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.
Types of Auto Insurance Coverage Available to You
Let’s face it, insurance is not cheap. Insurance is something you hope you never need, but when you do, you need it. Auto insurance is no different that any other type of insurance – it costs more than you would like to pay and it can be complicated to understand. Calling around to find who has the cheapest rates is not the best method and you may be guilty of having done this before but read on to understand the importance of auto insurance and the different “add-ons” you should purchase and why purchasing from a company that has a strong presence in the state and has been in business for many years is important.
Where to and how to shop for coverage
You should only purchase from authorized insurance companies and produces in the state. Those who are not may be a scam, unauthorized companies are illegal in Louisiana and if the company goes broke, you may have no coverage. Speaking with friends and family is a great place to start, word of mouth. Also look online. Go to, https://www.ldi.la.gov/home to research companies to determine if they are: legitimate, authorized by the state, and if the company has any red flags that the Department of Insurance may warn the public about.
“Full Coverage” is a Joke – Liability Only
“I have full coverage” has a good ring to it, but most people have no idea that “full coverage” is really the Louisiana minimum auto insurance coverage required by law. The minimum auto insurance coverage in Louisiana is liability coverage only, meaning you are only purchasing coverage to protect you if you injure someone else or cause damage to their property. Those limits are known as 15/30/25 – a limit of $15,000 per person injured, not to exceed a total payment of $30,000 to all those injured, and $25,000 for property damage. So, if you only have the minimum limits, then you have nothing protecting you if you are injured or your vehicle if it is damaged.
This liability only coverage will also extend coverage to any licensed driver you give permission to use your vehicle. It also applies when you are driving rental cars or another person’s vehicle, when you have their permission.
“Add-on:” Medical Payment Coverage
This is an inexpensive add-on to the minimum limits coverage and is the first step in protecting you if you are injured, no matter who is to blame. This feature will pay for medical expenses (ambulance, ER, doctors, etc.) up to the policy dollar limits you have purchased. It will also help with funeral expenses. This coverage applies to you and anyone in your vehicle.
“Add-on:” Uninsured/Underinsured Motorist Coverage:
This is coverage that can protect you, your occupants, and your vehicle. But this is a tricky area of coverage because there are different types of UM. Generally, UM or UIM coverage will pay benefits to you if you are involved in a crash with an at fault driver who has no insurance or not enough insurance, as well as any occupants in your vehicle. This will include medical bills, lost wages, property damage, and general damages (pain and suffering). It also provides coverage in a hit and run crash.
“Add-on:”Uninsured/Underinsured Motorist Economic Only Coverage:
This coverage is similar to UM/UIM coverage, but has one major difference and for this reason, we do not recommend it. This “add-on” does not include coverage for compensation of your pain and suffering, loss of enjoyment of life, depression, anxiety, stress, etc. – what is called “general damages” and something we believe to be the most significant type of injury someone can suffer. It is available. We do not recommend it, but it is a few dollars cheaper than full UM/UIM coverage.
“Add-on:” Uninsured/Underinsured Motorist Property Damage Coverage:
As the name implies, this “add-on” will provide property damage coverage if you are involved in a crash with an uninsured or underinsured driver. A deductible will exist and similar to liability coverage, there are limits that your coverage can be limited to, such as $25,000 or $50,000. You can purchase a higher level of coverage. But keep in mind that if you have collision coverage, this coverage may not be available.
“Add-on:” Towing and Rental:
As the name implies, this “add-on” will cover towing charges, including storage, and rental if you are involved in a crash. The rental coverage will have a daily limit for how much will be covered for a temporary replacement vehicle and a max length of days that would be covered.
“Add-on:” Comprehensive Coverage:
Comprehensive coverage pays for damage to your vehicle from situations like falling trees or branches, flood, fire, vandalism, theft, or a variety of named events specific to each policy. This would cover damages that are not a result of a vehicle crash. This coverage also has a deductible.
“Add-on:” Collision Coverage:
Collision covers just what you think, collision damage when you are involved in a crash with another vehicle. It does not matter who would be at fault. This coverage also has a deductible.
As a side note, do not think that because your car is older or not worth much that you should drop comprehensive and collision coverage. Many people believe that it is something that is not needed. But think about this, vehicle repairs are expensive, and crashes happen daily. Do you want to take the chance that if your car is damaged that you will be able to afford to repair it properly? Think of all the cars we see driving around with damage that the owner simply has not fixed. What do you believe the resale value looks like. Insurance for your vehicle is to protect your property and often time vehicles are the most expensive thing a person owns. Think twice about not purchasing or dropping this coverage.
Risks of Driving Without Auto Insurance:
Driving without insurance is illegal and irresponsible. Louisiana law requires all vehicle owners to maintain liability insurance coverage. That is the MINIMUM coverage. If you stopped and do not have valid insurance, you may receive a fine of up to $1,000 if you are knowingly driving without insurance and lying about having coverage. Simply not having proof of insurance or letting your policy lapse may also result in penalties. It is possible to have your license suspended and your car impounded.
If you are involved in a crash and do not have insurance coverage, you will suffer further losses but not being able to recover the first $15,000 of your claim’s value and $25,000 of your vehicle’s damages. This is commonly referred to as “No Pay, No Play” and it does not matter who is at fault.
Basic Overview of Louisiana Insurance Law
BASIC LOUISIANA INSURANCE LAW
Car wrecks happen daily:
Vehicular wrecks happen daily, frequently causing serious injuries, death, and property damages. So it’s important to know some basics facts about Louisiana insurance law to know what insurance coverage is legally required and what additional coverages you should consider buying to protect yourself. A reputable insurance agent can help advise you about what coverages and policy limits will best protect you and your family. Honestly, Louisiana insurance law is vast and complex and, as such, this blog only discusses some of the more common auto insurance questions. Insurance liability requirements:
In Louisiana for a single wreck, you need $15,000 in bodily injury liability insurance per person ($30,000 per accident) plus $25,000 in property damage liability insurance to drive legally. These liability insurance requirements can also be written as 15/30/25. Liability insurance does not pay all of your damages. Liability car insurance comes in two forms: bodily injury liability coverage and property damage liability coverage. Bodily injury liability insurance covers expenses related to other parties’ physical injuries caused by your vehicle. Property damage liability insurance pays for repairs to the victim’s damaged property, including a car or a house.Louisiana’s “No-Pay, No-Play” Law:
Under Louisiana’s “no pay, no play” law, an owner or operator of a motor vehicle that is involved in an accident who fails to own or maintain compulsory motor vehicle liability security is prohibited from recovering his or her first $10,000 of bodily injury and his or her first $10,000 of property damage based on any cause or right of action arising out of the motor vehicle accident.
There are some exceptions to Louisiana’s “No-Pay, No-Play” law like, for example:
• It does not apply if you have the required minimum liability insurance.
• It does not apply to legally parked vehicles.
• It does not apply to drivers from another state if their state law does not require them to have liability insurance at the time of the wreck.
• It does not apply if the other driver is convicted of driving while intoxicated, intentionally caused the wreck, fled the scene, or acted in further the commission of a felony when the wreck happened.Comprehensive, Collision, and Uninsured Motorist Coverages:
When you are at fault in an accident, liability insurance coverage does not pay for any damage to your own property. It does not pay your medical bills, either. Liability coverage is not the only type of insurance you should consider. To be fully protected in the event of a wreck, you will need collision coverage, comprehensive, and uninsured motorist (UM) coverages. Statistics show that about one-third of Louisiana drivers have no liability insurance. And many, if not most, carry only the minimum liability insurance limits. Remember, UM coverage protects you and, if the other driver has no insurance or minimum liability insurance and your damages exceed the other driver’s policy limits, you will need your UM insurance to pay or help pay for all of your damages.Does the policy follow the owner or the vehicle:
Speaking generally, a car insurance policy in Louisiana usually follows the car. But you must check your policy’s exclusions — check for things like “insured vehicle” and “replacement vehicle” — to see if your policy provides that the policy follows the car or the insured as, for example, when the insured is driving someone else’s car. The bottom line is you must verify if your liability insurance policy follows you when you are driving a non-owned vehicle (one that you do not own) or if your policy follows your vehicle. Here you need to speak with your insurance agent, company, or an attorney.Comparative fault:
Louisiana has adopted what is known as a pure comparative fault scheme. When both drivers have insurance, the injured party (the plaintiff) only can recover the damages in the amount proportionate the defendant driver’s fault. As an example, if the plaintiff was 10% at fault, he or she can recover only 90% of his or her damages. The question of comparative fault is a fact question that the jury determines based on the evidence.Conclusion:
Louisiana insurance law is broad, vast, and complicated. When you are involved in a wreck, you should promptly notify your insurer or its agent or broker. Check your policy to see how much time you have to notify your insurer, which is normally 30 days. At the Law Offices of Richard R. Kennedy, we will fight to recover your full damages. The insurance company is not your friend. You want justice. The insurer just wants a quick settlement for less than justice requires. Contact us if you are injured or your vehicle is damaged in a wreck. We will review your case and advise you of your rights and what action is needed for you to receive justice. Feel free to contact us for a free consultation at (337) 232-1934 or at 1-800-440-1934.