreck – to pay for your medical bills as they come in. Instead, you are on the hook for paying your medical bills on time and then you must fight the other driver’s car insurance company in order to get reimbursed for your expenses. Even worse, as soon as your health insurance company realizes that your medical bills are the result of a Baton Rouge car accident, it is going to demand to be refunded for any expenses it has paid to hospitals and doctors. If you had X-rays, MRIs, Cat-Scans or other expensive tests, this means your health insurance company is going to be coming after you, the innocent driver, for thousands of dollars! It doesn’t seem fair, does it? As an experienced Baton Rouge personal injury lawyer, I can tell you from experience that it can get even worse. If you speak to the other driver’s car insurance company without the representation of a personal injury lawyer, an insurance adjuster is going to try one of several tricks to try to pay you as little money as possible, and much less money than you actually deserve. One of the first tricks that car insurance companies use is to offer you what is called a “quick settlement” – an amount of money that may seem large initially, but once you add up the cost of all your medical co-pays, missed work, and the amount of money you owe your health insurance for their portion of your medical expenses, is nowhere big enough to reimburse you for your actual needs. Another trick that car insurance companies use when you don’t work with a Baton Rouge personal injury lawyer is to try to get you to make a recorded statement. An adjuster will tell you that it is just part of an investigation but don’t fall for it. The car insurance companies are trying to catch you on tape saying something contradictory that they can use as evidence in court to claim you are lying about what really happened in the car accident so that they can pay you less benefits than you deserve. Finally, car insurance companies have even been known to send spies out to follow you around Baton Rouge hoping to catch you on video doing something against doctor’s orders – all in efforts to prove that you aren’t really as injured as you actually are. With all the tricks that big insurance companies use to try and get out of paying for your bills, it makes you wonder why would anyone in Louisiana would fight a car insurance company without the help of a personal injury lawyer. When you work with a Baton Rouge personal injury lawyer like myself, I listen to your account of what happened in the car accident, I investigate the claim, and then I deal with the car insurance companies for you – protecting you from their schemes. I fight to get you the benefits that you deserve, including payment for your medical expenses, lost wages, pain and suffering If you’ve been injured in a car accident in Louisiana, then don’t waste any time. Call attorney Rusty Messer at (225) 963-9638 to schedule a free consultation today. And remember, there is no fee for my services until I win the benefits you deserve.

Personal Injury

What is a Premises liability case?

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What Is A Premises Liability Case? While you may not have known the legal name of a premises liability case, you read about these types of situations in the news all the time. Someone is at a store with wet a floor that isn’t marked, slips and falls, and is hurt. A dog bites a neighbor’s child while she is visiting their home. Or a worker is injured in an elevator or on an escalator that is not working properly at a department store. Basically, any time you are injured at a property that you don’t own, there’s a possibility that your injury may qualify for a premises liability case and that you may have a claim to be compensated. However, a Baton Rouge premises liability case isn’t simply based on the fact that you were injured on someone else’s property. These cases are based on negligence and the property owner or manager’s failure to reasonably ensure your safety while you were on their property. For example, let’s say you’re in at a store in Baton Rouge, you slip and fall, and break your leg. In order to win a premises liability case, you have to prove that the store was negligent. This may mean that the floor was wet – and the store knew it – but it wasn’t marked with a caution sign. Or it could mean that the store had uneven flooring or steps that weren’t properly marked and knew that they posed dangerous conditions. It could also mean that a floor was wet and the store didn’t know it because it had not bothered to check. In all of these scenarios, the store could be found negligent for your accident and be legally required to pay your medical bills and compensate you for your time off work and your pain and suffering. The same is true of dog bites. Perhaps you have a dog of a breed that is known to be vicious, like a pit bull. Or maybe you have a dog of a non-vicious breed, but it has a history of biting. If you know your dog has a history of biting and it bites someone again – even if your dog gets loose and bites someone in the middle of the street or in another neighborhood – you could be liable. Premise Liability Cases Can Get Personal While you always seem to hear about the premise liability cases that happen on commercial property, what you don’t hear about are the numerous cases that happen in someone’s own home while they are entertaining friends and family. And these cases can get personal. Part of the reason is that medical insurance companies demand they are compensated for medical bills related to an injury that was the result of someone else’s negligence. So, for example, if your sister trips and falls down broken stairs at your house, has to go to the hospital, and writes on the medical report that the accident happened at your house, her medical insurance company may force her to recover the cost of her medical bills from you, even if she doesn’t want to sue you! Unfortunately, these types of cases can rip families and friendships apart. Whether You’re the One Injured, or Someone is Injured on Your Property, You Should Always Speak with a Baton Rouge Personal Injury Attorney to Find Out Your Rights If you’re injured on another person’s or company’s property, or someone is injured at your house, you should always speak with a personal injury attorney like myself for a consultation. It’s a way to protect you and your interests, no matter which side of the fence you are on. If you need to speak to someone about a potential premise liability case, call me today at (225) 963-9638 or click here to contact us about a free consultation.

Personal Injury

What should I do immediately after a car accident?

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What Should I Do Immediately After A Car Accident? Every year, Baton Rouge drivers are in thousands of car accidents – from minor fender benders to the serious injury auto wrecks and big rig accidents. Some Louisiana drivers think that if there’s just a few scratches or dings on their car, the only thing they need to do is exchange contact information with the other driver and report the auto wreck to their auto insurance company. Other Louisiana drivers think if they’re feeling pain after a car wreck, but think they can suffer through it, there’s no need to see a doctor immediately. As an experienced Baton Rouge personal injury attorney, I’m here to tell you that both of these assumptions are wrong. Your Safety Comes First If you’re in an auto accident, the first thing you should do is think of your and your passengers’ safety. If you or someone in your vehicle was seriously injured, call 911 for an ambulance right away. If you’re able to move and exit your vehicle to talk to the other driver, only do so if the surrounding conditions are safe. If not and your vehicle is still driveable, pull over to the side of the road as quickly as possible, then meet the other driver to make sure he or she is okay. Never Admit Fault For A Baton Rouge Car Accident When you speak with the other driver, don’t say you’re sorry or admit fault for the accident – even if you think you were to blame. Instead, check to make sure the other driver and his or her passengers are safe, and call for an ambulance if necessary. Then, notify the other driver that you will be calling 911 so that the police or state troopers can take down a police report. Yes – you read that correctly. No matter how minor you think an accident may be, you always need to get a police report. If You’re In Any Car Accident, Always Get A Police Report Why do you always need a police report? Well, the thing is that while you’re an honest person, only wanting to get your vehicle repaired and medical expenses paid, not everyone else is. Some drivers, especially those who know they are at fault, will lie to auto insurance companies about what happened in the wreck, hoping that you’ll be found partially, if not totally, at fault. Because Louisiana is a comparative negligence state – meaning that each driver involved in a car accident is assigned a percentage of fault for the accident – if you are found to be even only partially at fault, you could be forced to pay expensive insurance deductibles or other damages, and lose out on thousands of dollars owed to you for your own auto repair and medical expenses. Police, however, are experienced at surveying an accident scene, interviewing drivers and witnesses and documenting what happened. When you talk to the police, be honest about what occurred. And if you think you’ve sustained any injury, tell them immediately and go to the emergency room as soon as possible. Provide the ER doctor with your police report number so they can include it in your medical records – something the insurance companies will need in order to pay your expensive medical bills. If You’re Injured In An Auto Wreck, Always Call A Personal Injury Attorney Before You Call The Insurance Companies Some people think that as soon as they are able to, they should call the involved parties’ auto insurance companies. But if you were injured in a car accident and also know the first call you make, besides calling 911, should be to an experienced personal injury attorney. This is because auto insurance companies, no matter how polite or helpful they may seem, are in the business of making millions and millions of dollars. And their goal is to pay you as little as possible – no matter how severely you are injured. Insurance companies – even the insurance company that you pay and is supposed to represent you – will try to get you to make a recorded statement about the accident. Don’t do it! The insurance companies are really just trying to “catch” you on tape saying something inconsistent, or misstating what happened in the accident so that they don’t have to pay you the damages you actually deserve. When you work with a Baton Rouge personal injury attorney like me, you’ll be assisted every step of the way through the auto insurance reporting process. I’ll interview you as soon as you are stable, understand what happened in the accident, and together we will fight for the auto insurance companies for the full damages you deserve. Don’t face auto insurance companies alone. If you’ve been injured in a car wreck, call RM Legal at (225) 963-9638 so I can put my training as a Baton Rouge personal injury lawyer to work for you.

Personal Injury

What do you charge for a Personal Injury case?

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What Do You Charge For A Personal Injury Case? One of the most common questions I get from people who’ve been hurt in car wrecks is, “What do you charge?” It’s easy to understand why. Many people have a preconceived notion that working with a lawyer will be expensive, and that there will be several fees to pay up front. That’s simply not the case. In the world of personal injury, there is usually no attorney fee unless you win. While the actual fee can vary, we typically charge a rate of 33% if your case settles before trial and 40% if your case goes to trial. If you work with our law firm, you’re guaranteed to make more money than your attorney, so that you can pay your medical bills, make up for lost wages, pay for your vehicle repair or a new vehicle, as well as be properly compensated for your pain and suffering. Why Is There A Difference In Fees Between Trials That Settle And Trials That Go To Court? In the real world, the legal industry is much more different than how it is portrayed on TV, where every lawyer and every case makes it to a courtroom. In actuality, most lawsuits are settled before they ever make it to a jury. When you’re injured in a Baton Rouge car wreck because of another careless driver’s actions, it’s in that driver’s insurance company’s best interest to settle out of court – so they can avoid the costs of using their expensive attorneys to work on your case. Because going to trial is so expensive for insurance companies, many of them will try to settle your case out of court. My job as your Baton Rouge injury attorney is to make sure they are offering you a fair deal – one that fully helps to compensate you for your damages and one that will set you up for a better future – especially if you’ve suffered injuries that you’ll be incurred for several years or the rest of your life. However, the insurance companies don’t care about your medical bills, lost wages, vehicle damage or pain and suffering. They only care about paying out as little to you as possible. Because of this, sometimes they offer a settlement which, based on years of research, experience and case study, I might feel is too low for your particular situation. If this occurs, I will recommend we take the extra step of going to trial, which will involve a lot more work in terms of preparing the case and witnesses, jury selection, and presenting the case before the jury. That is why I charge an extra fee for cases that go to trial. How Do I Pay My Attorney? Because my payment as a Baton Rouge personal injury attorney is based on your winnings, you pay me from the money that you get from the insurance companies. There’s no upfront fees, no hidden charges and no expectation for you to put forth a single penny until you’ve received your check from the insurance companies. If you’ve been injured in a Baton Rouge car wreck, you’re much more likely to receive fair winnings if you’re represented by an experienced personal injury attorney like myself. Call me today for a free consultation at (225) 963-9638.

Personal Injury

What is a Settlement?

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What Is A Settlement? If you’ve been injured in a car accident, or sustained damages to your vehicle because of another Baton Rouge driver’s careless actions, the at-fault party’s insurance company may be offering you a settlement. This offer, which may appear to be a large amount of money, may look extremely attractive at first. After all, you’ve got medical bills to pay and a vehicle to repair. How else are you supposed to pay for these expenses without accepting the settlement? When you choose to accept an insurance company’s settlement, you’ll be asked to sign a lot of documents. The fine print in these documents can be damaging for you. These settlement agreements, which are legally binding once you sign them, will prevent you from recovering any further money for vehicle damages, medical expenses and pain and suffering. As a Baton Rouge personal injury attorney, I must advise you against accepting what we in the industry often call “quick settlements.” These “deals” are typically offered soon after your car accident before you may know the full extent of your vehicle damages and medical expenses, not to mention how injuries from a car accident may affect your everyday life or your ability to perform the job you used to do before you were in the Baton Rouge car accident. In fact, from all my experience in practicing personal injury law in the states of Louisiana and Texas, I must say that if you’re the victim of a car accident, you shouldn’t be talking to the insurance companies at all without the representation of a reputable personal injury attorney. Automobile insurance companies aren’t in the business of helping you; they’re in the business of making money. So, when they see an opportunity to cut corners and offer you less money than you really deserve, they’ll do any and everything in their power to try to get you to sign those settlement documents – quickly. The adjuster for the at-fault party’s insurance company may seem like an honest, friendly person, but make no mistake, that person’s job is to pay you as little in monetary damages as possible. If you’re in a Baton Rouge car accident, as a personal injury attorney, my recommendation is that you first call 911. Even if the accident initially appears minor or you don’t think you or anyone else is injured, you may discover a day or two later that you’re in pain. Getting a police report of the incidents that led to the accident is the best way to document what happened. My next recommendation is that you call a personal injury attorney. I know the insurance companies will say that you should call them immediately. But remember, they’re in the business of making money – and paying you as little as possible for your damages, medical bills and pain and suffering. Personal injury attorneys like myself have the legal training and experience to review settlement offers, and fight for all the monetary damages you deserve. If you’ve been in a Baton Rouge car wreck, don’t accept the first settlement you’re offered.Call me for a free consultation of your case at (225) 963-9638.

Personal Injury

If two people were injured in the same accident, can they use the same lawyer?

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If Two People Were Injured In The Same Accident, Can They Use The Same Lawyer? This situation happens in Baton Rouge all the time. Two or more people, say you and a family member or friend, are driving around town, and are injured in a car accident. You have medical bills, lost wages, and want to be compensated for your pain and suffering. You know you need a personal injury lawyer to help you with your case, but you’re wondering, can you both use the same lawyer? The answer depends on who was at fault for the accident, and whether or not there are enough funds available to pay for all parties’ injuries. Let me explain a bit further. A Driver And Passenger(S) Can’t Use The Same Baton Rouge Personal Injury Attorney If The Driver Was Partially At Fault. Let’s say you were a passenger in a car accident. Clearly, you’re not at fault at all – you weren’t in control of any of the vehicles involved. But, your family member or friend who was driving was in control of his or her vehicle. And because Louisiana is a comparative negligence state, the car insurance companies may try to say your driver was partially at fault for the accident – even if the other driver was mainly at fault. This could be the case if your family member or friend who was driving was going slightly over the speed limit, didn’t use a turn signal, was texting while driving, etc. If you were a passenger in a car with a driver who is partially at fault for the accident, even only 10 or 20%, you may be able to recover that portion of your damages from your driver’s car insurance company. Clearly, as a Baton Rouge personal injury attorney, I can’t help a passenger sue a driver that I also represent. In this case, the driver and the passenger would need to get different attorneys. Personal Injury Attorneys Can’t Represent Two Or More Seriously Injured People If There Are Limited Insurance Funds In the state of Louisiana, motorists are required to carry a minimum $15,000 of bodily injury liability coverage per person, with at least $30,000 per accident. That seems like a lot of money, until you factor in just how much medical bills, lost wages and pain and suffering can be in a serious car accident. First, it’s important to know that for the most part, case law has determined what each type of injury is “worth.” For example, if you and your fellow passenger require a one level cervical fusion after a car accident, both of your pain and suffering claims can be worth anywhere between $100,000 to $150,000. But if the driver at fault only carries the minimum amount of insurance required by Louisiana law, and doesn’t have supplemental umbrella insurance, or you don’t have sufficient under insured motorist coverage, there isn’t enough money to go around. I would be put in a situation in which I’m fighting for more money for one client, and less for another – which is clearly unethical. In this case, both injured parties would need to use two different personal injury attorneys. Call Me If You’re Injured In A Baton Rouge Car Wreck Car accident cases can be complicated. If you were injured in a Baton Rouge car accident, and you have questions about what to do next, call RM Legal to schedule a free consultation. You can call us today at (225) 963-9638.

Personal Injury

Do I Have to Use the Body Shop the Insurance Company Wants me to Use?

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Do I Have To Use The Body Shop The Insurance Company Wants Me To Use? If you’re in a car wreck in Louisiana, and have damages to your car, the insurance company of the at-fault party may be telling you to go to a specific body shop that they contract with, saying that you’ll get “preferred service” through them. But what if you already know of a reputable body shop that you’d like to go to? You might be wondering if you can choose the body shop or do you have to go to the body shop the auto insurance company is recommending? The answer is you can choose the body shop. As a victim of a car wreck in Louisiana, you have the ability to choose who you want to work on your vehicle and restore it to the condition that it was in before you were hit. And, no matter what the auto insurance companies may be telling you, the at-fault party is responsible for paying for the full cost of your repairs. Let’s say you’re the victim of a car accident in Baton Rouge and your car is significantly damaged, but not totaled. The at-fault party’s auto insurance company may be telling you that you need to take your car to a particular body shop that the insurance company works with. But, perhaps you have a car shop that you have dealt with in the past or that is recommended to you someone you trust. Why should you be forced to have your vehicle repaired at a sub-standard auto body shop that might cut corners to keep their client, the insurance company, happy. The truth is, when you work with a Baton Rouge personal injury attorney like myself after becoming the victim of a car wreck, I’ll help you fight the insurance companies so that you can take your car to a body shop that you have confidence in. Many people who are victims of car accidents don’t realize that when they have damages to their cars, they can refuse taking their car to the “preferred” body shop and instead request that an insurance adjuster from the at-fault party’s insurance company come out to perform an estimate on the car. But, don’t sign away for the check they’re offering you just yet. As trained as insurance adjusters may be, they’re not vehicle repair experts and they can’t always know the total cost of what it will take to restore your car to the condition that it was in before your Baton Rouge car wreck. Sometimes the full extent of the damages is now known until damaged parts are removed and additional damage is found underneath. As a personal injury attorney, I recommend that all my Baton Rouge car wreck clients pick a body shop that they have confidence in and get an independent estimate before having work performed. This way, you have a professional body shop’s opinion on how much it will take to repair your car. If the insurance company disagrees with this written estimate, then we can take them to court to get the total amount of money that you deserve to repair your vehicle. If you’ve been in a Baton Rouge car accident, don’t fight the insurance companies alone. Call RM Legal today at (225) 963-9638 or you can click here for a free consultation, today.

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