Get answers to critical questions.

Below are some quick answers to some common legal questions often asked by clients or their family members. Remember – this information is not meant to substitute or replace actual legal advice or analysis, because no two cases are exactly alike – and a single small difference in the facts of a case can make a huge difference in the outcome.

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• We were in terrible car accident, What should we do?

  • We were in terrible car accident, What should we do?

    More than three million people are injured in auto, truck and motorcycle accidents each year. The odds that you or a loved one will become a victim in an automobile accident are very high. Injuries from auto accidents have become so common that we all make light of the almost obligatory claim for damages that is made after even seemingly minor accidents.

    But the truth is auto accidents are a fact of modern life, and serious injuries can and do often result for seemingly minor accidents. While improvements are made each year in an automobile’s ability to suffer an impact without sustaining damages, the ability of the human body to sustain an impact has not changed.

    1. Remain calm

    Remain calm and thoughtful. Ensure the police are called to the scene to make a report. Take a few seconds to gather your thoughts when answering the officers questions. Speak clearly when explaining what happened to the investigating officer. Be sure to get the name address and phone numbers of other drivers, occupants and any witnesses. And, don’t be afraid or embarrassed to tell the officer if you are suffering any pain, no matter how minor you think your injury might be.

    2. Seek medical attention immediately

    If you or a loved one is injured you should immediately seek medical attention. If you do not need an ambulance, then you should have someone take you directly to a hospital. No matter how slight you think your injury is you should have an examination by qualified healthcare personnel.

    Sometimes serious injuries are not immediately visible and take time to manifest themselves. In my experience doctors try to treat accident patients “conservatively,” meaning they ensure there are no major traumatic injuries and then attempt to treat the patient’s symptoms with the least intrusive method. This will usually involve pain medication and physical therapy. Unfortunately, the patients actual physical problem may be masked or remain undiagnosed until it is apparent the prescribed treatment is not having the desired effect. And more extensive studies such as MRIs and nerve conduction studies are done.

    In any event, you should speak honestly and frankly with your doctor about all symptoms you are experiencing. And, after release from the hospital, you should comply with all medical instructions and make any follow-up visits or recommended appointments with any specialists.

    3. Don’t talk to Insurance representative until you talk to lawyer

    It doesn’t matter what they say; the other driver’s insurance adjuster is not your friend. An insurance adjuster’s job is to find ways to avoid or minimize the amount of money an insurance company or its insured has to pay when its insured hurts someone.

    You will always be at a disadvantage in dealing with the adjuster yourself. They know the law and facts but will construe things in their favor. They will try to settle
    On the other hand you will not know all the facts, will not know the law or fully understand your rights. Nor will you immediately comprehend the extent and value of your damages. The adjuster can easily take advantage of your lack of knowledge, lack of time to deal with the matter and your natural tendency to want to “put it behind” to persuade you to accept only a nominal settlement amount.

    4. Retain competent legal counsel

    Regardless of what you read in the newspapers, big corporations and insurance companies don’t just roll over and pay a substantial claim for damages when they have hurt someone. Before an adequate settlement can be obtained, they usually must be confronted by a determined lawyer presenting a meritorious claim, backed up by a thorough investigation establishing solid evidence of fault on the defendant’s part and documenting the client’s substantial damages.

    “In meritorious cases where a defendant refuses to settle, you should not be ashamed or afraid to invoke the civil justice system. That is why civil justice system exists. If it becomes necessary to prosecute your claim in court you can be sure we will pursue your rights in an aggressive, competent and professional manner.”

    Call our office for a consultation at (318) 227-1460. Click here for directions to our office.

• Should I talk to the Insurance company adjuster or investigator?

  • Should I talk to the Insurance company adjuster or investigator?

    It depends. If you, or a loved one is a victim of an accident you may be contacted by an insurance investigator or adjuster. It is important to remember that the represent the other party, the insurance company and the person or business who caused the accident. Their goal is not simply to find out what happened, it is to try to develop a story that allows the insurance company to deny your claim or reduce the amount of compensation they may be required to pay to you.

    At the same time it is necessary to talk to the adjuster and provide information to them in order to reach a settlement. We normally allow our clients to provide a statement to the adjuster, however, we insist that we be present and record the statement. This allows us to ensure the the client’s entire story is presented, and that it is not distorted in the interview process. It also ensures that we have a record of what our client has said should a dispute arises in the future, or the case goes into litigation and the client is required to testify at a deposition or at trial.

    Call our office for a consultation at (318) 227-1460.Click here for directions to our office.

• Pharmacy Malpractice: What to do if someone gets sick or suffers an overdose because a pharmacy made a mistake

  • Pharmacy Malpractice: What to do if someone gets sick or suffers an overdose because a pharmacy made a mistake

    The days of the neighborhood pharmacist who carefully read and filled each prescription while providing sound advice and counseling to his or her patients is all but gone. Nowadays medicine, especially pharmaceuticals is big business and pharmacy malpractice is a growing problem. Each day millions of prescriptions are filled and too often when pharmacist or pharmacy technicians get in a hurry mistakes are made.A mistake can happen and injury or death can result if the pharmacist or technician fills the prescription with the wrong medication or gives the patient the wrong dosage information. Also a pharmacy may be liable for injury caused by the failure to give correct warning information about possible adverse reactions or interactions with other drugs and medication a patient is taking.

    A person who is injured because a pharmacy made an error is generally entitled to recover damages which may include medical treatment expenses, loss of income during recovery, other economic losses as well as damages for physical pain and emotional suffering. Often a person will learn they have received the wrong medication when they receive a call from the pharmacy telling them about the error. Or you may notice a change in the condition of the person after they take the medication.

    1. Remain calm

    If this happens to your loved one you will not only be upset, you will be angry. Instead of helping your loved one get well a pharmacist’s negligence has actually injured them. You will be particularly angry and maybe even mad at yourself if you administered the medication according to the pharmacist’s instructions. But, you have no reason to feel guilty, you were entitled to rely on the pharmacist to do his or her job and properly fill the prescription and provide appropriate and correct advice. Stay calm and act quickly to get medical attention for your loved one.

    2. Seek medical attention immediately

    Seek medical attention the moment you suspect an overdose, adverse reaction or that the wrong medication has been taken. Don’t be afraid to call 911 or poison control for emergency assistance and advice. The pharmacy may contact you and ask you to return the prescription to them. Do not return the medicine or its container to the pharmacy. Take the container, all written instructions and any remaining medication with you to the emergency room or doctor. They will need this to properly treat the person. But don’t leave this with the doctor. Make it clear to the medical personnel that you need the container, the remaining medication and all paperwork back when they have finished. This is important evidence, which you will need to preserve. If you leave it with the doctor or emergency room, it might be discarded.

    3. Don’t talk to any corporate representative or insurance adjuster until you talk to lawyer

    It doesn’t matter what they say; the pharmacy’s insurance adjuster is not your friend. An insurance adjuster’s job is to find ways to avoid or minimize the amount of money the company or its insured has to pay when its insured hurts someone. The pharmacy’s insurance adjuster will try to avoid paying for the damage done to your loved one. The pharmacy and its insurance company can afford to deny the claim and force you to litigate. They insurance company can afford to hire the very best lawyers to protect their client. And, you can be sure they will use every legal advantage they can to win.You will always be at a disadvantage in dealing with an adjuster yourself. The adjuster knows the law and what happened. They will construe all disputed facts and issues in favor of their client.On the other hand you may not know important details about what happened and are unlikely to know the law or fully understand your rights. Nor will you immediately comprehend the extent and value of your damages. The adjuster can easily take advantage of your lack of knowledge, lack of time to deal with the matter and your natural tendency to want to “put it behind” to persuade you to accept only a nominal settlement amount.

    4. Once the medical emergency is over, relax for a moment and gather your thoughts on paper

    You are now a witness, or perhaps a plaintiff, in a pharmacy malpractice case. The successful prosecution of any injury or death claim requires a thorough investigation and solid evidence, and our investigation will be guided in large part by the information you are able to provide us initially. So, you need to do a couple of things:

    First, gather-up the container and packaging the medicine came in along with any remaining medication.

    Second, Collect all written instructions, receipts and other papers that came with the medication.

    Third, sit down and make yourself a few notes about what happened. Jot down:

    1. the name of the doctor who prescribed the medication;

    2. the location of pharmacy that filled it;

    3. the name or description of the person who filled it, and

    4. what you remember about any conversation with them.

    5. List any reactions the person had to the medication and when they first were noticed or occurred.

    5. Retain competent legal counsel

    Regardless of what you read in the newspapers, big corporations and insurance companies don’t just roll over and pay a substantial claim for damages when they have hurt someone. Before an adequate settlement can be obtained, they usually must be confronted by a determined lawyer presenting a meritorious claim, backed up by a thorough investigation establishing solid evidence of fault on the defendant’s part and documenting the client’s substantial damages.

    “In meritorious cases where a defendant refuses to settle, you should not be ashamed or afraid to invoke the civil justice system. That is why civil justice system exists. If it becomes necessary to prosecute your claim in court you can be sure we will pursue your rights in an aggressive, competent and professional manner.”

    Call our office for a consultation at (318) 227-1460. Click here for directions to our office.

• What is Mediation and why would I want to mediate my claim?

  • What is Mediation and why would I want to mediate my claim?

    A mediation is essentially a controlled settlement discussion. Mediation takes place when a plaintiff and a defendant agree to try to settle their legal disputes through intense discussions and with the assistance of a trained mediator. There are several advantages fo mediation over trial as a method of resolving an accidental injury or death claim. First, mediation is substantially cheaper than taking a case to trial. Trial and the pre-tiral litigation that precedes a trial can costs thousands of dollars, which may not be recovered even if we are successful at trial. Second, mediations save time. Truth is our courts are clogged. Not by accidental death and injury claims but by one corporation suing another. This makes it difficult to get a case to trial in a timely and rapid manner.

    Often it can take years to get even a simple personal injury or death case to trial. Furthermore a successful verdict does not mean the case ends if the other side decides to take an appeal. Finally mediation puts you, the victim, in the driver seat. In the end most accidental injury and death cases come down to dollars. At trial a judge or jury will decide what the case is worth. They may or may not agree that the defendant or insurance company should pay anything. Similarly, they may not award the amount of damages we ask that them to award. Also, every dollar that the defendant has to spend for trial defense is a dollar that is no available to pay in settlement. At a mediation the plaintiff and defendant are in control and can resolve the case by agreeing upon an a reasonable settlement.

    Can I force the insurance company to mediate?

    One party cannot force the other to mediate.

    When does mediation occur?

    Mediation usually takes place after the parties have engaged in litigation or have otherwise investigated the claims well enough to know what the claims and defenses are and what issues are disputed.

    How does mediation work?

    If both parties want to mediate their dispute, they select a mediator and schedule a date for the mediation to take place. usually this will be an the office of one the attorney for one of the parties. Sometimes it will be at a neutral location. The mediation will normally begin with a “joint session” where the mediator will explain the process and give each side an opportunity to present their view of the evidence. We use this time to make a full presentation of our client’s claim. This will usually include PowerPoint or video presentation along with an explanation of the legal claims we will pursue at trial as well, and a candid estimate of the money damages we will ask that our client be awarded.

    Usually, we allow our client the opportunity to make a brief statement of how the accident has affected them personally. In my experience most defendants do not make a full presentation of their case. Normally the adjuster will merely express their regret for the victim’s loss and state that they intend to negotiate in good faith.

    At this point the parties retire to separate rooms. The mediator will then meet separately with each party and their lawyer. He will ask the parties to candidly discuss the strengths and weakness of their case, and to consider what might happen if the case were to go to trial. After discussing the case with both parties the mediator will ask one party or the other to make a settlement offer. Usually this begins with the plaintiff making an offer. The mediator then takes the offer to the other party and discusses the merits of the offer. When we mediate, we try to support our offers with specific reasons that support the amount of our demand.

    Normally, the first offer will be rejected and a counter-offer will be made. The counter-offer is taken to the other party and the process is repeated. The mediator shuttles back and forth between the parties carrying offers and counter offers as well as discussing the reasons offered for each response. When the process works well, concessions are made on each side until the parties reach an agreed settlement amount, and the case is resolved.

    If mediation is unsuccessful then the case will usually proceed to trial. Things that are said in the course of the mediation are normally not allowed to be used against a party at trial. This allows the parties and their attorneys to have candid discussions of the evidence and the law during the mediation process.

    What makes for a successful mediation?

    Good investigation, sound preparation and solid presentation makes for a good mediation. The simple truth is that defendants, insurance companies, big corporations and the government do not pay claims for injuries and money damages until they are convinced that it will cost them more to go to trial than it will to settle.

    Our success at resolving accidental death and injury claims in mediation is grounded in our independent investigation, our client and case preparation, and a presentation that informs the defendant and adjuster what they will face at trial. Providing that information in a convincing and persuasive manner allows us to resolve even difficult cases on terms favorable to our clients.

    Call our office for a consultation at (318) 227-1460.Click here for directions to our office.

• Do I need a lawyer if I’m already drawing Workers’ Compensation?

  • Do I need a lawyer if I’m already drawing Workers’ Compensation?

    Yes. The worst time to try to hire a lawyer in a worker’s compensation case is after a problem has cropped up and your benefits have been terminated or reduced or you have been refused medical treatment. At that point you are “behind the eight-ball” and there may be very little, if anything, the lawyer can do. The whole purpose of hiring a lawyer in a worker’s compensation case is to assist the client in maximizing the amount of benefits they receive and to prevent any interruption of benefits. That is why we encourage people to seek competent legal representation immediately after a job related injury or death.

    Most people are completely unaware of the kind and amount of benefits they are entitled to under the worker’s compensation laws. Likewise, most people are unaware of the rights and responsibilities they have under the worker’s compensation laws. The law is complicated and not very “worker friendly.” As a result, it is very easy for an injured worker to handle their own case, to make a catastrophic mistake that can cause them to completely forfeit their benefits. When we accept a new worker’s compensation case, we become the “protective bubble” around the client.

    We handle all communications with the adjuster and the company. We ensure that benefits are properly calculated and timely paid. We interview witnesses to preserve the evidence of the accident should the case ever go into litigation. We help coordinate medical treatment and vocational rehabilitation. If the client is unable to return to work we work to try to reach a reasonable settlement with the company.

    Call our office for a consultation at (318) 227-1460.Click here for directions to our office.

• How long is does an injury or death case take to resolve?

  • How long is does an injury or death case take to resolve?

    The length of time it takes to resolve a civil damage claims depends on a lot of factors including:

    The seriousness of the injuries and extent of the client’s damages

    The number of witnesses who need to interviewed

    The need for expert witnesses

    The amount of time needed for a thorough investigation

    How long the client’s rehabilitation and recovery lasts

    The presence of any novel unusual legal issues

    The factual complexity of the matter

    Whether the defendant is agreeable to mediation or informal settlement negotiations

    Whether it becomes necessary to file a lawsuit

    These and many other factors, can affect the length of time it takes to resolve a civil damages case either by settlement or trial.

    Call our office for a consultation at (318) 227-1460.Click here for directions to our office.

• Do I have to sue? I’m not the “suing kind.”

  • If your mother was like mine, she taught you to apologize if you hurt someone and to pay for the things you damage or break.But, in today’s politically correct environment there are some corporations, political groups and insurance companies that try to make people who have been hurt in accidents feel guilty about seeking compensation for their injury and losses.

    Truth is there is no “suing kind,” and very few of my clients are interested in suing anyone. More often, my clients say, “I don’t want to sue anyone, but my spouse or child has been seriously hurt and no one knows how this accident has affected our life together. It’s just not right that our family has to go through this and not be treated fairly by the adjuster.” They are right! Civil tort law is based on a simple concept eloquently captured in the first paragraph of article 2315 of the Louisiana Civil Code:

    “Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it.”

    My job as a Personal Injury Lawyer is simple: Obtain the maximum recovery of monetary damages for my clients that is permitted under the law and consistent with the ideals of Justice.

    “This isn’t about greed, frivilous claims, ambulance chasing or the lawsuit lottery. Its about making a defendant live up to the moral obligation to repair the damge done. Its about helping someone recover reasonable and adequate compensation for the injuries and losses they suffered.”

    The truth most cases settle before it is necessary to file a lawsuit. And, the majority of those cases that do require the filing of a lawsuit also settle long before trial. Only a handful of cases ever go to trial.But big corporations, insurance companies and the government won’t just roll over and pay a substantial claim for damages when their employees or insured have hurt someone. Usually the adjuster must be confronted by a determined lawyer presenting a meritorious claim, backed up by a thorough investigation revealing solid evidence of negligence and adequate documentation of the client’s damages before an adequate settlement can be obtained.

    “In meritorious cases where a defendant refuses to settle, you should not be ashamed or afraid to invoke the civil justice system. That is why civil justice system exists. If it becomes necessary to prosecute your claim in court you can be sure we will pursue your rights in an aggressive, competent and professional manner.”

    Call our office for a consultation at (318) 227-1460. Click here for directions to our office.

• Do you have right kind and right amount of car insurance?

  • Do you have right kind and right amount of car insurance?

    Too often clients who thought they had adequate automobile insurance learn after an accident their coverage was inadequate. In states like Louisiana where the law requires that a driver maintain only $10,000.00 in liability coverage, insurance coverage in an accident involving only minor injuries could easilyprove inadequate. It’s a good thing to review your coverage annually. I advise my clients to be sure that they have both liability and uninsured/underinsured motorist coverage With insurance you get what you pay for. Be sure to deal with a reputable company and discuss your coverage with your agent to make are you know what you re buying.

    Liability coverage

    Protects you when you or someone operating your vehicle is at fault in injuring someone else. It pays for property damages and for bodily injury losses. It is important that you have ample liability coverage because you are responsible for paying any damages in excess of the policy limit. For example if you had only a $10,000.00 policy limit and were at fault in a accident where the injured person’s damages were $25,000.00, you would be responsible for the $15,000.00 that was in excess of you liability policy limit. If the injured person were to obtain a judgement against you for this amount it could devastate your family financially.

    Uninsured motorist coverage

    Usually combined with underinsured motorist coverage it protects you it protects you when the driver of the at fault vehicle in ca car wreck had no liability insurance coverage. It covers lost wages, medical treatment expenses other out of pocket expenses and general damages including pain and suffering and mental anguish. Without this coverage, you would have to first sue and obtain a judgement against the at fault driver for this amount and then attempt to collect the judgement. Unfortunately people who are uninsured usually do not have adequate resources to pay a substantial money judgement.

    Underinsured motorist coverage

    Protects you when the driver of the at-fault vehicle in car wreck has insufficient liability insurance coverage to compensate you for all of the damages you have sustained. For example, if you were injured in a car wreck and the at fault driver had only a $15,000.00 policy limit and your damages were $25,000.00, you would able to recover the your remaining $10,000.00 in losses that are in excess of the at fault driver’s liability policy limit. Without this coverage, you would have to first sue and obtain a judgement against the at fault driver for this amount and then attempt to collect the judgement. Like Uninsured motorist coverage, it covers lost wages, medical treatment expenses other out of pocket expenses and general damages including pain and suffering and mental anguish.

    Beware of “UM economic damage only” and so called “no-fault” or “choice” insurance.

    Beware of these types of coverage and be sure you fully understand the circumstances they apply to and what damages they will pay. Many of these polices do not provide coverage for all the damages you would sustain in an accident. For example UM economic damages only, will only pay for economic losses that are not covered by the at fault drivers liability insurance. The problem is that this type insurance does not generally compensate you for you bodily injuries or general damages such as pain and suffering or disability.

    Call our office for a consultation at (318) 227-1460. Click here for directions to our office.

• What should I bring to the consultation?

  • What should I bring to the consultation?

    When you come to the consultation bring the following things with you:

    Any accident report

    Names addresses and phone numbers of any witnesses

    All insurance policies that might apply, such as life insurance, accidental death insurance, or automobile insurance policies

    Names addresses and phone numbers of any witnesses

    Any receipts for medication,medical bills or medical records

    Any documents relating in any way to the conduct that resulted in the accident or injury

    Any letters or documents from any insurance adjuster

    All prescription medications

    Health insurance identification card and policy documents if available

    Birth Certificates of any children who were injured

    Call our office for a consultation at (318) 227-1460. Click here for directions to our office.