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Personal Injury

Personal Injury

What You Need to Know About Worker’s Compensation in Louisiana.

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What You Need To Know About Worker’s Compensation In Louisiana. Worker’s compensation is a form of insurance and legal remedy that allows an employee that suffered a work-related injury to claim certain benefits in exchange for relinquishing their right to sue the employer for negligence. Under Louisiana state law, employers are required to have worker’s compensation insurance or would have to be approved to self-insure. And generally, an employee who is injured in the workplace, or performing their official duties on behalf of the employer, is eligible for worker’s compensation without regard to who is at fault for the injury. What Are The Elements Of A Valid Worker’s Compensation Claim In Louisiana? The injured employee does not have to prove that the employer was at fault for their injury, they need to show that the injury has occurred while performing their job; and An employee-employer relationship existed when the injury occurred. What Type Of Employees Are Covered By Worker’s Compensation In Louisiana At The Time Of Their Employment? Generally, full-time, part-time, and seasonal employees are covered by worker’s compensation when they commence their employment. Certain independent contractors or subcontractors may also be considered as employees under worker’s compensation if they are involved in certain activities, including: Pursuit of the employer’s trade, business, or occupation, or The contractor or subcontractor is performing substantial manual labor The following types of employees are exempt from worker’s compensation benefits: Domestic employees; Real estate salespersons; Officers and Directors of specific non-profit organizations and are uncompensated for their services; Public officials; and Volunteer workers. What Benefits Can Be Recovered Under A Worker’s Compensation Claim? Under the Louisiana Revised Statutes 23:1221, numerous types of disability benefits can be recovered under a worker’s compensation claim. These benefits include, but are not limited to: ¿Qué Tipo De Lesiones No Son Recuperables En Virtud De Un Reclamo De Indemnización Laboral? Temporary Total Disability Benefits Permanent Total Disability Benefits Supplemental Earnings Benefits Permanent Partial Disability Benefits Medical Expenses / Care for the Injury Indemnity Wage Benefits Vocational Rehabilitation Services Death Benefits What Type Of Injuries Are Not Recoverable Under A Worker’s Compensation Claim? However, not all injuries can be recovered in a worker’s compensation claim. Some of these claims include: Emotional Distress Mental Anguish Pain & Suffering Claims Loss of Enjoyment of Life Are There Any Time Limits In Reporting The Injury To The Employer? Yes, there is. Generally, the injured worker must report their injuries or the accident to their employer within 30 days of the injury or accident. Otherwise, the employee’s right to a worker’s compensation claim may expire. Is There Any Time Limit To Filing A Worker’s Compensation Claim? Yes, there is. Generally, the injured employee, or someone acting on their behalf, must file the appropriate worker’s compensation claim within one year of the injury or accident. However, it is essential to note that specific benefit claims have different time limits depending on whether other benefits have been paid to the injured worker. The one-year deadline may be extended in certain situations where the employer allowed the employee to work in a reduced capacity following the injury. Medical Benefits Under Louisiana law, a worker has one year from the date of the accident to file a claim for medical benefits if no medical benefits have been paid. However, if an employee has been paid medical benefits, they have three years from the last payment date to file their claim for additional medical treatment benefits. Lost Wage Benefits For lost wage benefits, otherwise known as indemnity, the injured worker generally has one year from the date of the injury or accident to file a claim for this type of benefit. Temporary Total Disability (TTD) / Permanent Partial Disability (PPD) / Permanent Total Disability (PTD) Benefits Suppose the injured employee has been paid any benefit, including medical or indemnity. In that case, they have one year from the date of the last payment of the benefit to seek additional benefits for either a Temporary Total Disability (TTD) or Permanent Partial Disability (PPD) or Permanent Total Disability (PTD) Benefits. However, if the injured worker has not been paid any benefits, then the injured worker has one year from the date of the injury or accident to file a claim for these types of benefits. Supplemental Earnings Benefits Time restrictions for filing supplemental earning benefits can be a little tricky. If there are no previous lost wages benefits that have been paid to the injured worker, then they have one year from the date of the accident or injury to file their claim. However, if the injured worker has received either a PPD or TTD or PTD, or any other forms of lost wage benefits, then they have one year from the date of the last payment to file for supplemental earning benefits. This time can also be extended if the employer accommodated the worker’s injury by allowing them to work in a reduced capacity. Suppose the injured worker has been previously paid a supplemental earning benefit (SEB). In that case, they have two years from the last payment date to file for additional SEB benefits, provided that they had not received SEB benefits for 13 consecutive weeks during the two-year period. Failure to take legal action before the time limits mentioned above renders the employee ineligible to make a further legal claim for worker’s compensation benefit for that specific work-related injury or accident. However, it is important to note that time limits in filing a worker’s compensation claim do not apply to a minor child or a mentally incompetent person unless a curator has been appointed for the minor child or mentally incompetent injured worker. Specifically, a parent or guardian that is authorized to act on behalf of the minor child or incompetent worker or lives with them is not automatically assumed to be the curator. Rather, a parent or guardian must be formally appointed as the minor child or incompetent worker’s curator for the time limit to apply. Getting

Personal Injury

Slip and Fall and Other Premises Liability Claims in Louisiana

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Slip And Fall And Other Premises Liability Claims In Louisiana Slip and fall or premise liability accidents are some of the most common personal injury claims. These types of cases stem from when a party is injured or damaged on a property owner’s premises. However, these types of claims can be very challenging personal injury cases to handle due to the complexities in proving the elements necessary to win. What Are The Challenges To Proving The Elements To A Slip And Fall Or Premise Liability Case In Louisiana? To have a valid slip and fall or premise liability claim against a property owner, the injured party must prove the following elements: the property presented an unreasonable and foreseeable risk of harm; the property owner is aware or should have been aware of the unsafe condition on their property; and the property owner failed to use reasonable care. Each of these challenges are discussed below: – Property Presented An Unreasonable And Foreseeable Risk Of Harm Here, the injured party must show that the unsafe conditions of the owner’s property presented an unreasonable and foreseeable risk of harm. Common examples of such risks are water or other liquids left on the floor, holes or other hazards on a property, or merchandise or items placed improperly in a store.  However, just proving the unreasonable condition existed is not enough.  If the injured party should have been aware of the dangerous condition, he or she will likely have a difficult time winning. The legal phrase to consider in assessing whether the property presents an unsafe condition is “open and obvious.”  While a puddle of water in the middle of a grocery aisle may present an unreasonable risk of harm, if it was easily visible, a customer in the store has a responsibility to avoid stepping in it.  This presents a special challenge in handling premises liability claims in that the plaintiff has to prove that the dangerous condition existed, the property owner knew or should have known about the condition, but there was no reason the injured party should have known about it. – Property Owner Created Or Knew Of The Unsafe Condition Of The Property In this element, the injured party must show that the property owner is aware or should have been aware of the unsafe condition of their property.  Under the principle of constructive notice as outlined in Louisiana Civil Code, Articles 2317.1 and 2322, a property owner is liable for damages and injuries caused by the property’s unsafe conditions or defects only if the injured party can show that the property owner is aware or should have known about their property’s hazardous condition through the exercise of reasonable care.  The challenge to this element for the injured party is that a property owner cannot be held liable simply because someone was injured on their property due to a dangerous or unsafe condition on the property. Rather, the injured party must successfully prove that there was a reasonable expectation that the property owner was aware or should have been aware of the unsafe condition of their property. – Property Owner Failed To Use Reasonable Care In addition, the injured party must also show that the property owner failed to take the necessary steps to discover and fix the hazardous condition of their property.  The property owner can be held liable for injuries and damages to its property if it is aware or should have been aware of the property’s unsafe condition through the practice of reasonable care.  Going back to the example of a spill in a grocery store, if the spill was caused by another customer and had been on the ground for only a few minutes, the store owner will likely not be liable.  However, if the spill had been on the floor for more than an hour, and the store was not taking any action to routinely check the condition of its aisles and clean up spills, it will be easier to prove negligence on the part of the store. How Does Comparative Negligence Present A Challenge In A Slip And Fall Or Premise Liability Claim In Louisiana? Under the Louisiana Civil Code Article 2323, comparative negligence applies in a slip and fall or a premise liability claim. This legal concept mandates that the injured party’s fault can reduce a compensation award for the accident incurred on the property owner’s premises if the injured party caused or contributed in someway to his or her injuries.  Some of the ways that an injured party could be partially at fault in a premise liability or slip and fall case could be: If the injured party was participating in an activity that would have prevented them from seeing or observing the apparent hazardous condition on the property. If the injured party was illegally trespassing on the property. If the injured party had no reason to be in the premise of a dangerous area. If the injured party purposely ignored obvious and posted warnings about the property’s condition or did not utilize safety measures to prevent an accident. There Must Have Been Actual Injuries. As with all injury claims in Louisiana, proving negligence on another party is not enough.  The plaintiff also has to prove that he or she was actually injured a result of the other party’s negligence.  The nature and severity of the injury will also affect the value of the claim.  You can suffer a fall on property owner’s premises but if your only injury is a bruise on the arm, your case will likely have a far lower recovery value than someone who suffers an injury that requires surgery or extensive medical treatment.  Thus, a thorough medical and property evaluation must be conducted on the injured person as soon as the injury or accident has occurred, even if the damage or injury appears to be minor. Being a party to a slip and fall or a premise liability case poses severe financial and medical consequences. Even a

Personal Injury

Medical Treatment After an Accident

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Medical Treatment After An Accident Getting involved in an accident is a serious matter that often requires medical attention. At the very least, it must involve a medical check-up to ensure that the incident did not cause other damages. In an accident, medical issues are not limited to physical impairments. Instead, emotional or psychological injuries caused by accidents are valid claims for damages similar to physical trauma. Thus, it is crucial to ensure that all physical and psychological injuries are assessed and attended to by the proper medical health professional. When Do I Need To See A Doctor? Depending on the severity of their injuries, some people may need immediate emergency medical attention to attend to their severe trauma caused by the accident. However, if no physical or psychological trauma is apparent, a person involved in a car accident should generally get checked by a medical professional within 72 hours. However, it is also essential to understand that some physical and psychological injuries might not be discernible even to a medical professional within 72 hours. Thus, it is vital to keep a detailed log of any symptoms you may have since the time of the accident, even after seeing a medical professional for an evaluation. Moreover, if you are experiencing any of the symptoms below, do not wait to see a medical professional. You should call 911 and get immediate medical attention: Severe pain in any part of your body Shortness of breath Weakness Dizziness, or blacking out Profuse bleeding Deep lacerations Broken bones Head injury Neck or back injury Loss of consciousness, or Confusion What Kind Of Doctor Or Medical Professional Should I See Regarding My Injuries? The kind of doctor or medical attention you should seek dramatically depends on the type of injury you sustained. Note that although some of the injuries are obvious, there are also a lot of injuries that are not easily observed or physical in nature. Therefore, it is essential to seek medical attention after the accident and seek follow-up medical evaluation if new symptoms arise or your condition worsens even after your initial medical consultation. After your accident, the first medical professional you can reach out to is your family doctor or a general practitioner. If you do not have a family doctor, or you prefer to go to a hospital, an emergency room physician can also conduct a medical evaluation and provide a medical referral to the appropriate health professional to ensure that your injuries are diagnosed, treated, and documented. However, emergency room physicians will often leave it up to you to determine if you need additional treatment based on whether your injuries get better quickly or continue to cause you pain. Depending on the nature of your injuries, some of the medical and health professional you might be referred to by your family doctor, general practitioner, or emergency room physical includes, but not limited to, the following: Radiologists conduct and evaluate x-rays, CAT scans, MRIs, and other imaging reports needed to diagnose any further internal injuries a patient may be suffering from. Trauma Surgeons specialize in performing emergency surgeries on patients suffering from critical injuries. Orthopedic Surgeons are focused on attending and treating bones, joints, ligaments, tendons, and muscle injuries. Neurologists or Neurosurgeons are specialists in diagnosing and treating brain, spinal cord, peripheral nerves, and muscle injuries. Burn Specialists are dedicated to treating burn patients. Plastic Surgeons are medical professionals that perform reconstructive surgery on their patients. Oral and Maxillofacial Surgeons are specialists that perform facial trauma surgery, reconstructive surgery of the face, oral cavity, head and neck, mouth, and jaws. Oral surgeons can also perform simple and complex tooth extractions. Chiropractors conduct spinal manipulations to provide relief to their patient’s joint and muscle pains. Psychiatrists specialize in assessing and treating mental and physical aspects of psychological traumas. These medical professionals can diagnose and help treat any mental traumas you may be suffering due to the accident. Other Specialists for Internal Injuries. Depending on the evaluation of your family doctor, general practitioner, or emergency room physician, along with any symptoms you may be suffering from, you may be referred to other specialists to diagnose and treat any other medical issues you may have incurred. This list does not include all of the health and medical professionals you may need to consult with to ensure that any injuries you sustained from the accident are diagnosed, treated, and documented. It is also extremely important to keep working with your health professional to ensure your treatment is adequately assessed and working. Moreover, it is crucial to keep your legal representation in the loop with any medical diagnosis, treatment, symptoms, or evaluation to ensure that all are properly documented and included in your damages claim against the other party. Who Is Responsible For My Medical Bills? Generally, your health insurance, or if applicable, your automobile insurance, will cover the medical expenses incurred due to the automobile accident. However, if the other party is found at fault, they will ultimately be responsible for the costs associated with all the injuries you sustained from the accident. However, the other party’s insurance often will not pay until the lawsuit has been resolved. Thus, it is essential to understand that until the case is over, any medical-related costs associated with your injuries would be charged to your health insurance coverage or your automobile insurance, if applicable. If you or your loved one has been involved in an accident that required medical attention, you need reliable legal representation who will vigorously represent your interests. Our highly experienced personal injury lawyers are prepared to guide and help you in your case. Please call us at (225) 963-9638, or you can click here to contact us about a consultation. Our dependable personal injury lawyers can help you assess your case, represent your claim, and answer any concerns you may have regarding your rights in your accident claim.

Personal Injury

Will a Mediation Settle My Car Accident Case?

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Will A Mediation Settle My Car Accident Case? Under the Louisiana Mediation Act, civil lawsuits are encouraged to be settled using the mediation process. One type of civil lawsuit that is often resolved through mediation is a personal injury case. The mediation process is geared towards the parties resolving their issues without appearing in court. Thus, in general, resolution through mediation is much faster, easier, and economical than litigating a lawsuit in court. What Is Mediation? The American Bar Association defines mediation as “a private process where a neutral third person helps the parties discuss and try to resolve a dispute.” In this process, a mediator, the independent 3rd party assisting the parties to a lawsuit, helps narrow the issues in a case to determine what points the parties are really in disagreement about. This process heavily involves negotiation and communication to work on a single goal for both parties to reach a comfortable settlement. Who Acts As A Mediator? As noted above, the mediator is an independent 3rd party individual that acts as an intermediary for both parties. Although a mediator is neutral, it does not mean that they are unknown to the parties to the lawsuit. The parties must agree on the mediator to use for their case. Generally, retired judges or private attorneys who specifically practice mediation law serve as mediators in lawsuits. In Louisiana, the qualifications of a civil mediator are stated in La. R.S. 9:4106, which includes that: A person must have completed a minimum of forty classroom hours of training in a mediator course approved by the MCLE Committee or the ADR Section, and must be licensed to practice law in any state for not less than five years; or A person, if not licensed to practice law, must have completed a minimum of forty classroom hours of training in a mediator course approved by the MCLE Committee or the ADR Section, and must have mediated more than twenty-five disputes or must have engaged in more than five hundred hours of dispute resolutions; If a person served as a Louisiana district, appellate, or supreme court judge for at least ten years, they do not have to meet the previous conditions but must no longer be serving as a judge to qualify as a mediator. Who Pays For The Mediation? The cost of mediation, which generally includes the salary of the mediator, rental of the space used during mediation, or any other expenses related to the mediation process, is typically equally divided between the parties. However, it is not uncommon for payment of the mediator’s fee to be one of the last items negotiated during a mediation. What Is The Mediation Process In A Personal Injury Case? Unlike a court trial, mediation is not about convincing a jury, judge, or a mediator to rule in your favor. Instead, the goal of the mediation process is for both parties to reach a comfortable settlement through the help of a mediator. Generally, the mediator will place each party in a separate room. During the process, the mediator spends time with each party to discuss the case. The mediator will then have to move back and forth between the rooms to address any developments or propose a resolution based on their assessment of where the parties are at with their position in the case. However, there are also situations where a mediator might feel that they need to get all the parties together in one room for a joint session. During this event, the mediator will address each party and engage them in a productive discussion to reach a resolution. Does Mediation Replace A Court Trial? The short answer is it can.. Mediation is meant to resolve issues, which in a personal injury case means a settlement is reached that is agreeable to both parties. This means that if a lawsuit is resolved through mediation, the case would be considered settled and the agreement’s terms reached through mediation are honored. No trial would be necessary. Can A Party Still Pursue A Court Action If Mediation Was Not Successful? Yes, you may still pursue court action if mediation is unsuccessful. The ultimate goal of the mediation is to settle the lawsuit. However, there are situations when mediation cannot resolve the issues in a case, and the parties cannot settle. In these situations, the parties to the lawsuit can pursue litigation in court to resolve the issues in their case. Generally, the parties to a lawsuit do not forfeit their rights to bring their lawsuit to court if they elect to pursue mediation. So, a court action is still available to the parties if the mediation process did not work in their case. However, if the mediation is successful and both parties to the lawsuit are able to reach a settlement, the court will deem the case resolved and will not rule on any issue pertaining to the legal action. Can Matters Discussed During Mediation Be Used In Litigation? Generally, no. Mediations are private and confidential. Unless the matters discussed during the mediation proceeding fall under the statutory exceptions, the information provided during the process cannot be used in subsequent litigation. Some of the statutory exceptions include: When disclosure is necessary for criminal prosecution; When essential to prove coercion or fraud that led to the lawsuit; To establish the existence or terms of the settlement; and When necessary to impose sanction or discipline counsel in connection to the mediation process. If you or your loved one is a party to a personal injury case, you need reliable legal representation to advocate for your interests. Our highly experienced personal injury lawyers are prepared to guide and help you in your case. Please call us at (225) 963-9638, or you can click here to contact us about a free consultation. Our dependable personal injury lawyers can help you assess your case, represent your interests, and answer any concerns you may have regarding your rights in your accident claim. We can also

Personal Injury

Will My Car Wreck Case go to Court?

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Will My Car Wreck Case Go To Court? Getting involved in a car accident involves a lot of aspects that usually boils down to a lawsuit. In this lawsuit, a determination of guilt and compensation for the damages incurred by the victim are settled. Typically, when a lawsuit is discussed, a trial by court comes to mind where the image of a judge presides in a trial as lawyers from each side of the courtroom argue on the merits of the case in hopes to convince the jury to side with their respective clients. Anticlimactic as it may, most trials, specifically civil lawsuits including automobile cases, are settled outside the courtroom. Will My Automobile Accident Case Go To Trial? Perhaps, but probably not. However, as noted above, an overwhelming majority of civil lawsuits, including automobile accident lawsuits, do not go to trial. Instead, most automobile accident cases are settled between the parties outside of the courtroom. According to the American Judges Association, as many as 97% of civil lawsuits are settled other than by a trial. This means that most civil lawsuits, including automobile accident cases, are resolved between the parties and without much court interference. This statistic is not surprising, especially in Louisiana, since there is a strong push from the legislation for parties to settle civil lawsuits without as much court interaction as possible. One of these laws is the Louisiana Mediation Act, which explicitly states that civil cases are encouraged to be settled under the mediation process. Why Would I Want To Settle Than Go To Trial For My Automobile Accident Lawsuit? There are many advantages to settling a lawsuit out of court than going to trial. Some of the benefits include, but are not limited to: Working on a settlement between the parties outside of court typically takes less time than going to trial. On average, settlements take three to six months to reach an amicable settlement amount, while a trial may take at least twice the amount of time. Thus, settlement is less stressful and costs less as your attorney would not take as much time to resolve the case than if they go to trial. Other than a mediator, a settlement negotiation does not involve other parties outside of the case. More so, no other party, not even the mediator, has to be convinced by either party to take their side. Thus, the settlement negotiation is strictly focused on finding a resolution that would appeal to both parties making it less stressful and contentious to everybody involved. You have more autonomy and authority when it comes to the settlement negotiations than when they go to trial in court. After all, it is based on your decision whether to accept, counter, or reject a settlement offer. Whereas if a lawsuit goes to trial, the judge or the jury becomes the authority to determine how much the compensation is. You cannot appeal or reject the number specified in the trial. Thus, there are solid arguments for parties to engage in settling their automobile accident lawsuit without having to try their case in front of the judge or jury. However, settlement in an automobile accident is not always the best route. There are also certain instances when going to court is better than further negotiating with the other party. Your lawyer can assist you in determining whether it is best to settle out of court or go to trial based on the circumstances of your case. Would I Get More If I Settle Or Go To Trial For My Automobile Accident Lawsuit? It varies greatly on the factors of the case. As with any lawsuit, it is not guaranteed that going to trial or a settlement would render higher returns. Generally, trial by court tends to involve more risks as you do not know how the jury or judge may interpret the evidence or the witnesses. However, this generalization is not absolute, as many other factors may affect the viability of your case. Nonetheless, your lawyer can help assess the risks involved in agreeing to a settlement or to go to trial as the case develops. Moreover, patience and preparations are essential to possibly getting the maximum settlement value for your automobile accident claim. After all, it is not uncommon for parties to reach an amicable settlement closer to the trial date as lawyers assess the risks of going to trial. Should I Still Prepare As If I Am Going To Trial For My Automobile Accident Case? Absolutely. Both parties need to be prepared to go to trial even if there is an active negotiation regarding the settlement of the automobile accident lawsuit. Although an amicable settlement between the parties is the priority for any civil litigation, including automobile accident claims, it is essential for parties to prepare for a possible trial. This is to avoid any unnecessary loss of time if a settlement is not reached. Moreover, during the trial preparation, lawyers can assess the development of their case and claims. As noted above, it is also not unheard of that a higher value of a settlement amount can be reached closer to the trial than during the initial negotiations. This is because lawyers for both parties can better assess the evidence, arguments, or any legal factor that may affect their analysis of the odds of their case. However, it is imperative to note that if your automobile accident lawsuit goes to trial, any information provided and discussed during the negotiations is not admissible and cannot be used as leverage against the other party. If you or your loved one has been involved in an automobile accident, you need reliable legal representation to fight for your rights. Our highly experienced personal injury lawyers are prepared to guide and help you in your case. Please call us at (225) 963-9638, or you can click here to contact us about a free consultation. Our dependable personal injury lawyers can help you assess your case, represent your claim,

Personal Injury

Why Should I get an MRI After a Back Injury?

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Why Should I Get An MRI After A Back Injury? Being involved in a car accident is a serious matter. Although it might not be evident at the outset, or even a few hours or days after the crash, being involved in an accident may have caused severe injury to your body. These serious physical injuries can include brain trauma, neck, back, or other limb injuries. Sometimes, pain or discomfort from these injuries are subtle and easily dismissed, given that it is common to experience these types of pain associated with a car accident. However, these injuries should be taken seriously even though they are deemed common car accident effects. Given the risk for internal injuries and possible life-long discomfort and pain caused by a back injury, it is vital to get a Magnetic Resonance Imaging (MRI) after an accident to ensure that it is properly documented and is a valid part of your claim. What Is An MRI? An MRI or a Magnetic Resonance Imaging is a non-invasive diagnostic tool that creates images of internal tissues and organs through radio waves and magnetic fields. An MRI can reveal issues that cannot be seen by other types of imaging methods such as X-Rays, CT scans, and ultrasounds. Moreover, an MRI can determine the extent of injuries to the spinal cord, brain, and head, internal organs, back, neck, and muscles or tissues. Is An MRI Safe And Painless? Yes, an MRI is a safe procedure, and it is generally painless. Unlike other imaging scans, an MRI does not use ionizing radiation that damages cells, so it is generally safe and painless. This medical imaging procedure typically takes 15 to 90 minutes, and it involves the patient being inserted into an MRI scanner while lying on a motorized bed. However, given that an MRI scanner is a cylindrical chamber, and the procedure requires that the patient is still while the images are being taken, some people might find the process uncomfortable or claustrophobic. Nonetheless, the MRI procedure can provide valuable information. Overall, an MRI is a safe medical procedure for the general public. However, it is essential to let the medical professional know of your complete medical history and symptoms to ensure that you are fit to go through an MRI. What Can An MRI Reveal? Since an MRI looks into the inner side of a person’s body, it can provide insight regarding any present internal injuries. An MRI can provide valuable information regarding internal injuries that the patient might not even be felt or detected by other tests. Generally, a lumbar MRI can detect issues on a person’s back, including: Spinal alignment issues Abnormalities of the spinal cord Damages or inflammation in a person’s spinal disc, including, but not limited to: Herniated Disc. This injury occurs when the soft center of a person’s spinal disc pushes through a crack in the outer casing. This occurrence irritates the nerve, thus causing pain, numbness, and weak sensation to a person’s back. Bulging Disc. This injury is not as severe as a herniated disc since it only affects a small portion of the disc. Nonetheless, this injury also causes pain, numbness, and weak sensation to a person’s back. Extruding Disc. This injury occurs when the outer wall of the intervertebral disc tears, thus causing the inner disc material to seep into the spinal canal. This type of injury is a severe form of disc hernia and is extremely painful. Why Should I Get An MRI After Getting Involved In A Car Accident? There are numerous important and valid reasons for getting medical attention, especially an MRI after a car accident. Some of the reasons include, but are not limited to: A medical professional can detect internal back injuries that may explain the pain or discomfort you have been experiencing. Moreover, an MRI can uncover any damages that you may not be aware of. Getting a proper diagnosis might assist in your personal injury case. Will Getting An MRI Make My Personal Injury Claim Stronger? It is possible. However, it is important to remember that an MRI result by itself cannot determine whether your case is viable or not. Nonetheless, having an MRI can increase the value of your claim if you are validly injured or if your existing back problems were exacerbated by the accident. An MRI can assist your case since having an MRI test can back up your injury claims and prevent insurance companies from claiming unfair arguments. Basically, an MRI can prove that your back injuries were caused by the accident and not existing before the incident. Moreover, it can also show if an existing injury was made worse by the accident. After all, an MRI image can clearly show the extensive damage to the spine, spinal discs, ligaments, tendons, and muscles in the neck and back. Moreover, a doctor can then recommend the proper treatment and give you a prognosis of recovery based on the results of the MRI. This information can also aid your claim when calculating damages against the insurance companies or the other party. One of the biggest reasons car accident victims hesitate to obtain an MRI after their accident is cost. This concern is understandable as an MRI typically costs between $1,250 to $5,000 in Baton Rouge, LA. This cost is pretty steep, especially for those that either do not have medical insurance or have limited medical insurance. However, this should not refrain a victim from seeking medical attention, including an MRI, given the serious repercussions of untreated injuries. If you or a loved one was involved in a car accident, you need a reputable lawyer at your disposal. Our highly experienced car accident lawyers are prepared to guide and help you in your ordeal. Please give us a call at (225) 963-9638, or you can click here to contact us for a free consultation. Our dependable car accident lawyers can help you assess your case, represent your claim, and answer any concerns you may

Personal Injury

Do Airbags Always Deploy in an Accident?

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Do Airbags Always Deploy In An Accident? In the event of a car accident, especially those involving an impact, a car’s airbag is expected to deploy to possibly save or prevent severe injuries to the vehicle’s driver and passengers. However, there are certain situations where airbags may not deploy in a car accident. In this article, you will learn some of the reasons why a car’s airbags would not deploy in the event of a car accident that includes: The Severity Of The Crash Sustained By The Vehicle Deployment of a car airbag depends on the severing of the impact of the car accident. This means that a car airbag is not meant to deploy automatically because your vehicle is involved in a crash. This is because on light to moderate impact, a seat belt is sufficient to protect the driver and the passenger, and an airbag deploying might cause more injury to the people in the vehicle. It is essential to know that an airbag may cause serious injuries or even death to a person, given the force of its deployment. Thus, an airbag is designed to only deploy in moderate to severe impact, which is equivalent to hitting a solid, fixed barrier at 8 to 14 mph or higher. In these situations, the airbag is deployed as the injury from the severity of the impact on the car would cause more harm to the person than by deploying an airbag. If claiming compensation for an injury That being said, everybody in the vehicle needs to have their seatbelt securely fastened at all times. The Type Of Collision Sustained By The Vehicle According to the National Highway Traffic Safety Administration (NHTSA), the point of the impact on the car would likely determine whether an airbag would deploy, even more than the amount of force of the impact to the vehicle itself. This phenomenon occurs because an airbag sensor would have to be triggered by the impact in order to deploy the airbag. Specifically, if the moderate to severe impact was sustained in the front area of the vehicle, then the airbag sensor would deploy the frontal airbags. However, the front sensor is not likely to be triggered, so the frontal airbags would not be deployed in the event that the impact was sustained on the side or rear area of the car or if the vehicle rolled over. However, some vehicles are equipped with side airbags, which have corresponding sensors that would trigger a side airbag deployment in the event of a moderate to severe impact on the vehicle’s side area. The Vehicle Is Equipped With Automatic Shut-Off Sensors Another reason why airbags won’t deploy is if a vehicle is equipped with advantaged frontal and/or side airbag systems that automatically detect if a person is seated or not. An issue with this type of technology is that the sensor would mistakenly determine that a person is not sitting in the driver’s passenger seat if that person is small in stature or a child. This is gravely dangerous since the sensor would not be triggered to deploy an airbag even in a moderate to severe impact since the car assumes that there is no person in that particular seat. Therefore, it is crucial to make sure that passengers, especially children, are seated in the appropriate area of the car as mandated by law. This means that children should be restrained and sit in their car seats or booster seats suited to their size and weight and in the appropriate position in the vehicle. Your Car Has Defective Components Or Installation As with any product, defects can occur in vehicles and their components. Defects can occur in numerous ways, including, but not limited to, the installation of the components, the design of the parts, or the manufacturing of the elements themselves. An airbag’s failure to deploy in a moderate to severe impact is not limited to any defects in the airbag or the sensors. Other electronic components of the vehicle can also affect the deployment of the airbag. Thus, it is crucial to keep yourself aware of any manufacturer recall pertaining to your vehicle or its parts. The Car Is Not Equipped With A Working Airbag Another possibility that an airbag would not be deployed in a car accident is if the vehicle is not equipped with an airbag or has an airbag but is either defective or nonfunctional. As noted above, an airbag itself can be defective. However, an airbag is nonfunctional if it has been previously deployed. Generally, airbags cannot be reused, so a new airbag must be installed on the vehicle to deploy in the unfortunate event of a moderate to severe impact if it has previously been deployed in another accident. Given the life-saving benefit of being in a vehicle equipped with an airbag in the event of an accident, it is imperative to make sure that your car is equipped with an active airbag, Being involved in a car accident is not a small feat. These cases tend to be complicated and time-consuming, so having a reliable lawyer specializing in car accident cases is valuable. A lawyer specializing in car accident cases can represent your interests against the appropriate parties and ensure that your rights are protected through the confines of the law. You do not need to fear or face the complexities of your car accident alone. Our firm is here to help. If you or a loved one was involved in a car accident, you need a reputable lawyer on your side. Our highly experienced car accident lawyers are here to guide and help you in your case. Please call us at (225) 963-9638 or you click here to contact us about a a consultation. Our dependable car accident lawyers can help you assess your situation, represent your claim, and answer any concerns you may have regarding your car accident.

Personal Injury

Time to File an Injury Claim in Louisiana

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Time To File An Injury Claim In Louisiana All right, today we’re going to talk about the time that you have to file a lawsuit in Louisiana. Now, we’re talking specifically about the injury lawsuit. t. There are different time limits that apply for personal injury actions like car accidents, slip and fall, things like that versus maybe a contract action where you might have a longer time for some sort of intentional tort. But today we are talking about the time to file an injury lawsuit. And the time in Louisiana is one year, that is one year from the date of the accident. Now, if you have not filed your lawsuit within one year you are more than likely prevented from ever filing your lawsuit. And a lot of people get mistaken that, well, they say, “I’ve spoken to the insurance company.” Or, “We’ve gotten a letter from the insurance company.” Or, “We’ve spoken with a lawyer.” That, none of that means that you have actually filed a lawsuit. Speaking with the insurance company does not interrupt that one year time that you have to bring your claim. Speaking with an attorney does not interrupt that one year time that you have to bring your claim. If you have been injured in an accident, if you have been in a car accident, a premises liability accident, medical malpractice, some sort of a defective product, whatever type of accident it is you need to make sure that if you believe you have a claim and if you want to pursue that claim you file that claim within one year. Now, what you should absolutely not do is wait until 364 days to go walk into a lawyer’s office. Your attorney needs time to investigate your claim, time to make sure that he or she is covering all of your causes of action, time to make sure that he or she knows who is actually the right party to be sued, where the case is supposed to be sued. Many good reasons not to wait until right before the end of the one year period before you go find an attorney. So remember, if you have been injured in an accident you have one year from the date of the accident to file your lawsuit. And you should speak with an injury tourney as soon as possible so that he or she can begin investigating your claim to help you put forth your best lawsuit. If you have been injured in an accident and you would like a free consultation, you can contact us at 225-963-9638. That’s 225-963-9638. Or you can visit us online at messerfirm.com to schedule your no cost consultation.

Personal Injury

Do I Have to Buy Rental Car Insurance?

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Do I Have To Buy Rental Car Insurance? As cities start to open after more than a year of pandemic lockdowns, tourists and travelers alike are starting to flock to the roadways with a lot of them using car rentals. If you use car rentals in Louisiana, it is essential to understand the insurance coverage requirements and protections outlined in the Louisiana Revised Statutes Title 22:1296. Under this Louisiana law, car insurance policies are required to cover rental car services availed of by the insured if the insured has at least comprehensive and collision or liability insurance coverage. Given this law, Louisiana does not mandate a renter to purchase a separate auto insurance coverage for their rental vehicles if they have an active insurance policy coverage as outlined above for their private vehicles. Is It Required That I Obtain Car Rental Insurance When Renting A Car In Louisiana? It depends. Under Louisiana law, it is not mandatory to obtain or possess car rental insurance to rent a car in Louisiana if the renter has an existing coverage for their vehicle or can present another source of comprehensive and collision or liability insurance coverage. Obtaining insurance from the car rental company is not required since your primary vehicle’s insurance policy typically transfers to your rental car as long as your car’s insurance is valid. However, if the renter does not have any insurance coverage or source of comprehensive and collision or liability insurance coverage, the renter would be required to purchase car coverage insurance from the car rental company. The rental car company is also required to verify the renter’s insurance and can be held liable if it fails to do so. Most major credit card companies provide complimentary comprehensive and collision or liability insurance coverage for rental cars if they used their card for the car rental transaction. Check with your credit card company if they have an applicable complimentary program for car rental insurance coverage. How Much Does A Car Rental Insurance Policy Cover? Typically, the car rental company’s insurance policy covers up to a one million dollar limit. However, the exact coverage can vary between providers, and it is crucial to understand the insurance policy of the car rental provider. Is It Good To Purchase Additional Car Insurance Coverage If I Already Have Insurance? It depends. There is a saying that “over insured is better than underinsured.” Although it rings some truth in certain situations, sometimes it is simply unnecessary. In order to determine whether additional car insurance coverage is worthwhile, it is essential to see if there is any overlap between the insurance coverage offered by the car rental company to your existing coverage. Some car rental insurance companies have other a la carte insurance that may cover certain circumstances that are not covered by your insurance policy. Some of these optional coverages include: Loss Damage Waiver (LDW) is technically not a coverage product. Instead, it acts as a waiver to relieve the renter of financial liability if their rental vehicle has been damaged or stolen. However, note that this waiver is voided if the accident is caused by the renter’s reckless driving or driving while intoxicated. Supplemental Liability Insurance is required by law for the car rental companies to provide state-mandated minimum liability insurance. However, the dollar amount covered and protection provided is minimal, so it is generally inadequate in the event of a severe crash. Personal Accident Insurance generally covers the driver and the passengers for any medical bills to attend to the injuries caused by the accident. Personal Effects Coverage protects individual items, including electronics and other personal things, stolen from the rental car. However, some of these incidents may be covered by other insurance you may already have, including but not limited to auto, medical, travel, credit card programs, or other applicable insurance policies. Which Insurance Policy Coverage Applies If I Am At-Fault In An Accident While Driving A Rental Car? In the unfortunate event that you got into the accident and are at-fault while driving a rental car, the coverage available to you will depend on the insurance policy coverage you have available to you. If you used your own insurance policy coverage for your private vehicle to apply on your car rental, then that insurance policy will be the primary insurance. This means that your own insurance policy coverage will be responsible for the accident you caused while driving your car rental. However, if you purchased insurance coverage through the car rental company it will serve as the primary insurance, even if this insurance is bought on top of your existing insurance coverage for your own private vehicle. Your personal insurance policy would be secondary in the event that the damages caused are in excess of the policy purchased from the rental car company. If you have been involved in a car accident in Louisiana, whether as a rental car driver, or against a rental car driver, you should speak with us. Our experienced personal injury attorneys have extensive knowledge in representing the interest of our clients in traffic accidents. Please feel free to give us a call at (225) 963-9638, or you can click here to contact us and schedule a free consultation.

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