Articles Posted in Car Accidents

LA Supreme CourtLast year, Louisiana legislators pushed for one of the State’s biggest tort reform packages since the 1990s in hopes of lowering automobile insurance rates and encouraging out of court settlements. The Civil Justice Reform Act of 2020 (CJRA) was signed into law on July 13, 2020 and became effective on January 1, 2021. These changes are not retroactive and will only apply to any cause of action arising on or after January 1, 2021. The most significant changes include:

Amount in Controversy for Jury Trials. For many decades, jury trials were only available in cases where the amount in controversy exceeded $50,000. In the district court, the threshold has been reduced to $10,000, exclusive of interest and costs. The party seeking a trial by jury is required to post a $5,000 jury bond within 60 days of filing a jury demand. If a party files a jury demand but fails to timely post the bond, then right to a jury is waived. Although the CJRA did not change the jurisdictional limits of city or parish courts, it allows a defendant to seek a transfer to the district court to obtain the right to a trial by jury when the amount in controversy is more than $10,000 and the transfer is made timely.

new orleans potholeLouisiana road conditions are ranked among some of the worst in the United States. This is especially true in New Orleans, where potholes are nearly unavoidable. A ride through the city can be very bumpy, and it may ultimately put a dent in your wallet.

Flat tires, rim damage, punctured exhaust pipes, broken axles, alignment problems and other damage to the body of the vehicle are just a few ways in which hitting a pothole can damage your automobile. A study done by the American Automobile Association revealed that potholes cost American drivers roughly $3 billion in vehicle repairs annually.

louisiana gavelIn Louisiana, uninsured/ underinsured motorist insurance (UM/ UIM) follows the person, not the vehicle. So, if you have UM/ UIM coverage and are involved in a motor vehicle accident where the at fault driver is not insured, you will be covered even if you are not in your own vehicle, or any vehicle at all! But, there may be an exclusion in your UM/ UIM policy which could limit your insurance company’s liability.

The “regular use” exclusion contained in many policies excludes an insurance company from liability when an insured driver uses another vehicle they do not own and is not named on their policy, but which they use regularly. The term “regular use” may apply to a vehicle provided to you by your employer for regular transportation to and from work and for everyday work duties.

women driving carIn an instant, you or a loved one may find themselves in the unfortunate situation of being involved in an automobile accident. But, did you know that women are more likely to be injured or killed as a result of these accidents.

A new study done by the Insurance Institute for Highway Safety (IIHS) found that women are much more likely to suffer a serious injury in a car accident than men. While men are involved in more deadly crashes than women, women are 20-28 percent more likely to be killed on a per- crash basis. They are also 37-73 percent more likely to be seriously injured after speed and other considerations are factored in.

It can feel overwhelming dealing with the insurance company after an accident. But, the first step in receiving compensation after an accident is to file a claim with the insurance company, so communicating with them is inevitable.

insurance claim deniedAfter carefully reviewing your claim, the adjuster assigned to your case will then pay out your claim or deny it. If your claim is denied, there are many reasons why the insurance company did so, which may include:

injury after accidentImagine one minute you are on your way home from work or just running some errands, and the next thing you know you hear a crashing sound and feel yourself being forcefully flung around in your vehicle.

After an accident, you may be suffering from a devastating injury that can render you unable to return to work for a couple weeks, months, years, or worst of all, forever. Lost wages, loss of earning capacity and outrageous medical expenses can leave you and your family in a terrible financial situation.

neck injuryWhen you are involved in a car accident, the injuries you sustain can vary depending on the severity of the accident. At first, you may only notice some bumps and bruises and consider yourself lucky. But, delayed symptoms arising days or weeks following an accident can be much more serious.

Sometimes after an accident, you are left in shock and your adrenaline is pumping. Your body is likely producing excess endorphins, which is keeping your from recognizing the pain your injuries have caused. Once the endorphins begin to subside, the pain may become more evident. It may also be possible that internal injuries that later appear are worsening over time. Therefore, it is important to stay alert after an accident.

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When you are involved in a car accident, it is usually the fault of another driver who was not paying attention or was driving carelessly. But, what if you were involved in an intentional accident? One might think to themselves, “why would anyone purposely cause a car accident?” However, the sad reality is that staged car accidents are much more common than you may want to believe.

Individuals who cause staged car accidents are only looking to make a personal injury claim and get a quick check by scamming the insurance company. These types of accidents have caused auto insurance premiums to skyrocket. Insurance companies are having to spend billions of dollars to payout claims for staged accidents.

lawyer meeting clientIf you have sustained any personal injuries or property damage after a car accident, it is best to seek the help of an experienced attorney. Meeting with your attorney after an accident may be nerve-wracking, but your initial consultation is an important step in bringing a personal injury claim. This meeting gives your attorney the insight needed on how to best advance your claim. You should never hold back any information because it is crucial that your attorney knows everything about the incident, as well as your personal history.

To best prepare for your meeting, you should bring any and all documentation you have regarding the accident. These materials may include:

doctor and patient in painIf you have ever been involved in an accident, you know a million things begin to run through your head at the time of the incident. You may start to panic, reach for your phone to call for help, check to make sure everyone is okay, or begin observing any damage to your vehicle. So, seeking proper medical treatment after an accident may seem like an added layer of stress to an already difficult situation. However, medical records are a key piece of evidence in personal injury cases and can ultimately make or break your case.

In the event you were injured in an accident, you should seek medical treatment as soon as possible. If your injuries do not require emergency and immediate medical attention, it is highly encouraged that you visit a doctor within a day or two of the accident. The more time you allow to elapse between the accident and your first doctor visit, the less credible the insurance company will believe you to be. Waiting days, weeks, or even months to see a doctor allows insurance adjusters to think that you were not seriously injured or injured at all. This may result in them denying you compensation.

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