A Few Reasons You Should Not Represent Yourself
When you have been injured, you might think about representing yourself. Most people think they can handle their claim themselves. Sure it seems simple – call the insurance company, explain what happened and then they will send you money. Or so you think. However, personal injury claims are not so straightforward and representing yourself may leave thousands of dollars or more out of your pocket.
Here is why hiring a skilled personal injury lawyer is critical in maximizing your recovery.
- UNDERSTANDING THE LEGAL PROCESS
Personal injury recoveries involve more than simply filing a claim. There are complex rules about liability, evidence, damages, and timelines that steps must be taken. We have years of education and experience in navigating this complicated minefield. Without this skill-set and experience, it is easy to overlook important issues, facts, and possibly deadlines. If you skip any of these steps, you may have lost your right to recover and stuck with medical bills and lost wages.
- PROPERLY VALUING YOUR CLAIM
One of the biggest mistakes that people make when representing themselves is not properly determining the value of their claim. We know how to calculate the value of your claim, a value that is made up of: lost wages, past medical bills, future medical bills, pain and suffering and more. Without qualified legal guidance, you may unfortunately agree to a number that is not just low, but extremely unfair.
- DEALING WITH THE INSURANCE COMPANIES
Insurance companies are not your friends and do not want to treat you fairly or pay you what is a fair settlement amount. Insurance companies want to minimize what they pay you. We want to maximize what you recover. Adjusters are trained to be aggressive negotiators and will use tactics to bully or pressure you into thinking your case is not worth its true value and into accepting a lower offer. We are experienced to know how these adjusters operate and will fight to ensure you are not taken advantage of and to maximize your personal injury recovery.
- PROVE WHO IS AT FAULT AND THE VALUE OF YOUR PERSONAL INJURY CLAIM
Showing who is legally responsible for your damages, injuries, and demonstrating the extent of your damages is key in your personal injury case. We gather your medical records, police reports, witness statements, meet with you to understand how you have been affected by the crash and resulting injuries, and when needed, hire experts to support your case. Having the resources and knowledge to build a strong personal injury case while trying to represent yourself is extremely difficult, but hiring us is easy.
- MAXIMIZING YOUR COMPENSATION
Our goal is to maximize your recovery, what you walk away with after settlement. Studies show that injured people who hire attorneys recover significantly more than those who represent themselves. This is even after deducting attorney’s fees and case expenses.
- REDUCES STRESS YOUR STRESS AND LETS YOU FOCUS ON RECOVERY
After being in a crash, the last thing you want is the stress of handling the claim yourself. Your focus should be on your recovery, not dealing with an insurance company and constantly wondering if you are being treated fairly. Let us handle the claim, explaining the law, what is fair, and maximizing your recovery so you can heal.
- NO UPFRONT MONEY IS NEEDED TO PAY THE ATTORNEY
We do not charge our clients any upfront costs. We work for you on a contingency fee basis, meaning we are paid an agreed upon percentage of the recovery at the end of your case.
Remember, if you have been involved in a crash, we are here to protect, advise, and fight for you, so we can maximize your recovery. Car crashes, motorcycle crashes, 18-wheeler crashes happen. When they do, we are here to help the victims maximize their recovery. We are here to help. We are a personal injury law firm in downtown Lafayette, Louisiana. For more than 50 years, we have been able to maximize results for our clients either through settlement or victories in the courtroom. Through teamwork and communication, I am able to effectively and efficiently maximize my client’s recovery. No two cases are exactly alike, and you should not be treated as a number on an assembly line. Hire an attorney who knows you by name and will spend the time with you to understand how your life has been affected, explain the law that applies to your case, the game plan, and to answer all of your questions. We work FOR our clients.
Injured in a crash? Now what? Part #2
Now that you have dealt with the police at the scene, you may still have questions. Let us help with the next steps that you should take. This post will help provide a general guide for common steps that you should take once you leave the scene of the crash.
- Are you injured? If you rode in the ambulance to the hospital, you are on your way to identifying your injuries, if any, and what your next medical steps will be – as the hospitals will make recommendations or referrals for additional testing or doctors you should see. If they simply send you home with pills and a general note to come back if pains are unbearable or to follow up with your family doctor, then you still have a general path.
- Medical care. You refused care at the scene but you are sore. Many people with non-life-threatening injuries simply just want to get home where they can rest and take an over-the-counter pain reliever, hoping that the soreness and stiffness will simply go away. What happens if it doesn’t? You will need to seek medical attention. Delays in treatment can hurt your case. But it is not uncommon for those injured in a crash to try home remedies for a few weeks, because if the pain and stiffness go away, that is what you really want. So, if you take pain relievers at home and the pain does not go away, go get checked out. Report the crash and notify the provider of how you feel and when the pains and/or stiffness begin.
- Notify your insurance company. You have an obligation to notify your car insurance company of the crash. Provide them with just the basic details of the crash.
- Do you have to speak with the other insurance company? NO. You do not have to speak with them. They will use trained tactics to get answers from you that may damage your case. You won’t have all the answers to their questions early on. So if they call, you do not have to speak with them. When you hire us, we handle all communications for you, removing this stress from your life.
- Vehicle. If your vehicle has been towed or is drivable, make sure you get your own repair estimates. The other driver’s insurance company will get their own repair estimate, but you are free to use a body shop of your choice, in most situations. While your car is out of commission, you are entitled to a rental car. We are able to help with these steps and are here to answer all of your questions about the vehicle, including what happens if your car is a total loss. Take as many pictures of your car as possible.
- Get your game plan. Dealing with a wrecked car, your injuries, insurance companies who won’t call you back or wave a few dollars in your face is stressful. Unless you are skilled in dealing with these situations, you need help. That is where we step in. We will deal with the insurance companies for you, keeping them informed as to the status of your recovery, making sure that you are getting great medical care, and informing you of your rights – what laws apply to your case, did the defendant driver break those laws, and as a result, what are you entitled to recover.
Setting up an insurance claim seems simple, but there are very important things that you should say and many questions that you may not have the answers to and should not guess. That is where our skill comes into play and can add value to your case. We take the time to explain to you the importance of communicating with us and your doctors. Knowing how to explain your injuries and pain symptoms is important and you need to understand the right way to describe your pain because “it hurts here,” if not good enough. Come back for Part #3 where we will discuss what to expect after your claim has been established.
Car crashes, motorcycle crashes, 18wheeler crashes happen. When they do, we are here to help the victims maximize their recovery. We are here to help. We are a personal injury law firm in downtown Lafayette, Louisiana. For more than 50 years, we have been able to maximize results for our clients either through settlement or victories in the courtroom. Through teamwork and communication, I am able to effectively and efficiently maximize my client’s recovery. No two cases are exactly alike, and you should not be treated as a number on an assembly line. Hire an attorney who knows you by name and will spend the time with you to understand how your life has been affected, explain the law that applies to your case, the game plan, and to answer all of your questions. We work FOR our clients. Injured and have questions?
What does it mean to settle your personal injury case?
When you settle your personal injury case, it means that you and the defendants agree to resolve your case without going to trial. Most often it involves a single lump sum payment in exchange for dismissing all claims for past and future medical bills, lost wages, and general damages.
Things to consider when a settlement opportunity arises:
• Closure: Once you settle, your case is over. You can’t reopen the case if you change your mind to ask for more money. Even if you learn of new medical issues or a surgical recommendation that did not exist before.
• Settlement is achieved through negotiations; it is a process most of the time. Often it is not agreed upon on the same day an offer is made. Be patient.
• Benefits: By settling your case you have several benefits that include removing the uncertainty of the “how’s:” How long will it take for my case to end? How much money will it cost me to get through trial and a possible appeal? How much money will the jury award me? When settling with an insurance company, they have 30 days to pay the agreed upon amount.
So why settle? Settlement does provide a quicker resolution and guaranteed compensation. Trials can be filled with uncertainty – what will the jury think of my case? How much will it cost to try my case (expert fees, depositions, trial exhibits, and the like). But many times, you can settle your case for a very fair amount before you have to incur many of the expenses that are associated with trial. We will guide you through this process, explaining the pros and cons of accepting a settlement offer, providing advice if an offer is fair or not based on our years of experience in handling personal injury claims and based on the latest research available so you have an idea of what juries are awarding people in very similar situations.
The Importance of Preserving Evidence in Personal Injury Cases
If you’ve been involved in a crash, understanding the importance of preserving evidence can significantly influence the outcome of your personal injury claim. As a personal injury attorney with years of experience, I’ve seen many cases where properly preserved evidence made the difference between a successful compensation claim and a disappointing outcome.
Why Evidence Preservation Is Crucial
Evidence is the foundation of any legal claim, particularly in personal injury cases. It helps establish the facts, demonstrates liability, and quantifies damages. Preserving evidence ensures that the details of the wreck are maintained accurately, which is crucial for proving your case in court or in negotiations with insurance companies.
Types of Evidence You Should Preserve
- Photographic and Video Evidence: Always try to capture clear photos or videos of the crash scene, your injuries, and any damages. This visual evidence can be compelling in demonstrating the severity and impact of the incident.
- Physical Evidence: This includes any physical objects that played a role in the accident, such as defective products, clothing, or equipment. Keep these items in the same condition they were right after the accident.
- Documentation: Gather all relevant documents, such as medical records, police reports, and witness statements. These documents provide critical details about the accident and subsequent damages.
- Electronic Data: In today’s digital age, electronic data from smartphones or GPS devices can also serve as valuable evidence. Such data might include text messages, call logs, or location data at the time of the accident. And don’t forget about dashcams!!
Steps to Preserve Evidence
- Act Quickly: Evidence can degrade or be lost over time. Begin collecting and preserving evidence as soon as safely possible following an incident.
- Store Safely: Keep physical evidence in a secure location where it cannot be tampered with or deteriorate.
- Document Handling: Maintain a record of all individuals who handle the evidence from the time of the accident to its presentation in court to avoid claims of tampering or contamination.
- Seek Legal Assistance: Consult with a personal injury attorney early in the process. An experienced lawyer can help in effectively preserving and presenting evidence, ensuring that nothing crucial is overlooked. Make sure to bring me copies of all evidence you have been able to capture.
Legal Expertise in Evidence Preservation
A skilled and experienced personal injury attorney can provide essential assistance in preserving and collecting evidence. They can also help in obtaining evidence that may be difficult for you to access on your own, such as surveillance footage or private records. Moreover, an attorney will ensure that all evidence is gathered legally and is admissible in court.
Injured in a crash? Do you need to hire a Personal Injury Attorney?
🚗 Were You Involved in a Crash-? Here’s Why You Should Consider Hiring a Personal Injury Attorney! 🚑
If you’ve recently been in a car crash, navigating the aftermath can be incredibly stressful, when you’re trying to handle it alone. From medical bills piling up to dealing with insurance companies, it’s easy to feel overwhelmed. That’s where a personal injury attorney can really help. Here’s why:
- Expert Guidance: Personal injury attorneys know the laws that apply to car crashes and can guide you through the legal maze and help you understand your rights and options.
- No Upfront Costs: We work on a contingency fee basis, which means you don’t pay attorney’s fees unless you win your case. We handle the upfront costs of litigation, so you can focus on your recovery without added financial stress.
- Maximizing Your Compensation: We know how to accurately assess the compensation you deserve for medical expenses, lost wages, pain and suffering, and more.
- Dealing with Insurance Companies: Insurance companies often aim to minimize what they pay out. We will handle negotiations on your behalf, ensuring that you aren’t taken advantage of and work to maximize your recovery.
- Peace of Mind: Having a knowledgeable professional on your side can give you the peace of mind to focus on healing. Knowing your case is in good hands can be a huge relief during such a difficult time.
These are just the highlights. To learn more, please let us know what questions you have and we would be happy to provide you with answers. Not sure if you have a case? Let’s meet so that we may learn more and provide you with an honest opinion.
Navigating the Hazards: The Dangers of Driving on Wet Roads
When raindrops hit the pavement, everything changes. While wet roads may seem innocuous at first glance, they pose significant dangers that demand our attention. Whether it’s a light drizzle or a torrential downpour, understanding the risks associated with driving on wet roads is key to ensuring road safety for all. Here are just a few of the dangers that rain creates for drivers.
Decreased Traction:
One of the primary hazards of driving on wet roads is the significant decrease in traction between tires and the road surface. In the first few minutes after the rain begins, the roads become very dangerous, especially at or near intersections. Why? Rainwater mixes with oil residue and other debris on the road, it creates a slick film that compromises tire grip. This loss of traction can result in skidding, hydroplaning, and difficulty maintaining control of the vehicle, particularly during braking and cornering maneuvers.
Reduced Visibility:
Another critical concern when driving in wet weather is reduced visibility. If you do not have your windshield wipers set to the appropriate speed for the rainfall hitting your windshield and if your wiper blades are old or dirty, your vision will be reduced. Rainfall can create a misty haze, making it difficult to see the road ahead clearly. Additionally, water spray from passing vehicles further obscures visibility, especially on highways and busy roads. Poor visibility increases the likelihood of accidents, as drivers may struggle to anticipate obstacles, lane markings, and other vehicles.
Hydroplaning:
Hydroplaning, occurs when a layer of water builds up between the tires and the road surface, causing the vehicle to lose contact with the road. This phenomenon typically happens at higher speeds, making highways and freeways particularly susceptible. When hydroplaning occurs, drivers may experience a sudden loss of control, resulting in skidding or veering off the road. Steering becomes ineffective, and braking can worsen the situation, leading to potentially catastrophic accidents. This commonly occurs in curves or with sudden braking.
Increased Stopping Distance:
Wet roads significantly increase the stopping distance required to bring your vehicle to a safe stop. This increased stopping distance becomes particularly problematic in emergency situations, where split-second reactions are crucial. Drivers must exercise caution and maintain a safe following distance to reduce the risk of rear-end collisions.
Hydrodynamic Forces:
Driving through standing water on flooded roads introduces additional hydrodynamic forces that can affect vehicle stability. The force of water against the vehicle can cause it to veer off course or even be swept away in extreme cases. Flooded roadways may conceal hazards such as debris, potholes, or submerged objects, further increasing the danger for unsuspecting drivers.
Safety Tips for Driving on Wet Roads:
Despite the hazards posed by wet road conditions, there are steps drivers can take to minimize risks and ensure their safety:
- Slow down: Reduce your speed to maintain better control of your vehicle and allow for increased reaction time.
- Increase following distance: Leave ample space between your vehicle and the one in front of you to account for extended stopping distances.
- Avoid sudden maneuvers: Steer, accelerate, and brake gently to prevent skidding and loss of control.
- Ensure proper tire maintenance: Check tire tread depth and inflation regularly to maximize traction on wet surfaces.
- Use headlights: Turn on your headlights to improve visibility for yourself and other drivers.
- Stay alert: Remain vigilant for potential hazards and adjust your driving behavior accordingly.
Conclusion:
Driving on wet roads can be dangerous and without proper precautions and knowledge, crashes can occur. By understanding the risks associated with wet weather driving and implementing appropriate safety measures, drivers can reduce these hazards and protect themselves and others on the road. Remember, it’s always better to arrive at your destination safely, even if it means taking extra precautions and slowing down during inclement weather conditions.
If you have been injured in a crash on wet or dry roads, give us a call to see how we may be able to help you.
No Pay, No Play?
DOES THIS MEAN YOU’RE OUT OF LUCK?
What does this mean and why do we have such a thing?
In Louisiana, we have a “No Pay, No Play” law. Here is the quick simple explanation – if you are driving and do not have car insurance when injured in a crash, as an uninsured driver, you give up the first $15,000 of personal injury coverage and first $25,000 of property damage coverage. Those are the minimum limits required by law that every vehicle owner must maintain while owning their car.
Our state lawmakers enacted this law to attempt to reduce the number of uninsured drivers on the road. The thought being that with this law being passed, people who do not have auto insurance will either stop driving or will purchase car insurance. Additionally, if a person does not pay to have auto insurance and causes a crash, they have not protected the other drivers on the road. But if the uninsured driver is in a crash, then they are not able to “reap the benefits” if they are the victim, at least for the first $15,000 of personal injury damage and $25,000 of property damage.
But there are exceptions. The driver of the other vehicle:
- Is cited for drunk driving and later is convicted, pleas guilty or no contest.
- Intentionally caused the crash.
- Flees the scene – hit and run.
- At the time of the crash, is committing a felony.
Does this law apply if you are a passenger? NO! Provided the passenger who is injured did not own that car.
What is the driver is from out of state and is the injured victim? Louisiana law may not apply to that driver if their state does not have the same level of coverage as Louisiana, $15,000/$30,000/$25,000. But there are also exceptions here – did that out of state driver move to Louisiana and fail to transfer registration in the time required by law?
Just because you have been injured and there is no insurance on your car does not always mean you will not be able to recover. If this has happened to you, give us a call. We are happy to meet with you, learn more about your unique situation and provide great advice.
PASSING ON THE LEFT IN LOUISIANA
Who is at fault when one driver is passing another on the left? That depends on the specific facts of that case. Passing on the left is considered a dangerous maneuver, and a driver of a passing vehicle is held to a higher degree of care. The left turning driver and overtaking driver collisions represent the classic comparative fault scenario. In the case of a crash between the two, the law imposes a duty on both drivers. The driver turning left must use their turn signal and not turn until it has been determined it is safe to do so.
Facts needed when a left turning driver collides with a driver passing them on the left
Imagine a driver slowing down to make a left turn and at the same time another driver is attempting to pass the “slow moving” car in front of them. The two collide. Who is at fault? That is very fact specific. Facts needed:
• Did the lead vehicle put their blinker on to indicate a left turn?
• Did the lead vehicle have working brake lights and turn signals?
• The following vehicle, how far back was it?
• How many cars was the following vehicle trying to pass?
• Was the following vehicle completely in the oncoming lane of traffic?
• Did the following vehicle blow its horn?
Conclusion:
Proving fault in such cases can be complicated and it is fact driven. Often, stories do not match and there is some confusion of fact. Each case is fact intensive and must be properly evaluated. Documentation is key in such cases. When possible, taking photos at the scene are extremely important because it can show the point of impact based on where the debris falls on the road. Having a skilled attorney working with you is necessary to explain the law, its complexities, and help to maximize your recovery.
HIT AND RUN IN LOUISIANA – Quick Overview
In Louisiana, hit and run laws address the legal obligations of individuals involved in vehicle crashes. The law requires drivers involved in crashes to stop immediately at the scene, provide their name, address, and vehicle registration number to any other involved party, and render reasonable assistance to anyone injured in the crash. Additionally, if the crash involves injury or death, drivers must also provide aid or summon medical assistance as needed.
What Happens If A Driver Runs?
Failure to fulfill these obligations constitutes a hit and run offense, which can result in serious legal consequences. Penalties for hit and run offenses in Louisiana vary depending on the severity of the accident and whether it resulted in injury or death. In cases involving injury or death, hit and run can be classified as a felony, carrying potential imprisonment, fines, and license suspension or revocation.
Criminal Consequences
Misdemeanor hit and runs, those where the victim does not have serious injuries or the need for immediate medical care, can be either or both a fine of up to $500 and jail time of up to 6 months. Felony hit and runs occur when there is serious bodily injury or death and fleeing the scene endangered the health of the victim. To be a felony, the driver must have known that they were in or caused the crash and should know that the victim was seriously injured or had died as a result of the crash. The fines for a felony hit and run can be jail time of up to 10 years and/or a fine of up to $5,000.
Remember, Louisiana law requires drivers to report crashes to law enforcement. Failure to report such accidents can also lead to legal penalties.
Do I Have A Claim Against the Driver Who Fled?
If that driver caused the crash, YES! Sometimes it is hard to find the driver who leaves the scene of a crash and that is why taking photos, video, and capturing any other evidence is key in helping law enforcement locate the fleeing driver. Vehicle make, model, color, size, and any description are very useful, but nothing is better than photos or videos that capture these details and hopefully a license plate number as well. I addition to economic and non-economic damages, punitive damages may apply.
In summary, Louisiana hit and run laws emphasize the importance of taking responsibility for one’s actions after a crash, aiding those in need, and complying with reporting requirements to ensure accountability and public safety on the roads. To learn more, give us a call to discuss your legal rights.
THE IMPORTANCE OF A SKILLED, LOCAL PERSONAL INJURY ATTORNEY
Following a crash, victims often find themselves dealing with physical pain, emotional distress and smothered by financial burdens. When faced with the complexities of personal injury law, hiring a skilled attorney is key. You deserve quality representation that will ensure justice and maximize your recovery. In the unique legal landscape of south Louisiana, the nuances of personal injury law and litigation demand the expertise of a skilled attorney who understands Louisiana law, excels at negotiations, is not hesitant to bring your case to trial – you deserve such an attorney because you deserve the best representation from an attorney who will take the time to understand who you are, your injuries, how you have been affected, and will fight to recover what you are legally entitled to, whether in settlement or in court.
In South Louisiana, the aftermath of a crash or injury can be a challenging and overwhelming time. Hiring a skilled personal injury attorney is not just a legal necessity but a strategic decision that significantly influences the outcome of a case. From navigating the local legal landscape to conducting thorough investigations and negotiating fair settlements, a seasoned attorney plays a crucial role in securing justice and ensuring the well-being of their clients in the aftermath of a personal injury.