Articles Tagged with insurance coverage

balance billingThere are very few individuals who can afford their healthcare entirely out of pocket. This is why a majority of people utilize health insurance which pays for most of the care. If your medical provider is an in-network provider and accepts the insurance you carry, you are guaranteed to be paying much less than if you were not covered.

But what happens when you receive a bill in the mail for services that you believed were covered by your insurance? This typically occurs when you have a motor vehicle accident and go to your family doctor using your health insurance to pay for the visit. Your health insurance company pays for most of your care, but then the doctor sends you a bill for the uncovered portion. Is that legal?

fender benderMany people know the feeling of frustration when trying to obtain fair compensation for any bodily injury and property damage after getting into a car accident. Auto accidents happen every day to even the most cautious drivers, but are the victims of these accidents telling the truth? Or are they trying to finesse the insurance company?

Unfortunately, honest people often pay the price for those who are out to scam insurance companies. Liars, cheaters, and crooks have no business being plaintiffs in personal injury cases. Especially when there are individuals who are legitimately hurt and would like to pursue a genuine claim, not just get a quick check.

Cardonehotelcollapse-300x200On Saturday, October 12th, a devastating collapse occurred at the New Orleans’ Hard Rock Hotel, leaving three of the on-site construction workers dead.

In addition, 30 others were injured as the top floors of the building crumbled down in the midst of construction. Amid the chaos, two of the three deceased still remain unrecovered within the rubble of the disaster.

drive_permission-300x200If you found yourself involved in an auto accident where you’ve been rear-ended and suffered injuries, what would you do? Would you know the best way to go about pursuing your legal options and getting the fullest and fairest amount of compensation possible? Certainly, you might know that you have the option to pursue a case against the driver who rear-ended you and her auto insurer for damages. However, would you know that your options may not end there?

If the totality of your damages goes beyond the policy limit of the auto insurance policy that the rear-ending driver has with her insurer, you can take an additional step, which is to seek payment under a different insurance policy’s underinsured/uninsured motorist coverage — the coverage on the vehicle you were driving. As is the case in a lot of auto accident lawsuits that involve possible insurance coverage, the insurance company may be aggressive in seeking out avenues that will allow it to avoid paying. That’s one reason why, if you’ve been rear-ended and hurt, you need to be sure you have an experienced Louisiana injury attorney on your side every step of the way.

verdict-300x200In civil litigation, there are several processes that go on at the same time. One is the conducting of the adversarial process in accordance with the rules of court that exist in Louisiana. Civil litigation, of course, is not just a mere game; it is more than just a series of rules and a contest that determines a winner and a loser. It is also the pursuit of justice. To achieve that end, the law allows you certain latitude in the conduct of your case. Put another way, Louisiana law is clear that hyper-technical compliance with rules should never trump fundamental fairness and should not prevent a deserving person from obtaining justice through a civil judgment. To ensure you get the justice you deserve in the Louisiana courts, make sure you have a knowledgeable New Orleans injury attorney on your side.

To understand this importance of prioritizing justice over hyper-technical compliance, there’s the case of B.T. and G.B. from Monroe. The injury that spawned this lawsuit arose from an intersection collision. D.T. ran through a stop sign and hit the vehicle driven by B.T. The impact hurt both B.T. and her passenger, G.B. B.T. and G.B. sued D.T. and his insurer. In their lawsuit, the pair alleged that D.T., by failing to yield at the stop sign, was 100% to blame for the accident and for their injuries. While the lawsuit named both D.T. and the insurer as defendants, only the insurer was served initially.

Louisiana_map-300x210In a Louisiana personal injury legal case, you may hear many technical words and phrases tossed around. You might hear things like “venue,” “personal jurisdiction,” “subject matter jurisdiction” or “territorial jurisdiction.” These things can be extremely important to your case because if you sue in the wrong court where jurisdiction isn’t present your action may get dismissed. Even if you are allowed to re-file later, it will cost you valuable time and may cost you your case entirely if the statute of limitations has run out. That’s why it is so important to get it right the first time. To that end, you should be sure that you have legal representation from a knowledgeable New Orleans injury attorney, to avoid these legal traps that can potentially stymie otherwise deserving plaintiffs.

One injury case that included extensive arguments about jurisdiction was the auto accident case of C.T. C.T. was injured in New Orleans in the fall of 2011. One year minus one day later, she sued in parish court in Jefferson Parish to seek compensation for her injuries. The injured woman sued the other driver and his auto insurer. The defense tried to attack the lawsuit using a procedural approach. They argued that because the accident happened in Orleans Parish and the defendant driver lived in Orleans Parish, the court in Jefferson Parish didn’t have jurisdiction to try the case.

fallen_woman-300x199Sometimes, you may have some – but not all – of the information you need about a legal matter. Say, for example, you are injured during a slip and fall at a business because a spill was left on the floor. You may know that this spill potentially makes the business liable for your injuries. However, how long must the spill have been on the floor in order for you to win your case? What types of evidence do you need to demonstrate that the spill was there long enough? These and other things may, quite reasonably, be outside the scope of your knowledge. That’s why, if you’ve experienced a slip-and-fall injury, you should equip yourself and your case with the knowledge provided by a skilled New Orleans injury attorney.

A recent case from here in New Orleans involved actual facts similar to the hypothetical ones above. A guest at a New Orleans casino slipped, fell and got hurt crossing a walkway. She allegedly slipped because she stepped on some food on the floor. According to the guest, she was in the process of leaving the casino and was passing through a dimly lit area between a restaurant and a lounge when she slipped. Allegedly, a casino employee told her she slipped on a “smushed grape.”

forklift_panels-300x200Most injuries are painful, and many can be long-lasting or even lifelong in terms of their effects. Still, there are some injuries that are especially painful and damaging. For example, there is something called a “de-gloving” injury. A de-gloving is incredibly painful and damaging and happens when a large area of skin from a limb is basically ripped off the tissue beneath it. They often result in a lifetime of pain, as well as permanent disability.

There are several types of vehicle accidents that can cause de-gloving injuries, including motorcycle and bicycle crashes, as well as pedestrian accidents. Given the extensiveness of these injuries and the long-lasting effects they cause, including perhaps effectively ending a victim’s ability to work in his previously chosen career, knowing how to secure a full amount of compensation is a must. This is one reason among many to be sure you have a knowledgeable Louisiana injury attorney handling your case.

elevator_maintenance-300x200When you’re hurt in an elevator accident, there may be multiple people or entities who are potentially to blame and who may owe you compensation. This is one of the many reasons why skilled Louisiana premises liability counsel can help you with your case. For example, an elevator may be located in a building that is owned by one entity and leased by another. There may be still a third separate entity whom the owner or tenant retained to provide maintenance and upkeep on the building’s elevators. If an elevator fails and causes an injury, one, two, or perhaps all of these types of entities could be appropriately sued by you, in addition to your naming their insurers in the lawsuit too.

A recent case from Baton Rouge offered a real-life example of how this type of case can unfold, and what it takes to achieve a successful result. Patricia was at a medical center and riding an elevator when her accident happened. According to Patricia’s lawsuit, the elevator car opened, and, as she exited, the car dropped suddenly and then abruptly went up. This process allegedly threw Patricia into a wall and caused her to suffer significant injuries.

Jury-300x199You went to trial… and you lost. But then, after the verdict, you find out there was jury misconduct. What do you do? What can you do?

Sometimes, cases are clear-cut. In fact, sometimes, the defense may even admit liability. Other times, however, each side will strongly present almost diametrically opposed descriptions of the underlying facts, and leave it in the jury’s hands to decide which side is more credible. In any injury case, but especially if your case falls into that latter category, you need to make sure that your outcome is decided by a jury free of prejudicial misconduct. If jury misconduct does happen, you need to know how to handle it. In other words, no matter what comes you way, you need to make sure that you have experienced New Orleans personal injury counsel on your side to handle your auto accident case.

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