Welcome back to this “Dos and Don’ts” series, wherein I outline a few basic and general principles in a particular area of law. Todays’ series deals specifically with motor vehicle accidents (MVAs) and what you should do…..or don’t based on the possible perspective of New Orleans injury attorneys.
DO remember to call the police! One thing that I wish that my clients would do is call the police after they have been the victim in a car accident. A police man or a police woman can secure the accident scene, document injuries or insurance information, and, perhaps most importantly, give the person at fault a ticket for their negligent behavior. This ticket can be very valuable for you and your injury attorneys in the event of settlement negotiations and/or litigation. A ticket can serve as the contemporaneous opinion of a professional (the police) as to who was at fault for the accident.
DON’T forget about prescription. In the state of Louisiana, you have one year to bring a lawsuit from the date of the injury or the accident. There are some examples to this general rule, but for all intents and purposes you should act as though it applies to you if you are in an accident. If you wait until after a year, the “statute of limitations” is expired. Here in Louisiana, injury attorneys call the statute of limitations period “prescriptive period.” After this time period expires it may be impossible to file a lawsuit.
DON’T forget to go the doctor! A doctor needs to diagnose your injuries and also treat you for them. If you have soreness or other manifestations of injury, and you don’t go to the doctor for them, then the insurance company or defense attorney will be able to potentially argue that you did not have any injury at all for this time period. The argument is that injured people seek medical attention, and that those who don’t must not really be injured.
DO remember to hire this Metairie attorney! I cannot tell you how many times I have had clients walk into my office with the same complaint: they tried negotiating with the insurance companies themselves, but got nowhere. There are a few reasons for this, but perhaps the biggest is that most people (unless they are a lawyer) do not know how to file a lawsuit against the insurance company. Many insurance companies train their adjusters and other staff to make claimants and injured people feel like there is nothing that the insurance company can do. Unless you consult with a trained professional, they may succeed in convincing you! The fact is that insurance companies only employ this strategy because it works in making them money. Once you consult with someone who can bring the insurance company to court, watch and see how much more compliant they will likely become!
This article is not meant to be anything other than information on the law. For legal advice, please speak with a lawyer. Will Beaumont. New Orleans. For more information, contact a legal professional today.