QUESTION: What Is Uninsured/Underinsured Motorist (UM) Automobile Insurance Coverage and Do I need it?
ANSWER: YES! UM coverage is automobile insurance purchased by you from your own insurance agent/company. It protects you and passengers in your vehicle. The UM insurance pays for your injuries, medical expenses and lost wages if you are struck by another vehicle which does not have any insurance or enough insurance. UM insurance
covers not only your own vehicle, but also protects you and your family when damaged in another vehicle you are driving or occupying as a passenger.
UM insurance coverage is very economical and is automatic with coverage equal to your liability limits unless you sign a waiver of IJM coverage or select lower limits. UM coverage is very important because of the number of people who have no insurance or only have $10,000 in liability insurance coverage (the minimum allowed by
Louisiana law).
QUESTION: Why do courts use class actions?
ANSWER: The class action used by the courts is to save money and time for both the courts and all parties in the suit. It allows a single suit to be filed for all injured persons who have cases arising out of the same or similar facts. This saves the court, victims and defendants money and time because they don't have to try hundreds or thousands of separate suits, just one.
The class action also provides a means to an injured party to file a suit when it would otherwise be financially impossible to pursue. In some cases, the cost to litigate could cost hundreds of thousands of dollars. Obviously a single victim could not bear that cost all alone. Combining claims permits the claims to be pursued because the cost of the suit is shared between all the victims. In other cases, there may be hundreds of thousands of people who have a small claim. Combining damages make the claims worth pursuing, and therefore holding responsible the parties at fault. Where one injured party cannot make a difference, a class action can by notifying the public of a danger or loss.
QUESTION: WHAT IS ALL THE TALK ABOUT VIOXX?
ANSWER: What is Vioxx? Vioxx is one form of a new class of drugs called COX-2 inhibitors that emerged in the late 1990s. Vioxx was designed to block inflammation and pain caused by osteoarthritis and other forms of acute pain. COX-2 inhibitors have traditionally been praised for their reduced gastrointestinal side effects when compared to older anti-inflammatory drugs such as aspirin or Aleve.
Why has Vioxx been in the news recently?
On September 30, 2004, Merck announced that it was immediately pulling Vioxx off the market because of concerns that it produces an increased risk of heart attack and strokes. Vioxx has also been linked to a total of 12 cases of nonbacterial meningitis (an inflammation of the membrane coverings of the brain). This recall comes after approximately 91 million prescriptions for Vioxx have been written since this drug was first introduced in 1999.
What should I do if I have taken Vioxx? If you, or someone you know, has taken Vioxx for an extended period of time; or had an adverse cardiovascular event, such as a stroke or heart attack, while taking Vioxx, you should contact an attorney immediately to discuss your legal rights.
QUESTION: If I have been injured through the fault of another, how long do I have to bring a lawsuit?
ANSWER: Every state has certain time limits that govern the period during which you must file a personal injury lawsuit. In Louisiana, you have one year from the date of the incident to file a lawsuit. If you do not file a lawsuit within this time period you can lose your right to bring a claim, regardless of the merits of your case.
QUESTION: I am a stay-at-home mother who was recently injured in an accident. As a result, I cannot care for my family, nor can I do
the things I normally do around the house. I understand that I do not have "lost wages", but can I recover for my Inability to perform my "job"?
ANSWER: Yes. Louisiana law recognizes the impact that your injury has on your life and on the lives of your family. Accordingly, there are legal
remedies available to you and your family that enable you to be compensated for the effects that your injury has on your household. For a more detailed discussion of what legal remedies are available to you and your family with respect to the specific facts of your case, you should contact an attorney immediately.
QUESTION: How does Louisiana's "No Pay, No Play" statute work?
ANSWER: In Louisiana, the "No Pay, No Play" statute prevents the drivers of motor vehicles who do not have insurance on their vehicle from recovering the first $10,000 of any bodily injury or property damage claim arising from an automobile accident. The statute does not apply when (a) the driver of the other vehicle is intoxicated; (b) intentionally causes the accident; or (c) is committing a felony offense at the time.
QUESTION: Why has Bextra been in the news recently?
ANSWER: Bextra is a prescription painkiller manufactured by Pfizer, Inc. that was commonly used to treat those suffering from arthritis. Recent clinical studies have linked Bextra to serious cardiovascular side effects such as heart attacks and strokes. In addition to these cardiovascular side effects, Bextra has also been linked to Stevens Johnson Syndrome, which is a serious and potentially fatal skin reaction. Subsequent to these findings, Pfizer issued a recall of the drug on April 7, 2005.
QUESTION: I have taken Bextra. What should I do?
ANSWER: If you have taken Bextra and have suffered from a heart attack or stroke, or have been diagnosed with Stevens Johnson Syndrome, you should contact an attorney immediately to discuss your legal rights.
QUESTION: As a result of the injuries that I recently sustained in an accident 1 missed time from work. Additionally, I am not sure that I will be able to perform my job at the same pre-accident level. Can I recover these types of damages in a personal injury action?
ANSWER: YES. A claim for past lost wages and future lost wages may be asserted in a personal injury action. Past lost wages are often much easier to determine through a simple analysis of time missed and rate of pay. Calculating future lost wages, or loss of earning capacity, is usually a more complex equation. Factors that are considered in this analysis are 1) the person's physical condition before and after the injury; 2) their past word record and consistency thereof; 3) the
amount the person probably would have earned absent the injury complained of and the probability that he would have continued to earn wages over the balance of his working life.
QUESTION: I have an elderly relative who resides in a nursing home. I am very concerned that my relative s not receiving proper treatment but I don't know what to do.
ANSWER: You believe that your relative is being mistreated at a nursing home you should contact an attorney with experience in the field of nursing home litigation to discuss the details of your relative's situation and what their rights are under these circumstances. Many firms, like our firm, will provide such a consultation free of charge so that you can evaluate the merits of your claim b fore retaining an attorney.
QUESTION: My neighbors have a dog that is often aggressive and vicious towards others. Can the owner of the dog be held liable if the dog attacks someone or causes damage to my property?
ANSWER: Yes. In Louisiana, if a dog poses an unreasonable risk of harm, then the owner will be presumed to be at fault and will be held liable for an injury caused by the dog. The determination of whether a dog poses an unreasonable risk of harm considers many factors. Some examples of these factors are whether the dog has a history of aggressive behavior, has the dog attacked individuals on previous occasions; was the dog adequately contained on the owner's premises. If the dog owner shows that a third party caused the injury, that the injured party provoked the dog, or that the injury was the result of a fortuitous event, it is possible that the owner will not be held liable for the injuries.
QUESTION: I was recently injured in an automobile accident and the insurance adjuster representing the responsible arty keeps calling me and wanting to take a recorded statement. Should I give one? Do I have to give one?
ANSWER: No, you do not have to give a recorded statement, nor should you prior to talking to an attorney to determine your legal rights. It is standard procedure for the insurance adjuster to call the injured party and attempt to obtain a recorded statement before that person has an opportunity to talk to an attorney. It is not uncommon for such a statement to be used against you when attempting to resolve your claim.
QUESTION: I was recently injured in an automobile accident. As of this date, my health insurance has paid for 11 of my treatment. Can 1 still recover from the other driver who caused the accident?
ANSWER: Yes. However, your health insurance provider may be entitled to reimbursement from any recovery you obtain for the benefits it has paid. There are exceptions to this general rule, and in some cases they are required to pay a portion of your attorney fees. In spite of this, you should remember that your medical bills make up only a portion of the damages that Louisiana law allows y u to recover from the party who caused your injury. You should consult with an attorney to ensure that you are being compensated for each element of your damages.
QUESTION: I was recently injured at work. My employer carries workmen's compensation coverage. Is that the only source of recovery that is available to me?
ANSWER: It depends on how & by whom you were injured. If your injury is due to the fault of a co-employee or a defective piece of equipment owned by your employer, worker's comp is your only source of recovery (and the recovery is limited to a portion of your lost wages &medical bills only).
EXCEPTIONS: One exception to this general rule is when your employer or co-worker intentionally injures you. There may also be other sources of recovery for all your losses & damages, including pain & suffering. When the person or company that caused your injury is not a co-employee or is not employed by your employer via a contract (with special language in it), your recovery is not limited to worker's comp. The same holds true when the owner or operator of the defective pie e of equipment which caused your injury is not your employer. Under these set of facts, you may have a claim against the third party.
If you are injured at work, we recommend you contact an attorney immediately to discuss your legal rights.
QUESTION: I was in an automobile accident where my vehicle was totaled so I am looking for a new car. Ca I be compensated for not having a car to drive around during the time that I am searching for a replacement?
ANSWER: YES. When your car is totaled, the law recognizes that there is a period of time that you will go without a car. The damages you incur as a result arc referred to as your "loss of use" damages. You are entitled to be compensated for a reasonable amount of time to find a replacement vehicle.
Even if your vehicle is not totaled, you have a "loss of use" claim while your car is being repaired.
QUESTION: I was recently injured in an automobile accident where I was not at fault. The insurance company for the responsible party has contacted me and has offered to settle my personal injury claim. Should I settle my claim now and just get it over with?
ANSWER: As a general rule, if you are still experiencing pain and/or injuries from your automobile accident you should not settle your claim. There are very few exceptions to this rule. The reason is that once you settle your claim with a defendant, you typically give up your right to pursue a claim against that defendant. Therefore, if you settle your claim, and continue to suffer from our injuries, you will no longer be able to go after that defendant for additional compensation. Therefore, in most cases, it is recommended that you wait until you are finished treating before considering a settlement of your claim. An attorney can help you navigate these issues as you continue on your road to recovery.
QUESTION: I was recently injured in an automobile accident. I own a small business and I an integral part of the day to day operations. As a result of my injuries, I have not been able to perform my job and it is affecting my business. Can I recover for the lost profits that I have suffered as a result of my injuries?
ANSWER: Yes. Loss of profits is a recoverable item of damages. While damages for loss of profits may not be based on speculation or conjecture, such damages need only be proven within a reasonable certainty. Lost profits are generally calculated by deducting the expenses that would have been incurred from the gross revenues that could have been realized. In addition to recovering for loss of profits, you may also be entitled to recover for your loss of earning capacity. Loss of earning capacity reflects a person's lost ability to earn a certain amount because of their injuries. The individual may recover such damages even though they may never have seen fit to take advantage of that capacity.
QUESTION: I was recently injured in an accident. The person who caused my injury has accepted responsibility and has offered to pay my medical bills if I sign a release. Should I sign it?
ANSWER: No. You should not sign a release without contacting an attorney. By signing a release you are typically giving up your right to pursue all claims against the person who caused your injury. Before doing so, you want to make sure that you are being fully compensated for your injuries as provided by the laws of Louisiana.
QUESTION: If I am in an accident, what information should I gather at the accident scene?
ANSWER: If you are able to do so, the most important information you should get is: the other driver's name, address, date of birth, telephone number, driver's license number, insurance company and insurance policy number. Also note the make, year, model and license plate number of the other vehicle. Additionally, you should get the names, addresses and telephone numbers of any passengers in the other car and any witnesses to the incident. It is very important to note which police department (sheriff, city or state) responded to the accident, and it is also useful to know the officer(s) name(s). As soon as possible, take photos of the accident scene.
QUESTION: I as recently injured in an automobile accident. I believe that the other driver was at fault, but his insurance company has refused to pay for my medical treatment. I would like to hire an attorney, but I can't afford to do so. What are my options?
ANSWER: Our firm, like many firms who handle personal injury litigation, will meet with you to discuss your case and your legal rights at no charge. Additionally, most firms will handle this type of litigation on a contingency fee basis. This means that the attorney does not collect a fee unless he obtains a recovery for you. Therefore, you could hire an attorney without any out of pocket expense.
QUESTION: What happens after a lawsuit is filed?
ANSWER: Once a lawsuit is filed, the defendant is served with a copy of the lawsuit. Once served, the defendant is required to answer the suit within the time delays allowed by law. After the suit is answered, the "Discovery Phase" of litigation begins and each side attempts to "discover" more about the other side's case. During the discovery phase each party will take depositions of key witnesses, obtain documents from the other side, and gather information regarding the party's position regarding the facts of the case. Depending on the complexity of the case, the Discovery Phase can take several months to several years. Once the discovery phase is completed a trial date is set.
QUESTION: I was recently involved in an automobile accident where I had my seatbelt on, and I was still thrown from the vehicle during the collision. Shouldn't my seatbelt have kept me in the car?
ANSWER: Across the country there are many cases where individuals have suffered spinal cord injuries as a result of defective seat belt designs. Children and others who have small statutes are more susceptible to these types of injuries. There are many ways that automobile manufacturers can overcome these types of defects. If you or a loved one believe that they have suffered injury as a result of defective seat belt, you should contact an attorney immediately to discuss your claim.
QUESTION: I have an elderly relative who resides in a nursing home. I am very concerned that my relative is not receiving proper treatment but I don't know what to do.
ANSWER: I you believe that your relative is being mistreated at a nursing home you should contact an attorney with experience in the field of nursing home litigation to discuss the details of your relative's situation and what their rights are under these circumstances. Many firms, like our firm, will provide such a consultation free of charge so that you can evaluate the merits of your claim before retaining an attorney.
QUESTION: I recently suffered a minor stroke. At the time of the time of the stroke I had been taking a diet drug containing Ephedra. Is there any relation?
ANSWER: Ephedra was formally an ingredient that was present in many dietary supplements. It is believed that Ephedra can cause irregular heart rhythms, heart attacks, strokes, seizures, and other disorders. If you have suffered any of these adverse effects, you should contact an attorney to discuss your legal rights.
QUESTION: I was recently in an automobile accident where my SUV rolled over and the roof caved in. Do have a claim against the manufacturer of the SUV?
ANSWER: Studies have shown that SUVs are two and a half times more likely to roll over than passenger cars. Additionally, the roofs of many SUVs are insufficient to support the weight of the vehicle. Therefore, when a rollover occurs, the roof will often collapse and in some cases crush the occupant. There are many ways that manufacturers can strengthen the integrity of the roof so that it does not in rude upon the "survival space" of the occupant in a rollover. If you or someone you know has been involved in a SUV rollover where the roof has collapsed, you should contact an attorney immediately to discuss your legal rights.
