Frequently Asked Questions: Personal Injury Lawsuits

December 22, 2014 @ 8:59 am

If I am injured on someone else’s property, are they responsible for damages?

As with most cases, the details of the lawsuit will dictate who is responsible for damages. In Louisiana, premises liability may cover damages depending on whether or not the property owner knew or should have known of the dangers on his/her property that caused the personal injury.

Why is it important to have uninsured motorist protection in Louisiana?

It is incredibly important to protect yourself in the event you are injured by an uninsured motorist. In such a situation, the only way you may get any compensation for your injuries would be to sue the person directly, which, more often than not, proves difficult. If you have uninsured motorist protection, your insurance company will assume the role of the negligent driver and cover your damages.

If I lose my job because of my personal injury, what happens to my health insurance?

If you work for a company that employs twenty or more employees, it is required under the Consolidated Omnibus Budget Reconciliation Act (COBRA) to offer a continuation of coverage for up to eighteen or thirty-six months for terminated or laid-off workers and their dependents.

The first personal injury attorney I spoke with does not think I have a case. Should I get a second opinion?

Of course. Two attorneys may view your case differently or one attorney may be more familiar with the parameters of your case than another attorney, which may allow him or her to view it as a valid case.

If I make a claim for a personal injury lawsuit for an accident that is not my fault, will my insurance rates go up?

No, they will not. Insurance rates increase for the individual who caused the injury or committed the wrongful act.

If I have a pre-existing condition, will my claim be recognized?

Louisiana law says that you “take your victim as you find them.” As long as the accident was a cause—maybe not the cause—that made the pre-existing condition worse by contributing to further injury, the claim will not be barred and the individual filing the suit can recover damages.