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Personal Injury

Why Some Personal Injury Cases Don’t Settle Before Trial

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Most personal injury cases settle before ever reaching a courtroom. In fact, over 90% of civil cases resolve through negotiation. But when a case does proceed to trial, it’s often because serious disputes stand in the way of a fair settlement. At Big River Trial Attorneys in Baton Rouge, we believe clients deserve to understand why some cases just don’t settle. Here are the most common reasons a personal injury case may not resolve before trial: Contested Liability: Who’s at Fault? One of the biggest barriers to settlement is disagreement over who caused the accident. In some cases, the parties strongly disagree on who was at fault—or whether the injured person shares some blame. For example: In a car accident, both drivers may claim they had the green light. In a slip and fall case, the business may argue that the hazard was open and obvious or that the victim was distracted. Louisiana follows comparative fault rules, meaning an injured person’s recovery can be reduced if they were partly responsible. If the defendant (or their insurance company) believes the plaintiff is 50% or more at fault, they may refuse to offer a reasonable settlement. Insurance Adjusters Don’t Recognize the True Value of the Case Insurance companies are businesses—not advocates for your well-being. They often undervalue claims to protect their bottom line. Common tactics include: Offering “lowball” settlements far below what your case is worth. Ignoring non-economic damages like pain and suffering. Discounting the long-term impact of injuries. When an adjuster won’t offer fair compensation, the only remaining path may be trial. Going before a jury can level the playing field and force the insurance company to answer for their unreasonable evaluation. Disputes Over the Severity of the Injuries Another major reason cases don’t settle is disagreement over how badly someone is hurt. Insurance companies will often: Claim your injuries are “pre-existing” or unrelated to the accident. Question your need for certain medical treatments. Argue that you recovered quickly and don’t deserve ongoing compensation. These tactics are especially common when the injuries are not easily visible, such as concussions, back injuries, or soft tissue damage. If the insurer doesn’t believe your pain is real—or won’t admit how much it affects your life—settlement negotiations may break down. Lack of Witnesses or Conflicting Evidence Some cases involve a “he said, she said” scenario. If there are no neutral witnesses, or if physical evidence is lacking or contradictory, the defense may take a gamble that the jury will side with them. This uncertainty can stall negotiations, especially if the insurance company believes they have a chance at winning in court. Unreasonable Defendant or Insurance Carrier Occasionally, a case doesn’t settle simply because the other side refuses to be reasonable. This can happen when: A defendant insists they did nothing wrong, regardless of the evidence. An insurance company has a “zero settlement” policy until just before trial. The case has high stakes or potential for a large jury verdict, prompting the insurer to delay resolution. Some insurers are known for being difficult or for dragging out claims in hopes that injured people will give up. Strategic Advantage In certain situations, both sides may benefit from taking a case to trial. For the plaintiff, a trial may: Offer the chance at a higher award than any pre-trial offer. Create public accountability for dangerous behavior. Help shape future settlement negotiations by showing you’re willing to fight. Your attorney may recommend trial not out of stubbornness, but because it’s the best way to protect your rights and get the compensation you deserve. Conclusion: Trial Isn’t Failure—It’s a Path to Justice At Big River Trial Attorneys, we explore every opportunity to settle our clients’ cases fairly and quickly. But when the insurance company won’t act in good faith, we’re fully prepared to take your case to court. You deserve an advocate who isn’t afraid to stand up and fight—because your recovery is too important to accept less than you’re owed. If you’ve been injured and want to know whether your case is likely to settle or go to trial, schedule a free consultation with our Baton Rouge team today. We’ll walk you through your options and help you make the best decision for your future.

Personal Injury

How to Get a Rental Car After an Accident

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If you’ve been in a car accident in Louisiana, one of your immediate concerns might be: How do I get a rental car? Navigating the aftermath of an accident can be overwhelming, especially when it comes to securing reliable transportation while your vehicle is being repaired or replaced. At Big River Trial Attorneys in Baton Rouge, Louisiana, we understand how vital a rental car can be for maintaining your daily routine. Here’s what you need to know about getting a rental car after an accident. 1. Using Your Own Insurance for Rental Car Coverage One of the easiest ways to secure a rental car after an accident is through your own insurance policy—if it includes rental car reimbursement coverage. Many policies offer this optional coverage, which pays for the cost of a rental car up to a certain daily limit and for a specified number of days. How it works: You pay for the rental upfront, and your insurance company reimburses you. Alternatively, some insurers will work directly with the rental car company to cover the cost. Check your policy: If you’re unsure whether you have rental car reimbursement, review your insurance policy or call your agent. Even if the accident wasn’t your fault, relying on your own insurance to secure a rental car can expedite the process. You may later recover these costs from the at-fault driver’s insurance. 2. Making a Claim Against the At-Fault Driver’s Insurance If another driver caused the accident, you have the right to request a rental car through their insurance. Louisiana law requires at-fault drivers to cover the damages they cause, including providing a rental vehicle while your car is out of commission. File a claim: Contact the at-fault driver’s insurance company and provide the necessary details about the accident. Once liability is established, they should arrange for a rental car. Challenges you may face: This process can be delayed if the other driver disputes fault or if the insurer is slow to act. In these cases, you might need to involve an attorney to advocate on your behalf. 3. Your Rights to a Rental Car After an Accident in Louisiana In Louisiana, you are entitled to reasonable compensation for a rental car if your vehicle is damaged in an accident caused by someone else. This includes the cost of renting a vehicle comparable to your own. However, “reasonable” can be subjective, so disputes over the type of car or length of rental are not uncommon. Comparable vehicle: The at-fault party’s insurer is generally required to provide a rental car that’s similar in size and function to your own. Duration: You’re entitled to a rental car for the time it reasonably takes to repair or replace your vehicle. If you experience pushback from an insurance company, contacting an attorney can help ensure your rights are protected and you receive the compensation you’re entitled to. 4. Paying Out of Pocket and Seeking Reimbursement Sometimes, securing a rental car through insurance can be delayed due to administrative hurdles. If you can’t wait, you may choose to pay out of pocket for a rental car and seek reimbursement later. Here’s how: Keep receipts: Save all documentation related to your rental car, including daily rates, taxes, and fees. These records are critical for reimbursement. Include it in your settlement: If you’re pursuing a claim against the at-fault driver’s insurance, your attorney can include rental car costs as part of your demand for damages. This approach requires some upfront expense, but with proper documentation, you should recover the costs when the case settles. Why an Attorney Can Make a Difference Dealing with insurance companies can be frustrating, especially when you’re trying to get back to normal after an accident. Having an experienced personal injury attorney on your side can make the process smoother and ensure you’re not taken advantage of. Negotiation expertise: Insurance companies often try to minimize payouts. An attorney can advocate for your rights and negotiate on your behalf. Faster resolutions: With legal pressure, insurance companies are more likely to act quickly, whether it’s approving a rental car or settling your claim. Comprehensive compensation: Your attorney will ensure that all accident-related costs, including rental car expenses, are included in your claim. Conclusion Getting a rental car after an accident doesn’t have to be a stressful process. Whether you use your own insurance, make a claim against the at-fault driver’s insurance, or pay out of pocket and seek reimbursement, knowing your rights is essential. At Big River Trial Attorneys, we’re here to help Baton Rouge residents navigate these challenges and secure the compensation they deserve. If you have questions about your case or need assistance dealing with an insurance company, contact us today for a free consultation. We’ll fight to ensure you’re not left stranded after an accident.

Personal Injury

Does Rental Car Insurance Pay in an Accident?

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Does Rental Car Insurance Pay In An Accident? Car rental insurance is not mandatory for car renters to obtain in Louisiana. However, specific rules regarding the applicability of liability, coverage, and responsibility on bodily injuries and personal damages claims for car rentals are laid out in Louisiana Civil Code 22:1296. As a car renter, it is crucial to understand how the law applies coverage and liability insurance policies to motor vehicle rentals in Louisiana. Below is valuable information on how car insurance policies are applied for car rentals in Louisiana. Are Car Renters Required To Purchase Car Rental Insurance In Louisiana? No. In Louisiana, car renters are not required to purchase car rental insurance. However, as discussed below, there are varying repercussions on the liability over the damages and injuries caused by car rental accidents in the event that the motor vehicle renter refuses to obtain car rental insurance at the time of rental. Moreover, a car renter’s insurance policy could automatically apply as the car rental’s insurance coverage. Is A Car Renter’s Insurance Policy Coverage For Their Personal Motor Vehicle Transferrable To Their Car Rental In Louisiana? Yes Yes, the car renter’s insurance coverage policy applicable to their own personal motor vehicle is transferred to a car they have rented. However, the applicability of a car renter’s personal car insurance policy coverage may be limited. According to the Louisiana Civil Code 22:1296, the motor vehicle insurance policy of the person renting the car would be extended to the vehicle they rented. This generally means that a car renter’s exact coverage for their own vehicles would serve as the primary insurance coverage for the rental car. As further discussed below, a car renter’s insurance policy coverage for their own vehicles may not be applicable as the car rental’s primary insurance if the car renter has obtained an insurance policy to cover the car rental specifically. Which Insurance Policy Would Apply To The Car Rental If The Renter Has Multiple Motor Vehicle Insurance Policies? In the event that the car renter has multiple car insurance policies covering their own vehicles, then the motor vehicle insurance policy that includes a comprehensive and collision or liability insurance coverage would generally apply as the car rental’s primary coverage. Which Insurance Policy Would Cover The Rental Car If The Car Renter Has A Personal Car Insurance Policy Coverage But Also Purchased A Separate Car Rental Insurance Policy? Under Louisiana Civil Code 22:1296, the car renter’s own motor vehicle insurance policy would not serve as the primary coverage for the car rental if a car rental insurance policy is obtained specifically for the car rental. This applies even if the car renter’s motor vehicle insurance policy has better coverage. Simply put, the car rental insurance policy would serve as the primary coverage for the rental car instead of the renter’s personal car insurance policy. Are Rental Companies In Louisiana Liable To Cover The Damages And Injuries Caused By Rental Cars? It Depends On The Insurance Policy Coverage Applicable And The Car Rental Circumstances. According to Louisiana 22:1296, a car rental company must secure all car rental units that meet the state’s Motor Vehicle Safety Responsibility Law standards. However, there are limitations to the applicability of the rental company’s obligation over the car rental units. Specifically, the car rental company’s obligations and its limitations within the law are as follows: The security provided by the car rental will only be applicable if there is no other valid insurance that meets the minimum financial responsibility standard set by the Motor Vehicle Safety Responsibility Law. Other than providing the minimum financial responsibility stated above, a car rental company’s liability over the car rental unit would be limited if the car renter has a valid and collectible insurance policy or other means that meet the minimum financial responsibility standard of the Motor Vehicle Safety Responsibility Law, and that the claimant has an underinsured or uninsured motorist coverage for bodily injury and property damage claims, or if the car renter has violated the terms and conditions of the rental agreement. A rental company would be exempt from being required to offer uninsured or underinsured motorist coverage or lower limits of uninsured or underinsured coverage to the car renter or allow the renter to add authorized drivers as long as the car rental company provides minimum financial responsibility limits. However, as discussed above, a car renter’s personal car insurance policy may apply to the car rental or a separately purchased insurance policy specifically for the car rental. Filing a claim or understanding insurance coverage of rental vehicles can be complicated to navigate, mainly as specific rules apply under Louisiana laws. Thus, retaining the legal services of an attorney highly knowledgeable in insurance law in Louisiana may be valuable to your car rental insurance claim. If you or a loved one is a party to an insurance claim involving a rental car, please give us a call at (225) 963-9638, or you can click here to contact us for a free consultation. Our highly experienced attorneys can help you assess your claim and represent your legal interests.

Personal Injury

What Happens When a Drunk Driver Causes an Accident?

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What Happens When A Drunk Driver Causes An Accident? Drunk driving or driving while intoxicated is a serious and dangerous crime. Given the devastating repercussions of drunk driving or driving under the influence of drugs or alcohol, these highly irresponsible offenses have been rightfully subjected to strict laws and punishments across the United States. In Louisiana, one of the additional punishments applied to drunk drivers or those who operate motor vehicles while under the influence of alcohol or drugs is the application of punitive damages. The court may use these damages when a defendant has been found guilty of drunk driving or driving under the influence of drugs or alcohol. What Are Punitive Damages Or Exemplary Damages? Punitive or exemplary damages are compensation payments charged to the defendant after they are found liable or guilty of committing a particular offense. This is generally paid to the injured party in addition to compensatory damages and is subject to the court’s discretion. Courts typically award punitive damages to punish defendants for their grossly negligent or intentional actions. The primary goals of punitive damage are to: Punish the defendant for their egregious negligence or deliberate act in the hope of reforming them; and Make an example of the defendant to deter others from committing the same offenses. Given the severity of punitive damages, they are generally applied only to acts where malice and fraud are present in the offense. There must be intentional harm or extreme negligence to others in order for punitive damages to be applied. What Louisiana Law About Punitive Damages Applies To Drunk Driving Cases? Louisiana Civil Code 2315.4 applies in motor vehicle accidents where the defendant is an intoxicated driver or under the influence. This law provides additional damages in cases where the defendant is intoxicated while operating a motor vehicle. Specifically, this law states that punitive damages may be given to the claimant if they can prove that their injuries were caused by an intoxicated motor vehicle driver who has a wanton or reckless disregard for the rights and safety of others. It is also important to note that these punitive damages may be granted in addition to the general and special damages applied to the claim. Thus, this amount is beyond the usual claims for pain and suffering, medical expenses, lost wages, property damages, and other damages caused by the car accident. What Should A Victim Injured By An Intoxicated Or Drug Impaired Driver Show To Rightfully Claim Punitive Damages? Although the law states that a motor vehicle accident victim caused by an intoxicated or drug-impaired driver may be entitled to punitive damages, the victim must prove specific requirements to claim punitive damages in their case. Specifically, the claimant must be able to prove the following in order to successfully claim and collect punitive damages from the intoxicated or drug-impaired at-fault driver: The at-fault driver of the vehicle that caused the accident was either intoxicated or under the influence of drugs or alcohol, that impaired their mental and physical senses. The impairment of the at-fault driver caused by alcohol or drugs was the cause-in-fact of the injuries the victim sustained. The injuries sustained by the victim were caused by the intoxicated or impaired driver’s wanton or reckless disregard for the rights and safety of others. Does Insurance Covers Punitive Damages In Drunk Driving Cases? It Depends On The Insurance Policy Language Of The At-Fault Driver. An insurance company’s liability regarding the damages and injuries from a car accident caused by an intoxicated or impaired driver dramatically depends on the language of the insurance policy held by the policyholder. In Louisiana, a motor vehicle insurance policy may include a language that covers punitive damages incurred by the policyholder. However, the extent of insurance coverage for punitive damages is highly dependent on the exact wording of the insurance policy. Thus, it is critical to understand the insurance policy’s specific language and how it may apply in a motor vehicle accident involving an intoxicated or impaired driver. In the event that the insurance policy does not include coverage of punitive damages, or is limited to punitive damages not involving drunk drivers or alcohol or drug-impaired drivers, then the vehicle operator is fully financially responsible for the punitive damages rendered by the court. Since the responsible party for the payment of punitive damages dramatically depends on the legal language of the insurance policy, it is vital to have the legal assistance of a reputable attorney who can interpret the legal language included in the insurance contract. Complete, proper, and timely claims are critical in any lawsuit. In cases involving a drunk driver or someone operating a motor vehicle under the influence of drugs or alcohol, it is essential to include all applicable and valid claims that a victim is entitled to under the law. Such claims may include punitive damages, and a well-versed personal injury attorney can help you file the appropriate claims within Louisiana law. Moreover, a knowledgeable lawyer can help you determine the responsible party for the payment of punitive damages by reviewing the insurance policy document of the at-fault driver. If you or a loved one is involved in a motor vehicle accident where the at-fault driver is either intoxicated or under the influence of drugs or alcohol, please give us a call at (225) 963-9638, or you can click here to contact us for a free consultation. Our highly experienced attorneys can help you assess your claim and represent your legal interests.

Personal Injury

Proving Permanent Disability

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Proving Permanent Disability Sustaining injuries and developing a lifelong disability is a tragic thing to go through. However you may be eligible for compensation to help alleviate some of the financial burdens of living with this predicament. Proving total and permanent disability is not simple, even if the claimant can easily show their injuries. Instead, proving total and permanent disability also requires the claimant to show how the injuries impact their lives and future, which can be complicated as it requires supporting evidence and testimony. An experienced attorney may be able to provide a claimant with the proper legal assistance to evaluate the need for expert testimony to support their claim. There are various ways for the claimant to support their claim of total and permanent disability based on their sustained injuries. Some of the critical statements to support the claimant’s case may include the following: Medical Professional Diagnosis An official diagnosis by a medical professional that has evaluated or treated the claimant on their injuries and disability is a critical source in proving total and permanent disability. Given that the claim for total and permanent disability is tied to the claimant’s medical diagnosis, a medical professional’s testimony is required in the case. For this requirement, the medical professional would provide their official testimony regarding the claimant’s medical standing regarding their injuries. Some of the points that the medical professional can discuss specifically may include the following: the extent of the claimant’s injuries how the claimant’s injuries have limited their ability to perform specific movements and activities how the claimant obtained the damages how the injuries have progressed since the time of the initial diagnosis If the claimant is suffering from total and permanent disability from the injuries sustained Vocational Expert Testimony Although it is not required, testimony by a vocational expert may be valuable in proving the impact of the injuries and disability on the claimant. A vocational expert can highlight how the claimant’s disability and injuries have rendered them unable to do the same job they used to have before they sustained their injuries. Specifically, a vocational expert may be able to complete an evaluation known as a Functional Capacity Evaluation (FCE) on behalf of the claimant. This evaluation may include the following information: Whether the claimant’s physical ability will render them unable to fulfill their previous job responsibilities. Moreover, the vocational expert can also lay out the type of jobs that may fit the claimant’s diminished capability caused by their disability. Such physical limitations may include the ability to bend, lift, stand for a certain amount of time, walk for a certain distance, or perform specific duties vital to the job. The claimant’s psychological capacity, such as their ability to focus or fulfill the mental requirement for their previous job or what job would fit their mental competence. The vocational expert can also lay out the limited jobs available to the claimant, given their predicament and how these jobs differ in salary, availability, and complexities from the claimant’s previous position. Life Care Planner Another source of expert testimony that may prove to be valuable to a claimant in proving total and permanent disability is a life care planner. Although a statement from a life care planner is not required in a lawsuit, their testimony can help the claimant’s case in highlighting the impact on the future needs and quality of life-based on the injuries and disability they have incurred. Life care planners are certified professionals who assess individuals suffering from chronic health issues and injuries and evaluate the individual’s needs based on their disabilities. Specifically, life care planners can provide insight on what the following individual would need based on the injuries and disability they are suffering from, including the following: Whether the claimant will need rehabilitation or therapy, and if so, what type, projected length of treatment. If the claimant will need to avail of long-term medical care, and if so, the nature of the care, the professionals that need to provide such medical attention and care. Whether the claimant will need to seek domestic assistance, and if so, the extent of the required service and the type of day-to-day activities they would require aid with. Personal Testimony A claimant’s own testimony can help in showing the impact of the injuries and disability they have sustained on their quality of life. Although this statement may seem self-serving, it can help provide a personal narrative of what the claimant is going through. This statement can emphasize the drastic changes brought to their quality of life by the injuries and disabilities they have sustained. Some of the information that the claimant can highlight in their testimony on how their injuries and disability have affected their lives are as follows: The physical limitations or deformities they have sustained. Changes in their mental state and the challenges they pose to their daily interactions and lives. The emotional complications brought on by their physical disability and injuries. It should be noted that total and permanent disability for personal injury claims is not the same as a Social Security Disability (SSD) claim. Disability claims provide different types of financial and other remedies.  It is worth noting that obtaining an SSD claim can impact your ability to receive other types of compensation such worker’s compensation benefits. Sufficiently proving permanent disability can dramatically impac the amount recovered in a personal injury claim and the damages recoverable. An experienced personal injury attorney will be able to help you analyze whether you may have a claim for a temporary or permanent disability and the type of evidence needed to prove your claim. If you or a loved one and are concerned about whether an injury may have a lifelong impact, please give us a call at (225) 963-9638, or you can click here to contact us for a free consultation. Our highly experienced attorneys can help you assess your case and represent your legal interests.

Personal Injury

How Long Does an Insurance Company Have to Property Damage Claims?

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How Long Does An Insurance Company Have To Property Damage Claims? Getting involved in a car accident is an awful event because of the property damage and physical and emotional injuries involved and the time-consuming act of dealing with insurance companies while having to deal with the other repercussions of the accident. One of the first concerns many people have is who will they get their car fixed or replaced. Generally, insurance companies are required to begin the adjustment of property damage claims within 14 days of being notified by the claimant. Specifically, Louisiana Revised Statute § 22:1892 Section A.3 states the following: Except in the case of catastrophic loss, the insurer shall initiate loss adjustment of a property damage claim and a claim for reasonable medical expenses within fourteen days after notification of loss by the claimant. Under this language, the insurance companies are required by the law to adhere to fixing a motor vehicle damage within fourteen days of the claim. What Is A “Reasonable Amount Of Time” For An Insurance Company To Settle A Claim? Unlike adjusting property damage claims, paying injury damages is not as simple since such a claim must first be determined before a settlement can be paid. There is no determined set amount of time when motor vehicle accident claims must be settled. Rather, insurance companies are only required to settle claims within a “reasonable amount of time.” An issue with this terminology is how to interpret it and how it applies in a determinable manner. Unfortunately, the answer is very dependent on numerous factors of the claim and the accident. More complex cases involving numerous factors will generally take longer to determine as insurance companies would have to take longer to conduct their investigation by evaluating all the factors. On the other hand, straightforward claims would generally take a shorter time to assess and could easily settle sooner. What Are The Factors That May Affect How Long It Takes Insurance Companies To Accept Or Deny A Claim? There are numerous factors that can prolong or affect the processing of your claim by insurance companies. Some of these factors include, but are not limited to the following: The severity of the injuries stated on the claim The extent of the property losses or damages included on the claim How complicated the facts are about the automobile accident The number of parties involved in the accident Whether the fault is shared with other parties, and to what degree are they shared The communication between the insurance adjuster and the party to the claim The availability of documents and evidence needed to assess the claim If there are any disputes regarding fault or coverage Whether witnesses provide conflicting testimony or their availability to provide their statement These factors are vital information in resolving any motor vehicle accident and determination of the claim. Thus, any complication or assessment of this information could reasonably delay the final decision of a claim. How Long Do Insurance Carriers Have To Pay Damages For Property Damages Claim Under Louisiana Law? As discussed above, insurance companies’ timeline in determining the resolution of a motor vehicle claim relies on the terminology “reasonable amount of time.” As frustrating as it may be, the good news is the law indicates a specific time frame that insurance companies must abide by in fixing a motor vehicle upon a settlement of a claim. Louisiana Revised Statute § 22:1892 Section A states the following: insurers must pay both insured and third-party claimants “within 30 days after receipt of satisfactory proofs of loss from the insured or any party in interest” or “within thirty days after written agreement of settlement of the claim from any third-party claimant,” or whichever applies. Simply put, the insurance company is required by the law to provide final payment to the claimant within 30 days of its determination and acceptance of a motor vehicle claim. Dealing with insurance companies can be tedious, time-consuming, confusing, and can have adverse effects on your claim, insurability, and rights. Thus, it is practical to have a well-versed lawyer familiar with dealing with insurance companies to ensure that your rights and claims are preserved adequately under the law. If you or a loved one has been involved in an automobile insurance claim, you need a reputable lawyer on your side. Our highly experienced injury lawyers are here to guide and help you in your case. Please call us at (225) 963-9638, or you can go click here to contact us for a consultation. Our dependable personal injury lawyers can help you assess your situation, represent your claim, and answer any concerns you may have regarding your lawsuit.

Personal Injury

Can More Than One Person Be the Cause of an Accident?

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  Can More Than One Person Be The Cause Of An Accident? One of the principal points of a personal injury case is the determination of fault by the injured party that may affect the injured party’s claim for damages against the other party. Generally, there are two crucial doctrines regarding the determination of fault that may affect damages claim: comparative negligence and contributory negligence. The State of Louisiana applies pure comparative negligence in personal injury lawsuits. What Is Comparative Negligence? Comparative negligence doctrine is a legal principle that allows an injured party to claim damages even if they have contributed to their injuries. However, this doctrine would generally reduce the damages claimed to reflect the injured party’s contribution to their injuries. However, it is essential to note that three types of comparative negligence have specified percentages of fault by the injured party that directly affects their claim for damages What Are The Three Types Of Comparative Negligence? There are three types of comparative negligence doctrines: pure comparative, modified comparative, and slight/gross negligence doctrines. Pure Comparative Negligence In pure comparative negligence, the damages that an injured party may claim against the other party are reduced by the percentage of their fault contributing to their injury. An example of the application of this principle is as follows: let’s say an injured party incurred $100,000 total damages. However, the injured party was determined to have contributed to the 20% of the damages they had incurred. Here, the pure comparative negligence doctrine will deduct 20% of the injured party’s liability from the $100,000 total damages they can claim from the other party. Thus, the injured party can claim $80,000 from the other party for the damages they had incurred. Several states, including Louisiana, adopt pure comparative negligence in personal injury cases. Other states that apply pure comparative negligence include Alaska, Arizona, California, Florida, Kentucky, Mississippi, Missouri, New Mexico, New York, Rhode Island, and Washington. Modified Comparative Negligence In a modified comparative negligence doctrine, an injured party’s claim to damages is reduced by the percentage of their liability, just like in a pure comparative law. However, if the injured party’s liability exceeds 50% or 51%, depending on their state, they are barred from recovering any damages from the at-fault party. Some states follow the 50% bar rule, which allows the injured party to claim damages against the at-fault party as long as their contribution to their injury is less than 50%. For example, an injured party found to have contributed 40% to their injury can pursue a claim of damages minus their liability against the at-fault party under this rule. If the injured party incurred a total of $100,000 in damages, they would be able to claim $60,000 from the at-fault party. States that follow the 50% bar rule include Maine, Arkansas, Nebraska, Colorado, North Dakota, Georgia, Idaho, Tennessee, Kansas, Utah, and West Virginia. Under this 51% rule, an injured party determined to be either equal or less than the at-fault party’s liability to the injury can claim damages against the at-fault party, minus their degree of fault. For example, if the injured party is found to have contributed 50% to their injury and that they had incurred $100,000 in total damages, then they can pursue a claim but only for the amount of $50,000. A majority of states, 23 to be exact, follow the 51% bar rule. These states include Connecticut, Pennsylvania, Delaware, Hawaii, Illinois, South Carolina, Indiana, Texas, Iowa, Vermont, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, Ohio, Oregon, Oklahoma, West Virginia, Wisconsin, and Wyoming. Slight/Gross Negligence The slight or gross negligence rule is the type of comparative negligence that only South Dakota follows. Under this doctrine, both parties’ degrees of fault are compared to each other to determine if there is a claim for damages. If the injured party is found to have some “slight” negligence to their injury, and the other party is determined to have “gross” negligence on the incident, then a claim for damages is allowed. However, if the injured party’s fault is determined to be “more than slight,” then they are prevented from recovering and claiming damages from the other party. Are There Any Exceptions To The Application Of Pure Comparative Negligence In A Lawsuit In Louisiana? Yes, there is. Under Louisiana Civil Code CCC 2323, pure comparative does not apply in intentional tort cases where a party was injured or died due to the other party’s intentionally or knowingly causing the said injury or death. Under these circumstances, an injured party’s claim would not be reduced even if they partly caused their injury. How Does Contributory Negligence Differ From Comparative Negligence? A critical difference between contributory negligence and comparative negligence is that an injured party who contributed to their injury in any capacity cannot recover any damages or claim against the other party in the comparative negligence doctrine. In contrast, an injured party is not necessarily barred from recovering damages from the other party under the comparative negligence doctrine. Understanding comparative negligence or fault as it applies to the State of Louisiana is vital to any personal injury lawsuit as this information is essential in assessing the claimed damages. If you or a loved one is a party to a personal injury lawsuit, you need a reputable lawyer on your side. Our highly experienced injury lawyers are here to guide and help you in your case. Please call us at (225) 963-9638 or you can click here to contact us for a consultation. Our dependable physical injury lawyers can help you assess your situation, represent your claim, and answer any concerns you may have regarding your lawsuit.

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.

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