Answers to frequently asked questions regarding car accident injuries in the Northshore and Louisiana
Yes. If the other person is at fault and they have insurance, you are entitled to a rental car if your car will require a certain number of days to repair. We can help you through this process.
Make sure to:
We can help you with your car wreck case, from start to finish.
The other person's insurance company is not obligated to pay your medical bills "as you go." This means that you or your health insurance company are responsible for paying your medical providers as services are rendered. However, the medical bills are part of your claim against the at-fault party and their insurance company moving forward. Once a settlement or resolution is made with the at-fault insurance company, your medical bills should be part of that resolution. An experienced personal injury lawyer should make sure your medical bills are accounted for in any settlement.
If you have a maritime case, your employer may be responsible for paying your ongoing medical bills.
Your lost wages, time you miss to go to the doctor, and inability to continue working may form part of your claim against the at-fault party. It is important to document any time you miss from work. While we can't control your employer's actions, we can provide them with information from your doctor concerning your limitations and request proof from them regarding your lost wages. If you have short-term or long-term disability insurance, we can help you navigate through the process of filing a claim. Each person's situation is unique. We can help you through this process.
Not necessarily. Even if you file a lawsuit, the other party may still settle with you at any time during the process, without the need for a trial. However, when we file a lawsuit, we prepare for trial.
“You may not need to hire an attorney for your car wreck claim.” That’s something you don’t hear from those big-wig billboard attorneys! But it’s true. While hiring an experienced personal injury attorney is a great idea when an accident results in significant injuries and medical bills, “fender benders” can usually be handled without an attorney.
But even for small accidents, it is important to understand your rights BEFORE speaking with the insurance company. That’s where our CRASH COURSE comes in.
Here’s how it works: Give us a call at (985) 590-6182. We immediately schedule a 15-minute call to cover key information you should know BEFORE starting your insurance claim. Completely
FREE, CONFIDENTIAL, NO STRINGS ATTACHED.
Here are just a few of the topics we will cover:
• How to properly file a claim (what the insurance company will ask you and why);
• Your rights and responsibilities;
• How to get your car repaired and get a rental;
• How medical bills get paid and how to remain compliant with your health insurer; and
• Different insurance coverages you may not know about.
Physical trauma is not the only injury someone may suffer as a result of a car accident. In Louisiana, you may also be entitled to compensation for your emotional distress and mental anguish.
Many people also suffer non-physical damages as a result of an accident. A car wreck is a traumatic experience. In some situations, a victim of a car wreck may be afraid to get behind the wheel again, may feel claustrophobic, or even develop post-traumatic stress disorder. These are examples of emotional distress.
Another type of non-physical damage is mental anguish, which a victim of a car wreck may experience when, because of their injuries, they do not know how they are going to get their life back in order. A victim may worry about how they will pay their bills, whether they will lose their job, or feel deficient as a spouse or a parent. These are all examples of mental anguish.
One of the first steps in recovering money for harms and losses following an auto accident, pedestrian accident, or other personal injury is the filing of a claim with the appropriate insurance company or claims representative. The filing of a claim puts the insurance company on notice of the incident.
Once a claim is filed, the insurance company begins to collect information about the incident. They will then make a determination as to whether they are accepting responsibility for the accident or denying liability. The insurance company will also collect information related to the extent of the claimant’s damages. That is, how much the claim may be worth. This amount, sometimes called a “reserve” may increase if the person’s damages are continuing.
During the claims process, we provide the insurance company with evidence so that they can make a determination as to liability. Evidence can include police reports, witness statements, photographs, and videos. We also keep the insurance company updated as to our clients’ ongoing injuries and damages so that they can set their reserve appropriately.
Most importantly, at Grady J. Flattmann, Attorneys at Law, we keep our clients updated every step of the way.
Anyone can file and pursue their own personal injury claim without a lawyer. Whether that is a good idea or not depends on a variety of factors, including the severity of injuries and damage, whether the other person is admitting fault, and the interests of third parties such as medical providers, health insurers, and others.
Even minor accident claims can become complicated quickly. Just a trip to the ER can result in several medical bills and create a reimbursement interest from your health insurer, especially for people with Medicare or Medicaid. At Grady J. Flattmann, Attorneys at Law, we make sure that our clients’ claims are handled the right way, start to finish.
Also, remember that insurance company adjusters are trained to ask specific questions of accident victims in an effort to save money for the insurance company. Having an experienced personal injury attorney on your side to interact with insurance adjusters can be a major advantage.
If you are thinking of handling your own personal injury claim, please call us today. At Grady J. Flattmann, Attorneys at Law, we offer a free 15-minute “CRASH COURSE to help you better understand the ins and outs of your claim.
Give us a call today to schedule your free “CRASH COURSE” at (985) 590-6182.
Sometimes insurance companies deny car accident claims based on a lack of evidence to show which party was at fault for causing the accident. When liability (fault) is an issue in a car accident case, it is important to quickly identify and gather evidence to piece together how the accident occurred.
One of the first things we do when we are hired for a car accident case is to identify the evidence available. While the police report is not itself evidence, it typically contains very useful information, including a description of the accident, the identification of witnesses, and even diagrams of the wreck.
When we need more information as to how the accident occurred, we may visit the accident scene and take photos of the scene, and of any tire marks or debris. We also consider the damage to the vehicles and sometimes use an expert to download “black box” data from the vehicles.
Witness statements are also very important, and we may contact witnesses to better understand what they saw. In this day and age of modern technology, we also assess if there is any video of the accident, such as from a dash cam or other surveillance nearby.
We often get phone calls from injury victims who are not satisfied with their current lawyer and are looking to hire another law firm to handle their case. I always encourage those callers to contact their current attorney and schedule a meeting to discuss their concerns and to get a clear understanding of what is being done in their case. Most times, a simple meeting with their attorney solves the problem.
If a person is already represented by another attorney, we cannot discuss the specifics of their case with them unless they have discharged their present attorney. The primary reason is that doing so may compromise the attorney-client confidentiality they have with their current lawyer.
A client who fires their attorney should do so in writing. The client should also request their entire file so that their new lawyer can review it. It is important to note that firing an attorney does not mean that they will not be owed money at the end of your case. In fact, a fired attorney may have a claim for repayment of case expenses and for fees, depending on the amount of work they did prior to getting fired.
Communication with your current attorney is always encouraged prior to making the decision to switch lawyers.
The term “burden of proof” refers to the amount and type of the evidence you must show to legally prove that another party was at fault for causing a car accident. If you do not meet the burden of proof, you will not be successful in pursuing your claim.
Following a car or truck wreck, the at-fault insurance company will make its decision as to liability; that is, which party was at fault. It is important at that point to make sure they have been provided with sufficient facts to support your position.
If a car wreck claim becomes a lawsuit, Louisiana law requires the injured party to meet the burden of proving, through evidence, that the other party was at fault. This can include, among other things, of testimony from the parties, witnesses, and any investigators or accident reconstruction experts.
It is important to understand the difference between the burden of proof in a criminal case and in a civil case, which a car wreck case would be considered. In a criminal case, the burden of proof that must be met by the prosecution in order to convict a person is “beyond a reasonable doubt.” In contrast, in a civil case, the burden of proof that must be met is “more probable than not.”
An experienced car accident attorney is able to investigate, gather, and analyze evidence in a car wreck and make sure the insurance company receives information to properly evaluate an insurance claim. At trial, an attorney can help to make sure that everything is done to meet the burden of proving their case.
If you've been hurt in a car accident you need to speak with an experienced car accident attorney as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.
Injuries to the abdomen and stomach are common in serious car accidents, especially after head-on collisions. Seat belts, while lifesaving, can cause intra-abdominal injuries as a result of the force of the collision, including perforations of internal organs.
Seeking medical attention as soon as possible following an accident and accurately reporting all of your symptoms are extremely important. Medical providers may use CT-scans and ultrasounds to diagnose internal injuries so that they can be treated correctly.
Injuries to the chest and ribs are also common following car accidents, once again caused by the force of the body being restrained by a seat belt. It is not uncommon for our clients to report chest pain and even broken ribs following a serious accident.
While abdominal and chest injuries are common during car wrecks, it is undisputed that seat belts save lives! Buckle up and stay safe!
Dash cams are becoming more and more popular these days. Whether it is due to the desire to deter thefts or capture car accidents, a majority of new car buyers are now requesting dash cams on their vehicles. During the last few years, I’ve been seeing more of my clients’ accidents caught on tape than ever before. So, should you get a dash cam for your car? I say “yes,” but be careful if you do have a dash cam as explained below.
Dash cam footage can be great at proving fault during a car or truck wreck. This is especially the case when the at-fault driver denies liability or tries to lie about what happened. I’ve seen this several times in cases where, but not for the dash cam footage of a good Samaritan, my client would have been wronged by a driver who lied about what happened.
But, Be Careful…..
If you are at fault for causing an accident, be careful what you do with dash cam footage and certainly do not destroy it. If you do, the other party may claim that you purposefully destroyed important evidence.
If you've been injured and have your own accident on tape and need help using it to prove your claim contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Hammond, Lacombe, Pearl River, and Slidell.
Roundabouts (or traffic circles) are becoming more popular in the United States, and they have found their way to the Northshore (and in Covington especially). If you have driven in Hammond recently, you know that traffic engineers go nuts for roundabouts, but why?
According to the Federal Highway Administration, roundabouts are “proven safety countermeasures” because they can substantially reduce crashes, mainly by promoting slower speeds and reducing conflict points (ie. intersections).
Roundabouts are used in a counterclockwise direction. Vehicles entering a roundabout must yield to drivers already inside the roundabout, who always have the right-of-way over traffic entering the roundabout. Every entrance into the roundabout should have a yield sign for approaching vehicles.
Also, you should still use your turn signal, especially when exiting the roundabout. Finally, while you may want to be nice and let someone in, this may lead to accidents. The best thing to do is drive normally and do not stop while inside of the roundabout.
If you've been hurt in a car accident while in a traffic circle and need help contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Hammond, Lacombe, Pearl River, and Slidell.
If you have ever been home during the daytime, especially around the New Orleans area, you have seen countless lawyer ads on TV. Some are pictured on top of 18-wheelers, others jump in between two cars like superheroes and stop an accident from happening, and many are shaking hands and kissing babies. Some dance for you and some even shout AT you!
“Have you been in a wreck with an 18-wheeler and are now severely disabled?” You’ve heard this before. But what’s the point? Why are these TV lawyers advertising this way? Here’s the truth about TV lawyer advertising:
They want a lot of insurance: In Louisiana, the minimum amount of liability insurance a person must have to drive legally is only $15,000 per person (up to $30,000 per accident). That’s not a lot. In fact, Louisiana has the lowest amount of required liability insurance in the nation.
On the other hand, 18-wheelers and other big commercial vehicles are typically required to have large amounts of liability insurance, not just minimum coverage. TV lawyers know this and try to target people who have been involved in accidents with big trucks.
They want big injuries: The bigger the injury, the larger potential recovery in a personal injury case. If a person is permanently disabled, they may have very large lost earnings or lost future wage claims and significant future medical bills. TV lawyers have A LOT of overhead and want to target these cases in order to pay their bills.
Actors: Ever read the fine print below one of those ads? A lot of the time, the person who said they received the big check is not the actual client. They are an actor getting paid for pretending to be a client. While the ad must be based on a real case, as long as the TV attorney gets their ad approved (and pays money to do so), it is considered okay.
You got how much?: “He got me $400,000!” Wow, those big numbers are impressive. What they don’t reveal is the amount paid from that number, including the lawyers’ fees, case expenses, and medical bills. The client may have actually only gotten ¼ of that amount, but you will never know.
Our advice: Don’t believe everything you see. When hiring a lawyer for your car wreck, ask questions and check out real reviews. Interview the attorney to see if they are the right fit for you.
If you've been hurt in a car accident and are looking for a real lawyer with real proven results contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Hammond, Lacombe, Pearl River, and Slidell.
At Flattmann Law, we love our pets, especially dogs! To many, our dogs are part of our family, and it becomes common to bring our furry friends with us on the road. Whether it is in the back of a pickup truck or looking out the window of a car, we see dogs everywhere when we are driving. But it is important (for you, your pet, and fellow motorists) to remember some safety tips:
According to the American Automobile Association, over 80% of dog owners drive with their pets in the car. Only about 16% of them use proper safety restraints. Imagine a dog weighing 60 pounds. At just 25 miles per hour, the force of an impact from a car crash can cause an unrestrained dog to be projected forward at a force equal to 40 times its weight. Yikes! Do the math… Fido may make a 2,400 pound impact on your dash!
While I’m sure that old Hunter loves being in the back of your pickup and that Fifi and Fufu can’t get enough of the front seat, you never want anything bad to happen to your pets.
Did Bruiser just leave a present in the back seat? I know it is hard, but there is really nothing you can do about it until you park. Don’t try reaching in the back seat to take care of it while driving 70 down I-12. That’s going to be dangerous… nasty… and embarrassing if you get in a wreck.
If possible, make it clear to your passengers that they are in charge of the dog while you are driving. If your dog is super smart, just show them this article and maybe they will limit their barking to a minimum while you are focused on driving.
Have you been injured in an accident with your 4-legged friend and want an experienced law firm contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Hammond, Lacombe, Pearl River, and Slidell.
Not all car insurance claims become lawsuits. In fact, only a small percentage of insurance claims require the filing of a lawsuit. When a lawsuit has to be filed, however, sometimes a choice may be made between filing it in a Louisiana State Court or in a Louisiana Federal Court.
When a lawsuit has to be filed in Louisiana, a lawyer must decide upon the Court in which it may be filed. In a personal injury context, the decision is based on a number of factors including, but not limited it where the car wreck or incident occurred and the domicile of the parties, including the plaintiff(s) and defendant(s).
Louisiana has over 30 judicial districts around the State. Some of those districts may have 2 or more Courthouses. For instance, the 22nd Judicial District Court includes the St. Tammany Parish Courthouse and the Washington Parish Courthouse. In comparison, there are 3 Federal District Courts in Louisiana, namely the Eastern, Middle, and Western Districts.
Most of the time, car wreck cases that happen in Louisiana and involve Louisiana residents will be filed in the Louisiana District Court where the accident occurred. However, accidents involving residents of different states (ie. if one driver is from Louisiana and one is from Mississippi), then the accident victim may have the option of filing suit in State or Federal Court. So, what’s the difference?
One of the main differences is that Federal Court cases are usually automatically assigned a trial date and case deadlines soon after being filed. In comparison, cases filed in State Court usually require one of the parties to file a Motion with the Court, requesting that the Court set a date for trial and pre-trial deadlines. In State Court, many judges require that the parties have completed the discovery process prior to requesting a trial date.
Another big difference is the way Motions are handled. In State Court, if a party files a Motion during a lawsuit, the Court sets a hearing date, and the parties submit written briefs and then argue before the Court. The Court then decides on the Motion. In Federal Court, Motions are typically submitted on the briefs alone, without the need for oral argument (unless one party requests it).
The process of deciding upon the proper Court in which to file a lawsuit can be complicated and typically requires legal strategy by a skilled trial attorney.
At Flattmann Law, we handle cases in both Louisiana State and Federal Court. If you've been injuried and need a skilled trial attorney contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Hammond, Lacombe, Pearl River, and Slidell.
Did your attorney even take the Louisiana bar exam? If they did, was it the "express version" or the regular version? Did you ever think you would have to add these to your list of questions to ask a potential lawyer? Yikes!
The Louisiana Supreme Court decided (by a vote of 4-3) to allow those registered to take the July and October, 2020 bar exams and otherwise qualified (ie. graduating law school) to automatically "earn" a law license. This covered over 500 new Louisiana lawyers. Waiving the bar exam is something that hadn’t happened since the Korean War, nearly 70 years prior.
About 30%-35% of applicants fail the bar exam every year. In the period prior to the exemption (July, 2019), pass rates were as follows: LSU (84.38%); Tulane (76.67%) Loyola (70.80%); and Southern (51.13%).
3 Justices disagreed vehemently with the Supreme Court's decision, saying that the state would be licensing unqualified attorneys who may be unfit to serve the public. Justice Genovese asked "What other professions are allowing a professional license without testing?"
In my opinion, the decision to license attorneys without having to pass the bar exam may intensify the public’s already scarred perception of the practice of law and unleashes potentially unqualified lawyers on the unsuspecting general public. It also doesn't do any favors for those new attorneys, who will always have an asterisk by their name when seeking jobs and representing clients. My advice to those new attorneys: Sit voluntarily for the bar exam as soon as possible to separate yourself from the rest of the pack.
If you are looking for a qualified car accident attorney to review your case contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Hammond, Lacombe, Pearl River, and Slidell.
Louisiana, like a lot of states, has a legal theory called the “last clear chance doctrine.” This means that drivers have a duty to take reasonable action to avoid being in a wreck. If the driver does not take reasonable action, then the other party to the wreck may have a claim (or defense) against him for causing or contributing to the accident.
For example: Bill is backing out of a Rouse’s parking spot without looking behind him to see if anyone is coming. Gary, who is looking for a spot, sees Bill backing out but instead of stopping, tries to quickly scoot around Bill. The two collide. Even though Bill was negligent for failing to look behind him before backing, Gary had the opportunity to stop and avoid the accident. In this instant, it would have been reasonable for him to do so. Thus, if Gary filed a claim against Bill for negligence, Bill could defend himself by arguing that Gary was also negligent in failing to stop.
Have you been injured in an accident and want a personal injury law firm that will help you every step of the way contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Hammond, Lacombe, Pearl River, and Slidell.
When you move, there are lots of things to remember… changing your address on bills, transferring subscriptions to the new address, forwarding your mail, etc. But one thing that can be easily forgotten in the shuffle is letting your insurance company know about your new address.
The short answer: Because they can refuse to cover you if you are in a car wreck and failed to change your address. Wouldn’t that be horrible! You may not remember this, but the contract you signed when you first purchased auto insurance policy (the policy itself) probably included a section requiring you to inform the company of any moves. If you don’t tell the insurance company of your new address within a certain time, you could be in violation of your insurance contract.
Insurance companies charge premiums based on a number of factors, including your geographic location. For instance, if you moved from an area with a lot of people and a lot of car accidents, to a more rural area where less accidents occur, your premiums may be reduced. Insurance companies want to make sure they are charging you proportionately with the amount of risk they are taking by insuring you in the correct location.
In this case, it is EVEN MORE IMPORTANT to inform your auto insurance company of your move. Not only will this effect your premium, but different states have different laws when it comes to the types and amounts of auto insurance coverages drivers have to maintain. For instance, if you move to Louisiana from Mississippi the law would not require you to have as much liability insurance as you did while in Mississippi.
If you have been injured in an accident with a driver whose insurance is denying cover contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Hammond, Lacombe, Pearl River, and Slidell.
After a car wreck, it is generally a good idea to use your health insurance for medical treatment, including the hospital emergency room, general practitioner, orthopedist, and all other providers. That is because the at-fault party (or their insurance company) are not required to pay your medical bills as you incur them. Rather, those bills should be included in any settlement you may reach in the future. By going through your health insurance, you avoid racking up expensive medical bills and being directly responsible to providers.
As discussed in other articles, it is very important to remember that your health insurance company likely has a claim for repayment of any medical expenses they paid out and will put their hand out for reimbursement out of any settlement you may get in the future. You may even receive a letter in the mail from your health insurance company asking about the wreck.
But why did your health insurance company refuse to pay or stop paying for car wreck-related medical bills? This usually happens for one of a few reasons.
First, if you ignored their letters asking questions about the accident, your health insurer may say that you are not cooperating with them under the terms of your insurance contract and will therefore refuse to pay for your medical expenses. That’s why it is important to keep them in the loop during your car accident claim.
Second, sometimes a health insurer will stop paying medical bills when they believe you have other (primary) insurance to pay for those bills. This may include medical payment (Med-Pay) coverage through your auto policy, or, if the accident is work-related, where workers compensation may be responsible for medical bills.
If your health insurer is refusing to pay for wreck-related medical bills, it is important to get in touch with them to understand why they are refusing to pay. If they incorrectly assume that you have Med-Pay coverage or that your claim is going through workers compensation, you will want to correct them.
If you have been injured in an accident and are having trouble with health insurance paying medical bills contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Hammond, Lacombe, Pearl River, and Slidell.
Hiring the right attorney, especially in a major personal injury matter, is a very important decision. It can mean the difference between the monetary outcome of your case, the length of time your case will take, and your experience throughout the process. You want to make sure you are choosing an attorney who is qualified and has experience in the type of law you require. If you want real feedback from real people, be sure to check out the attorney’s reviews before making that call!
Ever see the fine print disclaimers on the bottom of Lawyer advertising: “paid spokesman” or “dramatization.” Lawyer advertising is targeted (by the law firm’s advertising department) to catch your attention and embellish results and outcomes.
By contrast, google reviews are from real clients who are sharing their experience with the attorney or law firm. At Flattmann Law, we take great pride and are humbled by all of our reviews.
Detailed reviews can be especially helpful in choosing the right attorney. If a lawyer’s reviews all talk about how great of a family law attorney they are, and mention nothing about car wrecks, then he or she may not be the right personal injury attorney for you.
Lawyers can have strong personalities. Some clients want an attorney who seems angry and out for blood. Some would rather an attorney who is calm and under control. Some want someone in-between. A major personal injury case can take a long time. That means a long relationship with your car wreck attorney, and just like in any relationship, making sure you are comfortable with your lawyer is important. Reading reviews can give you a sense of the attorney’s personality and whether you will be comfortable with them throughout the course of your case.
If you have been in an accident and searching for a car wreck attorney who is right for you, check out our google reviews. When you are ready contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Hammond, Lacombe, Pearl River, and Slidell.
“I don’t want to waste anyone’s time, but I just don’t know if I need to hire you or not.” We hear this from potential clients on a consistent basis.
If you are wondering if you need an attorney for your car wreck case, they answer is “most likely, yes.” We have an inherent sense of knowing if we are getting in over our heads, and a car wreck claim is no different. It may start out simple enough – calling the insurance company to report claims, getting the police report, going to the doctor. But it can soon become overwhelming and confusing. Medical bills start coming in, your health insurance company is asking about the accident, insurance adjusters want to take your “recorded statement,” and your car repair and rental are not going as smoothly as you thought.
All the while, you are trying to go about your normal life, but you have this nagging car wreck claim to deal with, sooner or later. If this sounds familiar, you probably need to hire a skilled personal injury lawyer to help.
If you were injured or received medical treatment because of a car accident, things like medical bills and insurance coverage can get complicated quickly. Understanding the types of insurance claims you have and your rights to recovery are also important.
Sometimes an insurance company will offer a quick settlement, typically along the lines of “medical bills” and a certain amount of additional money. Here’s the problem: Are they talking about your full medical bills, your out-of-pocket deductibles/copays, or how much your health insurance paid? Also, what about future medical bills that might pop up? How do you know how much they may cost? If you have any of these concerns, it may be a good idea to contact a personal injury lawyer.
Believe it or not, in the first 30-seconds of a conversation with a potential client, we can usually tell if we would be of service to them. A quick phone consultation can typically help answer important questions about your case, even if you don’t end up hiring us. “Is this right?” “Is the adjuster being reasonable?” “How long does that normally take?” “Why are they being so difficult?” These are all common questions we can likely answer during a short initial phone call.
It is okay if we are not the right law firm for you or if you end up not needing our services. If we can provide assistance with a quick call or consultation to help you navigate your car wreck claim yourself, that would be great! While we may follow up with you to check on your progress, we will NEVER be pushy. Quite simply, we want clients who hire us to be completely comfortable in our representation of them.
At Flattmann Law, we are not pushy. If we are not right for you, or if you don’t need us, we will tell you! If you have been in an accident and have questions about your car wreck claim contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Hammond, Lacombe, Pearl River, and Slidell.
Ever wonder if some days or times are safer to drive than others? If you are like me, there are days I come up and tell my wife: “It seems like all the bad drivers are on the road today!” Is that a coincidence? Turns out it is NOT!
According to the National Safety Council (Injury Facts), the number of fatal crashes is more frequent on weekends, peaking on Saturday. The number of nonfatal crashes is higher on weekdays, peaking on Friday. For both fatal and nonfatal wrecks, the peak time of day was 4 p.m. to 7:59 p.m., but vary depending on the time of year. In general, less fatal crashes occur in the morning and increase later in the day and into the evening hours.
During the COVID pandemic, crash statistics were largely sporadic given people’s jobs, crazy store hours, lack of school, etc. Now that things are getting back to normal, so are crash statistics. Typically, less miles are traveled in January and February and steadily increase through July. As a result, traffic deaths were lowest from January to March and elevated from May through October.
You would think that with fewer people on the road during the COVID pandemic, the rate of crashes and fatalities would have decreases. Surprisingly, this was not the case. In fact, in 2020 the number of crash deaths increased by 8% despite an 11% decrease in the amount of miles driven. In 2021, the number of deaths increased by an additional 11%.
Researchers blame the increase in traffic deaths in 2020 to three factors: (1) An increase in alcohol-impaired driving; (2) an increase in speeding; and (3) an increase in unrestrained vehicle occupants.
Let this be a lesson to all of us that just because there may be fewer people on the road, whether it be on a Sunday morning or during a pandemic, we should never let down our guard while driving!
No matter what day or time your accident happened contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Hammond, Lacombe, Pearl River, and Slidell.
Most people have heard the term “GAP insurance” and may have been told that they don’t need to get it when purchasing a vehicle. You may have been told that GAP insurance is something the car dealership is offering you just to make a little more money. But before you decline it, let’s go over a few things.
GAP insurance is an optional insurance you can purchase when you buy a new vehicle. It is often offered to you at the dealership along with things like extended warranties when you are filling out the sales paperwork and/or applying for a car loan.
In the event of the loss of your vehicle (typically as a result of a wreck), GAP insurance covers the difference between what you owe on the vehicle and what the auto insurance company is paying.
As stated above, GAP insurance comes into play if your car is totaled and your car loan is more than the amount the car insurance company is paying you for it. Say for example you total your vehicle in a car accident a year after purchasing it and at that time, you still owe $20,000 on your loan. Since your car started to depreciate as soon as you rolled off the lot, it may only be worth $15,000. After the car insurance company pays the loan company $15,000, you still owe $5,000. If you have GAP, your GAP insurer will pay the $5,000 difference on your note.
In the scenario above, if you didn’t have GAP, you would be stuck owing the $5,000 difference. That’s because, in Louisiana, the law only requires the at-fault insurance company to pay the Actual Cash Value “ACV” of your vehicle after a total loss. The ACV and the amount you may owe on your car note are TWO SEPARATE THINGS. In short, the at-fault car insurance company doesn’t care how much you owe on your vehicle.
You likely don’t need GAP insurance when the Actual Cash Value of your vehicle is more than what you owe on it. If you are uncertain about this, or if the amount you owe on the vehicle is close to its current value, you may want to consider GAP.
Good news! Even if you originally declined GAP insurance when you purchased your vehicle, you can probably add it if you still have a car loan and your vehicle hasn’t been wrecked. You can call your original dealer to see if GAP is still available through them, or you can call your own auto insurance company to see if they offer GAP as an optional coverage on your insurance policy.
If you have been injuried in a car wreck and have questions about how your GAP insurance works contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
Knowing how to spot a dangerous driver in front, behind, or around you, can greatly reduce your chances of being involved in a serious wreck, especially if you know what to do when you spot them.
“You know it when you see it.” Typically, spotting bad drivers is pretty easy, and at least for me, when I do, I automatically try to distance myself from them. So, what are some of the warning signs of a bad driver near you?
Excessive speeding. Ever have a car fly past you on the causeway, obviously going way over the speed limit? These drivers usually have overinflated confidence in their driver ability and can get in trouble quickly when unexpected obstructions appear in front of them.
Going way below the speed limit. From one extreme (excessive speeding) to another (driving too slow). Everyone wants to slow down and take in the scenery at times, but driving on the highway is not one of those times. Whether it is on Hwy 21, Military Rd., Hwy 25, or Hwy 190, these drivers usually believe (incorrectly) that driving slow decreases the chance of accidents. In fact, slow driving can be just as dangerous as speeding.
Riding the brakes. Ever drive behind someone whose brake lights keep coming on, even on straightaways where there are no red lights in site? These drivers are typically unsure of their own driving abilities, don’t know where they are going, or both.
Not going when the light turns green. A tell-tale sign that someone is not paying attention (and probably looking at their phone) is when the light turns green, and seconds go by without them going. What’s really bad is when there are two lanes and NEITHER driver goes when the light turns green because BOTH are on their phones. Yikes!
Weaving in and out of traffic. I’m sure you have seen drivers on Hwy 190 weaving in and out of traffic, acting like they are in the Indy 500! What’s funny is when you come to the next red light and that driver is no further along for his efforts. While this driver may have the skills of Mario Andretti, he is likely not accounting for the unpredictable actions of the motorists around him, leading to an accident.
Riding too close. I love that bumper sticker: “If you are close enough to read this, you are too close.” This driver has obviously disregarded the two or three-second rule (leaving enough distance between you and the driver ahead of you to allow 2-3 seconds to go by). Unfortunately, a human’s typical reaction time (the time it takes from perceiving a threat to braking) is about 1.5 seconds, so the tailgater is bound to get into trouble sooner or later.
So, what do you do if you encounter any of the dangerous drivers listed above? There are several steps you can take in order to help avoid an accident.
First, distance yourself. If you spot a dangerous driver around you, do as you would with a bad relationship and start distancing yourself (literally) from the bad driver. This doesn’t mean slamming on your brakes. Instead, if the driver is in front of you, slowly allow distance to build up between you so that you won’t be a part of any accident they may cause in front of you.
If you are starting to get annoyed with a slow driver or someone riding their brakes, use extreme caution if you choose to pass them. Remember, they may be lost or looking to turn. If you find yourself getting really frustrated, maybe it is time to safely pull over and allow that set of vehicles to go by before getting back on the road.
If a driver is following you too closely, don’t slam on your brakes to prove a point! Nothing good will come of that. Instead, if you are on a multi-lane highway, put your turn signal on and change lanes, allowing them to pass. If you can’t change lanes and you are worried that they are really getting too close, pull over at the nearest exit. Even if this slows you down, a brief delay is better than getting in an accident.
Finally, if you see a driver whom you suspect is drunk or is driving erratically, call 911 and report them. Hopefully the police can intervene and prevent a serious accident.
If you have been involved in a wreck caused by a dangerous driver, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
There is an amazing amount of information out there in cyberspace! When Flattmann Law is hired to represent a client with a car accident claim, it is not uncommon for us to take to the internet for some initial research and investigation.
Even for car wrecks that may seem straightforward (like rear-end collisions), we typically use sites like Google Maps to get a better idea for the accident scene. We look at intersections, locations of stop signs and traffic lights, distractions, etc. If we have the information before an initial client consultation, we sometimes print out maps so that we can have our client point out exactly where an accident happened. We want to make sure we understand exactly what happened so that we can represent our clients most effectively.
It is amazing how much personal information people post on social media. Not only do criminals collect (or mine) the data placed on social media, but after a major car wreck case, insurance adjusters and their investigators may also be collecting that information. In fact, when we take a case, one of the first things we tell our clients is to be careful what they post, as a photo, video, or statement may be misconstrued and used against them later on.
When we are working on a big personal injury claim, we may search social media sites, including Facebook to see what information our clients have posted publicly. We look for pictures, videos, and anything else which may be used against them in their case.
If a car wreck claim involves a company vehicle, we may need to search online for the company’s corporate information, including whether they are registered with the Louisiana Secretary of State. When we file a lawsuit, it is important to get information regarding the company’s registered agent for service. This is especially true for insurance company defendants, whose information may be found on the Louisiana Department of Insurance’s website.
For 95% of our cases, we are able to obtain police reports for car wrecks online. Sometimes, depending on the accident, the police also take pictures of the scene which are available to purchase.
In some cases requiring substantial research, we may submit public records requests (or Freedom of information requests) to different public entities via online portals. For instance, a public records request may be issued to the State of Louisiana for traffic camera footage.
If you have been injured in a car wreck in Covington or surrounding areas, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
Insurance companies sometimes hire investigators to spy on car accident victims who have filed car accident claims. Typically, insurance companies only do this if the potential value of a car wreck claim is big enough, since the cost of hiring investigators can be pricey. Most insurance companies have their own, “in-house” investigators whose job it is to gather information on accident victims, hoping to show that the claimant is engaging in physical activity contrary to their injury claim or doctor’s recommendations.
Insurance companies hire private investigators to get information on a claimant in order to discredit them or devalue their claim. If a car wreck claim involves a serious injury, investigators look online for social media posts showing our client participating in physical activities. If a client is claiming that a car accident caused emotional distress, the investigator will look for Facebook posts where our client appears to be having fun or socializing.
Of course, a snapshot of a Tweet or a photo from Facebook, in themselves, can be taken out of context very easily. And, that’s exactly what the insurance company relies on.
The extent of an insurance company’s investigation or surveillance of an accident victim can range from simple online searches, including google and social media searches, to in-person spying.
Most of the time, the insurance company will not reveal whether they have done any surveillance on our client until they have to exchange “impeachment” evidence before trial (that is, evidence that someone is lying). In our practice, in almost 20 years, we have received only a handful of surveillance videos from insurance companies, allegedly showing our clients doing something they shouldn’t have been doing.
For instance, one video was taken in the parking lot of a grocery store and showed our client lifting a case of water into his truck. The insurance company argued that he was not following his doctor’s orders, which restricted lifting to 40 pounds. We were able to prove that the pack of water weighed only 35 pounds and pointed out that at the time the video was taken, our client was frantically preparing for a hurricane which hit later that night.
First of all, we tell all our clients to expect the insurance company to search their social media posts. Social media posts can be taken out of context very easily. A simple statement like “I’m doing fine” can be misconstrued to diminish the fact that the person is going through severe pain from a car accident.
If you think you are being followed by a private investigator, be extra aware of your actions, including any physical restrictions from your doctor. Keep notes on when you were followed and a description of the person following you, including their vehicle information. If it is safe and you are able to do so, take photos and video of them! Give all of this information to your attorney so that they can follow up with the insurance company and request surveillance information.
If you don’t feel safe, or if the person following you invades your personal space or crosses the line by trespassing on your property, call the police and report them.
If you have been injured in a car wreck, and wondering whether the insurance comapny is investigating your car wreck claim, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
A T-bone collision refers to a car accident when one vehicle hits another in the side, forming the shape of a “T.” T-bone accidents can result in serious injury, since the driver or passenger of the vehicle incur a direct hit from the side. So, how do you avoid being in a T-bone collision?
T-bone wrecks occur at intersections, with one vehicle typically running a red light or stop sign. When approaching an intersection, take time to observe the traffic coming from the approaching cross-street. Is traffic stopped, or is there a car that looks to be accelerating, trying to beat their light?
I can’t tell you how many cases we have handled where the at-fault driver claims to have been “waved” through by another driver, just before crashing into our client. This often occurs when vehicles are exiting parking lots onto busy streets. So, how do you avoid becoming a victim?
When driving past a line of cars traveling in the opposite direction, be alert for gaps in the line near parking lots, where someone in the parking lot may try to jet across. If you can’t see if someone is trying to come out of a parking lot, slow down so that you can avoid an accident if they dart out in front of you.
If you have two or more lanes to choose from while driving down a busy street with lots of driveways entering from the right side, safely switch lanes to the outer-most (probably the left) lane. In doing so, you create more space between you and vehicles entering the roadway, decreasing your chance of getting hit by those vehicles.
“Yield on green” intersections are those when traffic in both directions have a green light, but oncoming traffic has the option of making an “unprotected” turn in front of you, only if it is safe to do so (ie. they must yield to oncoming traffic before turning). These intersections are dangerous because the person looking to turn may not remember that they must yield to oncoming traffic, automatically associating a green light with a green turning arrow, which they don’t have.
T-bones at yield on green intersections are especially common because the turning vehicle usually turns very quickly without stopping first, giving oncoming traffic very little time to react in order to avoid the collision.
If you have been injured in a T-bone collision, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
One of the most common misconceptions of car accident victims is that the at-fault car insurance company should be paying medical bills as they are incurred. Unfortunately, while the at-fault insurance company is ultimately responsible for your damages, including medical bills, they do not have to “pay as you go.”
For car accident cases in Louisiana, there are usually two different claims involved: (1) the property damage claim, which includes damage to your vehicle; and (2) the injury claim, which involves damage to you, including your medical bills.
For the property damage claim, the at-fault insurance company is legally required to adjust your claim and pay for property damages within a certain amount of time after they are presented with adequate proof of loss.
For your injury claim, while the at-fault insurance company may ultimately be responsible for your medical bills, they are not legally required to pay them as they come in. Instead, they are usually interested in settling all of your injury claims, including medical expenses and general damages, all at once.
It is not uncommon for our clients to report that they listed the other person’s auto insurance as the responsible party for payment at the Hospital Emergency Room. This is a mistake. First, the hospital (or any medical provider) has no right (or way) to bill the other person’s auto insurer directly for your bill. While the accident may not be your fault, you are responsible for any medical bills stemming from it.
It is a good idea to use your health insurance following a car accident, as doing so will reduce the amount of your medical obligations. If you don’t use your health insurance, medical providers may try to bill the entire medical bill directly to you and it will remain your responsibility, even if you are the victim of a wreck.
By using your health insurance, you enjoy the benefit of contracted discounts and should only be responsible for your deductibles or copays. However, it is important to know that the health insurer has the right to reimbursement in the event you settle your auto wreck case with the at-fault insurance company. Therefore, it is important to keep your health insurance company updated on the status of your auto claim. It is also important to understand the ins and outs of your health insurance company’s right to reimbursement.
Once our client has recovered from their injuries, we gather all of their medical records and medical bills. Their medical bills become part of their personal injury claim and are factored in when negotiating a settlement with the at-fault insurance company.
Once a settlement is finalized, a portion of the settlement funds are used to pay any remaining medical bills and, if applicable, to reimburse our client’s health insurer. At Flattmann Law, we always provide our clients with a detailed breakdown of how settlement proceeds will be distributed, PRIOR to a settlement being finalized. That way, there are no surprises.
If you have been injured and have questions about big medical bills following an accident, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
Did you get a letter from your health insurance company after being in a car wreck? Is it asking you to “tell us about your medical treatment for your injury” or “did you have medical treatment for an injury or illness that someone else may be responsible for payment?”
It is important to respond properly to this letter. Ignoring it may result in your health insurance company denying payment for medical treatment.
If you receive medical treatment after a car accident, the medical providers, like an ER, usually input special codes while billing your health insurance. These codes are picked up when your health insurance processes the bill, alerting them of a potential accident. When your health insurance company sees that you may have been in an accident, they automatically send you a letter requesting more information.
Your health insurance company wants to know more information about your wreck for a few reasons. First, if you settle your car wreck claim, they may have a right to be reimbursed from the at-fault insurance company for any wreck-related medical payments made on your behalf.
Second, your health insurance company wants to know if you have any other insurance available to pay your wreck-related medical bills, before they pay. For instance, “medical payment” (“med-pay”) coverage under your own auto policy is meant to pay wreck-related medical bills.
No. Just because you were in a wreck doesn’t mean that your health insurance company will stop paying your medical bills. They are still contractually obligated to do so. However, if you other sources available to pay medical bills (like the “med-pay” coverage discussed above), you will need to prove to your health insurance that those sources have been exhausted before they continue paying.
If you ignore your health insurance company’s inquiry letter, they MAY STOP paying your medical bills. This is because your contract with them requires you to cooperate in their investigation of any claim, including those stemming from car wrecks.
You should be truthful in your response to your health insurance company in letting them know about the wreck. If you do not have “med-pay” coverage or if your “med-pay” has been exhausted, it is important to let them know that, so they do not stop paying your medical bills.
Be careful describing your injuries, as the at-fault auto insurance company may see your response later and hold them against you, especially if your reported injuries do not match your current complaints.
If you have been injured in an accident and received a letter from your health insurance compnay about a wreck and have questions, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
With ride-share services like Uber and Lyft becoming more popular, wrecks involving ride-share vehicles are also more common. While the insurance claims process is similar to a regular car wreck, there are a few differences in the way you should handle claims with Uber and Lyft. In this article, we explain how ride-share claims are different and provide a few tips for protecting yourself.
Like any accident, responsibility for damage and injuries resulting from a wreck belongs to the driver who caused the wreck. Normally, the at-fault driver’s personal auto insurance would be liable for the insurance claim. However, for wrecks involving ride-share vehicles, the driver’s personal insurance will probably not apply. That’s because personal auto insurance typically excludes drivers who are in the course and scope of a business mission or specifically, participating in a ride-share or “for-hire” service at the time of the wreck.
Thus, for wrecks involving a ride-share vehicle, insurance claims will usually be filed through the service itself, such as Uber or Lyft.
Ride-share services such as Uber and Lyft usually provide insurance coverage for wrecks involving their drivers. However, the amount of available insurance may depend on the “status” of the Uber driver at the time of the wreck.
For instance, at the time of this writing, if the Uber driver was “available or waiting for a ride request” at the time of the accident, Uber provided liability coverage of $50,000 per person, up to $100,000 per accident, and $25,000 for property damage (50/100/25). If the Uber driver was “en route to pick up riders” or in the middle of a trip, Uber provides up to $1 Million in liability coverage.
This means, it is important for you to take note of things at the scene of the accident, such as whether the driver had passengers in his vehicle, or if the driver said he was on his way to a pick up.
With ride-share accidents, the insurance claims process is very similar to a regular car accident, with the exception that the initial claim is usually filed directly with the ride-share service. Some of the bigger services, like Lyft and Uber have online claims processing options. Once a claim is filed, the ride-share company sends it to their insurance company for further handling.
Other Tips (Take Photos and Video!):
For a wreck involving a ride-share vehicle, it is very important to collect information at the accident scene about the at-fault driver and their vehicle. If possible, take photos of important evidence including:
Getting this evidence will help get your claim processed more quickly and will support your insurance claim moving forward.
If you have been injured in an accident with a ride-share vehicle and have questions as to how the process works, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
In Covington, everyone knows that the most direct way through town is Boston Street. At Acquistapace’s, Boston Street curves and eventually becomes West 21st Avenue, where our office is located. When we have power issues in Covington, it seems to immediately affect the traffic signals on Boston Street, causing heavy traffic and long delays. One of the biggest reasons for the traffic congestion is motorists doing their own thing at intersections, rather than following traffic rules.
When the power goes out, the traffic light control system senses a malfunction and typically reverts to flashing signals. This is the case on Boston Street, where during a power outage, the lights change to flashing yellow going up and down the street. On the cross streets, however, the lights change to flashing red.
Flashing yellow means that drivers should proceed through the intersection with caution (La. R.S. 32:234). By contrast, flashing red requires drivers to stop before entering the intersection. Finally, if a traffic signal is out completely (no flashing lights at all), the intersection must be treated as a 4-way stop.
When the lights on Boston Street go out, traffic usually builds up because of drivers doing different things at the flashing yellow lights. Some obey traffic rules and proceed with caution, as they should. Others choose to stop at the flashing yellow lights, either because they don’t understand the rules or are trying to be nice and let in traffic from the side street. This creates confusion (and a dangerous situation) for motorists and impedes traffic flow.
We certainly don’t discourage kindness. But driving in heavy traffic is neither the time nor place to stop short in order to “wave” someone through from a side street. Most drivers get into trouble because they expect those around them to follow traffic laws, like proceeding with caution (not stopping) at flashing yellow lights. When a driver does something different, like stopping at a flashing yellow light, this may lead to accidents.
If you have been injured in an accident during heavy traffic and want to know your rights, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
We often get calls from car accident victims reporting that the at-fault insurance company is offering to settle with them for “up to” a certain amount of their medical bills. Depending on the extent of injuries, this may sound reasonable, but in reality, the insurance company’s offer is meaningless. Worse yet, it is a trick by the insurance company to see if they can get you to settle quickly.
The insurance company’s offer will only extend to medical bills which they decide to be caused by the car wreck. You may not agree with their determination. For instance, if you went to the chiropractor for 6 months after a wreck and incurred $6,000 in medical bills, you will still have to prove that all 6 months of chiropractic treatment were related to your wreck and necessary. Under its agreement to pay medical bills, the insurance company may determine that only 4 months were necessary, leaving 2 months unpaid. Another example may be massage therapy bills, which helped with your recovery but may not be recognized by the insurance company. In short, if you accept the insurance company’s offer, they (not you) get to decide which medical bills to consider.
Does the insurance company’s agreement to pay your medical bills mean that they will pay the “sticker price” of the bills (the amounts actually charged)? Or does it mean that they will pay only the amount you are responsible for, like the deductible or copay amount? These are questions you should ask before accepting any settlement.
Also, remember that if your health insurer paid for any wreck-related medical bills, they may have a claim for reimbursement from “any settlement.” Therefore, before agreeing to any settlement, you should make sure you understand your health insurer’s reimbursement rights and interests and how the at-fault insurance company is addressing those.
It is important to remember that your car accident insurance claim includes not only your medical expense, but also damages for your pain and suffering, inconvenience, anxiety, lost wages, and other things. Typically, when an at-fault insurance company offers to pay up to a certain amount for medical bills, they also throw in a small offer (like $1,000) for “everything else.”
Generally, if you have thousands of dollars in medical bills and the insurance company is offering you a small amount for “everything else,” something is not right!
The insurance company knows that you have medical bills piling up and that’s why the offer to pay up to a certain amount is tempting. But beware! This will be a final settlement. If your medical bills (past or future) end up exceeding the amount the insurance company agrees to pay, you will be stuck holding the bag and will be unable to bring any additional claims. Agreeing to their offer will also restrict you from pursuing any other claims for general damages, like pain and suffering.
If you have been injured in an accident and received an offer from the insurance company and have quesions about how it works, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
After an accident, it is very important to obtain a copy of the police report. The report should contain information about the other driver, their insurance coverage, and other details about the accident which will be important for your accident claim. If an accident happens in St. Tammany Parish, how you get the report depends on the law enforcement agency that responded.
But, before you go through all the trouble of tracking down the report, give us a call! At Flattmann Law, we offer a FREE report review, regardless of whether you decide to hire us.
As discussed in some of our other articles, we highly recommend that you obtain all of the information you can at the accident scene, including photos of the accident scene and the other driver’s license, insurance card, and registration. While the police officer will tell you that all of that information will be in the report, the report may take weeks to become available. In turn, if you have to wait on the report, you may not be able to make any progress with your insurance claim in the meantime.
Make sure to note the law enforcement agency that responded to the accident (ie. St. Tammany Parish Sheriff, State Police, Covington PD, etc.). Also make sure to ask for the “Item” or report number. This will help identify the report when it is available.
How to obtain the report depends on which agency responded. Most reports can be obtained online, but keep in mind that police reports can take a week or more to become available. Our advice is that you start checking online, starting the day after the wreck and even call the agency to make sure you have the correct police item/report number. Below are links to several of the most common agencies that may respond to St. Tammany Parish car accidents:
Reports from the following agencies can be obtained through Lexis Nexis at: https://policereports.lexisnexis.com/ui/home
Before you go through the trouble of tracking down the accident report, call us! We will review your report with you FOR FREE, regardless of whether you decide to hire us for your car accident case.
If you have been injured in a car accident in St. Tammany Parish, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
After you report a wreck to the insurance company, they will assign a single claim number that you will use to reference for the entire time your claim is open. But did you know that you actually have 2 separate claims and that the insurance company has different rules for handling them?
After you report a wreck to the insurance company, they will assign a single claim number that you will use to reference for the entire time your claim is open. But did you know that you actually have 2 separate claims and that the insurance company has different rules for handling them?
In a minor to moderate car accident case, most people’s immediate concern is the damage to their vehicle and how they will manage to get around without a car. These items (damage to your vehicle and alternate transportation/rental) are considered part of your Property Damage claim.
A property damage claim is separate from your personal injury claim. If you were injured or even if you just got checked out at the emergency room or urgent care, you have a personal injury claim. These claims include medical bills, lost wages, and “general damages,” which include things like pain and suffering and inconvenience.
The rules for dealing with property damage claims are different than personal injury claims. In Louisiana, the insurance company has a certain amount of time to adjust and pay a property damage claim. (Side note: check out our video about “adequate proof of loss” for property damage claims).
In contrast, the insurance company does not have any legal time limit for adjusting or paying for your personal injury claim. Yep, even that ER bill you sent them…don’t hold your breath. BUT, in Louisiana we (the accident victims) have a deadline of one year following the date of the accident within which to resolve our personal injury claim or file suit in order to preserve it.
If you have been injured in a car accident and want to find out more about the claims you have following a wreck, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
When a teenage driver is involved in an accident, the presumption is typically that they were responsible for causing the wreck. It’s one of those unfair stereotypes and it is even more prevalent for male drivers. At Flattmann Law, we have seen examples of this scenario over and over again. So, how can parents help advocate for their teen drivers, both at the accident scene and during the insurance claims process?
Advocating for your teen driver begins way before an accident happens. One tip is to equip the car your teen will be driving with a dashcam. Video footage proving that the other party was at fault can save a teen from being falsely blamed for an accident, especially when the details of the wreck are not straightforward (ie. a green light/red light scenario).
Another tip for parents is to talk to prepare their teen regarding what to do if an accident happens. After a wreck, teens are often shaken up, even more so than older drivers. Make sure your teen knows what to do after a wreck:
Teens are usually listed as an authorized driver on their parents’ auto insurance policy, and it is the parent who should initiate and pursue the insurance claim, not the teen. If you choose to use this as a learning experience for your teen and let them shadow you through the process, great! But the parent (not the teen) should really handle the process.
First, make sure to report the claim to your insurance company, even if the other driver was at fault. Chances are that the other driver will be filing a claim with your insurance, so letting the insurance company know your teen’s version of the story before that happens is important.
Second, remember you (and your teen) are NOT required to give a recorded statement to the other person’s insurance company. This is even more important for teens, who may be easily confused with trying to put words to the wreck they experienced. While you do want to cooperate with your own insurance company, parents should still be cautious and monitor what their teen says in recounting the facts of the wreck.
Finally, make sure your teen does not post anything having to do with the wreck on social media. Even statements, photos, or videos that seem harmless can be misconstrued. Believe us! The insurance company and other parties involved in the wreck may be monitoring your teen’s social media accounts waiting for them to slip up.
It is not uncommon for anyone involved in a wreck to be reluctant to get back behind the wheel, and for teens, this is even more prevalent. They just started driving and whack…the accident happened! As parents, we have to reassure our teen drivers of their abilities and make sure they learn from the accident. After a wreck, parents should drive with their teens until they feel comfortable again to drive by themselves.
If you have questions about handling your teen driver’s wreck contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
In Covington, the intersection of Highway 21 and Pinnacle Parkway/Ochsner Blvd. is one of the most dangerous in all of St. Tammany. Anyone who lives or works in the area knows how busy that intersection can be, especially at rush hour. It is not surprising that multiple accidents occur there each week. So, how can you avoid becoming another statistic?
The intersection of Highway 21 and Pinnacle Parkway/Ochsner Blvd. is one of the busiest sections of roadway in St. Tammany. Situated near Interstate 12, thousands of families live in subdivisions within two miles of the intersection. Large shopping centers and stores like Target and Sams (Costco coming soon) line the corridor, with Ochsner Medical Center also down the street.
The intersection is 186 feet (62 yards) across, from Pinnacle Parkway to Ochsner Blvd. That means it takes several seconds to cross from one side to the other. It also means that someone entering the intersection on a yellow light may still be in it when it turns red.
Highway 21 can get severely congested, backing up into the intersection. When the light turns green on Ochsner Blvd., it doesn’t necessarily mean that turning vehicles have anywhere to go. Navigating the intersection can be very frustrating at times.
There are also lots of distractions at the intersection. Street peddlers who go from one car to another asking for money are common. Also, long waits at the intersection mean that more people are on their phones and not paying attention to traffic.
Here are a few tips to help avoid accidents at the intersection of Hwy 21 and Pinnacle Parkway/Ochsner Blvd.:
At Flattmann Law, we want to help people avoid accidents, but are there for you if you are in one. If you have been injured in a car accident contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today.
Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
If you don’t take the proper steps to protect yourself after an accident, any claims you have may get weaker and weaker as time goes by. The insurance company is not your advocate and will not look out for your best interests. If you don’t take action to protect your rights, nothing will get done. That’s why hiring (or at least talking) with a personal injury attorney can be valuable.
Quite frankly, since there is no pressure to hire us, taking advantage of our free consultation right after an accident is a no-brainer! Even if you decide not to hire us, at least you will gain a better understanding of your rights and the steps that should be done following an accident.
Here are just some of the examples of how waiting to call an attorney can hurt your case:
There is nothing more frustrating than thinking that the wheels are turning on your insurance claim and then finding out later that very little has happened in weeks! The progression of your car wreck claim depends on your actions in pushing it along. If you don’t provide the insurance company with the right information in just the right way, it is easy for them to delay your claim.
Unlike in the TV commercials, the insurance company adjusters will not magically appear and take care of everything. It’s up to you to push your claim along. And if you didn’t provide the right documentation or check the right box, the insurance company won’t necessarily tell you. With thousands of claims, the insurance company sees you as another number and will use any excuse to delay your claim.
A lot of people think that if they are hurt in an accident, they have to wait for instructions from the auto insurance company before they seek medical treatment. This is not true. Instead, if you are hurt, you should seek treatment with doctors you choose.
Waiting to go to the doctor after an accident can create a “lapse in treatment.” The insurance company will exploit a lapse in treatment to argue that you must not have been really injured if you didn’t have to go to the doctor.
A lot of our clients also wait to go to the doctor because they think the pain will eventually go away. When it doesn’t, weeks have passed and it may now look like they are going to the doctor just because they have an insurance claim. That’s not true, but the insurance company will use it to their advantage.
It is a common misconception that after a car wreck, the at-fault insurance company should pay your medical bills as you get them. This is not true. Instead, you are responsible for your own medical bills and will seek reimbursement from the at-fault insurance company later, when your claim is resolved. In the meantime, if you have health insurance, you should use it, but also beware of any reimbursement rights your health insurer may have out of future settlement proceeds.
It is a big mistake to not use your health insurance for medical bills after an accident. This can lead to medical providers placing you in collections or you paying a lot more out of your own pocket than necessary.
After an accident, we may contact witnesses to get statements, search for video footage, and preserve evidence such as tire marks, debris, and vehicle damage. As time passes, so does our opportunity to collect important evidence for your case.
If you have been injured and interested in a FREE consultation contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today.
Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
For 20 years, I’ve practiced personal injury law in St. Tammany Parish, one of the most conservative parts of Louisiana. Over that time, my clients have consisted of honest, hard-working people who have been seriously injured and just want what’s right and to be treated fairly.
There is nothing wrong with being conservative. But, when it comes to a car accident case, if you have an expectation of being treated fairly and believe that the insurance company will look out for your best interests, you can have your rights exploited, expose yourself to liability, and leave significant money on the table.
What may seem like a straightforward set of facts to you may turn into contested liability for the insurance company. At the scene of the accident, the at-fault person apologized to you for running the red light. But now, their story has changed, and they told their insurance company that they had a green light! How’d that happen?
Does it really matter whether you were at a dead stop or if you were inching forward when you got rear-ended? Why is the insurance company asking so many questions? Shouldn’t this be cut and dry?
The at-fault insurance company’s first job after a wreck is to establish liability, and if there is a way to deny your claim or even place some of the fault with you, they will look for it. Making your claim a lot more complicated will save them money and make the process a lot more frustrating for you.
A lot of insurance companies now promote their online or mobile claims process. You can submit photos of your car damage from your phone and track the status of your claim. While this may work to get your car damage claim assessed, it does nothing for the other part of your case; your injury claim.
What do you do about the doctor bills that are piling up, or the questionnaires your health insurance company is sending? What about lost time from work? The at-fault insurance adjuster won’t answer those questions for you. What’s worse is that if you don’t know the answers, it can leave you holding the bag with unpaid medical bills and health insurance compliance issues.
You have 2 separate claims after a car wreck: one for your property damage and another for your personal injuries. For your property damage, the average person may feel relatively confident in figuring out if they are being treated fairly with repair costs, car values, and rental fees. However, when it comes to your personal injuries, what is a reasonable amount, and when should I settle it?
Even further, what kinds of things should you include in your injury claim? Are you including things like lost earnings? For doctor bills, do you take the total charge or just what the health insurance company paid?
The at-fault insurance company will give you a settlement offer, but how do you know what is fair and reasonable? If you do not know the value of your injury claim, it will be impossible for you to know if you are being treated fairly.
Once you settle with the insurance company and sign a release, your case is forever closed. If anything pops up after your settlement that you didn’t think of, like ongoing medical issues or an unpaid medical bill, they will be your responsibility. If you later learn that your case was worth more than what you settled it for, it will be too late.
If you have been injured in a car wreck and think you may have it covered, but still interested in double checking with an experienced personal injury attorney for a FREE consultation contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today.
Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
It is not uncommon for us to get a call from a new client whose car crash happened a few months earlier. When asked why they waited so long to call, we get a few common responses:
From all the insurance company commercials on TV, you would think that the insurance claims process after a wreck should be straightforward. You almost expect an insurance adjuster to appear out of nowhere, write you a check for your car, get you a rental ASAP, and take care of everything. But in reality, that’s now what happens.
Instead, you find yourself with a wrecked car and the insurance company is not in any rush to get you a rental. You don’t know who is going to pay your medical bills and the insurance adjuster who originally told you not to worry, won’t answer your calls.
With thousands of claims to handle, the truth is that you are just one more claim number to the insurance company. If you don’t have your own advocate who is willing to fight for you, this can be a very frustrating experience.
At Flattmann Law, we handle all types of wreck cases, big and small. Unlike those TV lawyers, we are here for you even if your wreck didn’t involve “a company vehicle,” “big truck,” or “catastrophic injuries.”
With our free consultations, we even tell people if we think they can handle their own case and give them a few pointers to help them along the way.
We represent honest, hard-working people who don’t make a habit of complaining. It is not uncommon for our client to tell us that they waited to go to the doctor because they were hoping the pain would go away on its own. When it didn’t, they knew something was wrong.
The insurance company is not going to give you advice about your injuries. In fact, they are going to throw the question back on you and tell you that “you need to get whatever medical attention you need.” But what does that mean? How does health insurance work in a car wreck situation, and who pays the bills? These are all questions we can help answer at Flattmann Law.
Are you frustrated with the insurance claims process after you were involved in a car wreck, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today.
Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
When it comes to car wrecks, one thing is for sure: the truth can get lost fast—especially when it’s your word against the other driver’s.
That’s why we believe a dashcam might be the smartest money you can spend as a driver.
We’ve had cases where the at-fault driver denied everything—until dashcam footage told a different story. Green light? Red light? Sudden lane change? Dashcams don’t lie.
And while a police report is helpful, it may not always tell the full story. Footage from a dashcam can provide clear, unbiased evidence when things get messy.
Other common examples include cases where a driver suddenly turns in front of you and later claims you were speeding or ran the light. Dashcam footage can make or break these kinds of he-said-she-said situations. Young drivers are particularly susceptible to being wrongly blamed for accidents they didn’t cause.
Insurance adjusters look for any excuse to shift blame or reduce payouts. Dashcam footage often makes the difference between:
You can find a reliable dashcam for under $100, and many are easy to install in just a few minutes. Some even record both front and rear views (I’d suggest at least the front view) or start recording when your car is parked.
If you drive regularly—or have a teen driver—this is a no-brainer investment.
Bonus Tip: Protect the Footage
If you’re in a wreck, save your footage right away. Back it up to a computer or cloud storage if you can. If you’re not sure what to do with it, we’ll help you review it during your free case consultation.
Also, if you don’t have a dashcam, ask any witnesses at the scene if they do. Many drivers have them nowadays, and that footage could end up being a game-changer in proving what really happened.
Need help reviewing dashcam footage after a car wreck, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today.
Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
After a car wreck, it can feel like you’re suddenly surrounded by big names—billboards, TV ads, and out-of-town firms promising big results. But when it comes to choosing a lawyer, local matters.
At Flattmann Law, we’ve been handling car wreck cases across the Northshore for nearly 20 years. We’re familiar with the local roads where accidents tend to happen, how local law enforcement documents wrecks, how our courts operate, and most importantly, how people around here want to be treated.
We also know how insurance companies handle claims in our region—and how to push back when they try to minimize what our clients are owed.
We’re not a billboard firm with offices scattered across the country where you need an A-Z directory to find your lawyer. We’re a small, focused, client-first firm. When you call Flattmann Law, you speak with real people who live and work here—just like you.
We don’t hand your case off to a stranger. When a client meets with me, they’ll continue to work directly with me throughout their case. You won’t be passed along to some associate you’ve never met or introduced to by email halfway through the process.
You get personal attention, honest advice, and a team who genuinely cares about the outcome of your case—because to us, it’s personal.
Our kids go to school here. We shop in the same stores and drive the same roads you do. When we say we care about our clients, it’s not a slogan—it’s our reputation, and it matters deeply to us.
We’re not a volume-based practice. We don’t need hundreds of cases every month to keep our doors open. Instead, we focus our attention on honest, hard-working people with real injuries who want honest, hard-working representation.
We also take communication seriously. Our clients are kept in the loop at every stage of their case—and if they have a question, they know they can get it answered quickly.
Accountability means everything to us. Even after a case is over, we know we’ll be seeing our clients at the grocery store, school events, and church. That’s what drives us to handle every case with care, diligence, and integrity.
And because we’re local, we rely on referrals from satisfied clients—not splashy ads—to earn the trust of our next client.
Big firms may have loud ads, but they don’t have roots in this community. We do.
Want to come in and sit down to talk face-to-face? We’re here. Need help getting your police report or figuring out a treatment plan with a local provider? We’ve got you.
When your case is handled locally, you’re not just a file number. You’re our neighbor.
If you’ve been in a wreck and want to work with a local firm that knows you and your community, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today.
Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
After a wreck, you might think the facts are clear. But then the insurance company tells you they’re placing partial fault or a percentage of fault on you. That can be frustrating—and confusing. So, what does that actually mean in Louisiana?
In Louisiana, we follow a system called comparative fault. That means fault can be split between drivers. So, instead of one person being 100% at fault, the insurance company might say you were, for example, 30% at fault—and reduce your payout by that percentage.
Here’s a simple example: If your total damages are $10,000 and the insurance company says you were 30% at fault, they may only offer you $7,000.
Some states still follow something called contributory negligence, where if you’re even 1% at fault, you may be completely barred from recovering anything. Thankfully, Louisiana is NOT one of those states.
Even if you’re found partially at fault, you can still recover compensation—you just need to be ready to challenge how much fault they’re trying to pin on you.
Let’s be honest: it saves them money. If they can convince you to accept a portion of the blame, even when it’s not fair, they can reduce what they owe. Sometimes, they do this based on small details that may not even be legally significant—like saying you were “driving too fast for conditions,” even if you had the right of way.
We’ve seen this tactic used in:
If you get a call saying you’re “partially at fault,” it’s time to talk to someone who knows the law—and how to push back. We review accident reports, footage, and witness statements to make sure fault is assigned fairly—not just conveniently for the insurance company.
If you’ve been in a wreck and worried about being unfairly blamed for the car wreck, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today.
Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
One of the most common concerns we hear from people after a car wreck is: “If I hire you, does that mean I’m going to court?”
The short answer? No, not necessarily.
At Flattmann Law, the majority of our cases are resolved without ever stepping foot in a courtroom. We work hard behind the scenes to build your case, present it clearly to the insurance company, and negotiate a fair resolution.
Hiring a lawyer doesn’t mean you’re signing up for a lawsuit—it means you’re protecting your rights and making sure you’re treated fairly.
In fact, by hiring us, you’re simply getting help with your insurance claim. We help with gathering records, communicating with adjusters, and making sure everything is documented properly. Filing a lawsuit is only one of many options—and it’s usually the last resort, not the first step.
Insurance companies are more likely to make a fair offer when they know a knowledgeable attorney is involved. A strong case, backed by evidence and presented clearly, puts pressure on them to resolve things sooner rather than later.
We only recommend filing suit when it’s clear the insurance company isn’t being reasonable. And even then, most lawsuits settle before ever going to trial (what most people think of as “going to Court”).
Another thing people don’t always realize: you’re always in control. We guide you through the process, explain your options, and help you make informed decisions. We don’t make major moves—like filing a lawsuit or going to trial—without your full understanding and consent.
Hiring a lawyer doesn’t mean you’re being “aggressive” or “looking for a fight.” It means you’re being smart. It means you’re not letting the insurance company take advantage of you during a confusing and stressful time.
If you’ve been in a wreck and unsure about what to do next, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today
Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
One of the most common questions we get after a car wreck is: “Can I use my own doctor?” The answer is yes, and in many cases, you should.
You’re In Control of Your Own Medical Care After an accident, you don’t have to wait on the insurance company to tell you where to go. In fact, most of the time, they won’t. They’ll say something like, “Just get whatever medical treatment you think you need,” which sounds helpful, but really just puts the burden on you.
You’re in charge of your medical care. If you have a primary care physician, chiropractor, or specialist you already trust, you absolutely can and should see them.
This is where people get caught off guard: The at-fault driver’s insurance company will not pay your medical bills as they come in. That’s right—even if the other driver admits fault and their insurance accepts liability, they don’t pay your doctors directly. Instead, you are still responsible for your medical bills as they are incurred.
That’s why it’s important to use your health insurance whenever possible. It can drastically reduce your out-of-pocket costs and help avoid medical collections. Later, if your health insurer has a right to reimbursement (called subrogation), we’ll work to make sure they’re repaid fairly out of the settlement—not out of your pocket.
If you don’t have health insurance, that’s okay. We can work with you on a treatment plan that works for you.
If you’ve were injured in a car wreck and aren’t sure where to turn for medical care, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today
Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
If the other driver’s insurance company accepts fault for the accident, you might be thinking, “Great! That means I don’t need a lawyer, right?” Well… not so fast. Just because the insurance company accepts liability doesn’t mean they are going to treat you fairly or pay you what you deserve.
At Flattmann Law, we always explain that every car wreck case has two major components: liability—who was at fault for the wreck—and damages, meaning the injuries and losses caused by the wreck.
So even if the insurance company accepts liability (meaning they admit their driver caused the wreck), there’s still a second part of your case to resolve—and that’s often where the real fight begins. The insurance company likely doesn’t see the value of your damages the same way you do.
Accepting liability just means the insurance company is saying, “Yes, our driver caused the wreck.” That’s an important first step, but it doesn’t mean your work is done. The insurance company still controls how much they are willing to pay for medical bills, lost wages, pain and suffering, and future treatment. And remember, their goal is to pay out as little as possible.
How They May Try to Cut Corners
Insurance companies have a variety of ways they may try to reduce the value of your claim. They might offer a quick settlement before you’ve even finished treatment. They often dispute medical expenses by labeling them as “unreasonable” or “unrelated,” ignore or undervalue pain and suffering, and refuse to consider any future medical needs. They may even try to settle your case while you’re still actively hurting.
At Flattmann Law, we make sure your case is handled the right way. We track your treatment from start to finish and gather complete medical records and billing documentation. We talk directly with your doctors to obtain reports and future care recommendations. When necessary, we bring in expert witnesses—such as life care planners to outline the cost of future medical needs, and economists to calculate long-term wage losses or other financial damages. Then, we present all of this in a clear and compelling way to the insurance company to prove the full extent of your damages—not just what the insurance company is willing to acknowledge.
Even if liability is accepted, having an attorney can help make sure you’re not missing out on thousands of dollars or getting stuck with unpaid bills. Want to know if you really need a lawyer? contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today.
Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
We talk to a lot of people in our community who are conservative, hard-working, and private. They don’t like to make a fuss, and they certainly don’t want to be seen as the type of person who would “sue someone.”
But here’s the thing: getting hurt in a car wreck isn’t about making a fuss—it’s about making things right.
The cost of an accident adds up fast. Emergency room visits, follow-up care, physical therapy, time missed from work—all of these things are part of what the law calls “damages.”
We meet people all the time who don’t realize just how valuable their claim may be. They think that because they didn’t break a bone or weren’t rushed into surgery, their injuries “aren’t that bad.” But serious soft tissue injuries, ongoing pain, or even post-traumatic stress can have a major impact on your health, your job, and your everyday life.
Even if you’re not the type to make a claim, you could be leaving thousands of dollars on the table if you don’t protect your rights. The insurance company certainly isn’t going to volunteer to pay you fairly out of the goodness of their heart.
Most of the time, personal injury claims are handled directly with the insurance company, not by dragging anyone to court. And in nearly every case, the other driver’s insurance—not the driver personally—is who pays.
It’s not about being greedy. It’s about being smart. It’s about making sure you can pay your medical bills, support your family, and recover fully.
We know a lot of folks around here are capable, independent, and used to handling things themselves. But here’s the truth: dealing with a car accident claim isn’t a good DIY project.
Insurance companies handle thousands of claims a year. They know the system inside and out—and they know where people make mistakes. From how you describe your injuries to what you say on the phone, small missteps can cost you big.
At Flattmann Law, we deal with this every single day. We know what traps to avoid and how to make sure you’re being treated fairly. You wouldn’t perform your own surgery—and when it comes to protecting your rights after a wreck, it’s smart to let a professional handle it.
We don’t exaggerate claims or create drama—we present the facts, back them up with evidence, and make sure our clients are taken seriously and treated fairly.
At Flattmann Law, we understand that our clients want to handle things the right way. We do too. That’s why we bring experience, strategy, and professionalism to every claim—so our clients don’t have to navigate it alone.
If you’ve been hurt in a wreck and are usure whether you have a claim or you’re simply wondering what claim might be worth, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today.
Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
In a conservative area like ours, we understand that just hearing the words “personal injury lawyer” can make people skeptical. We get it. You’re tired of the loud commercials, the ridiculous billboards, and the over-the-top promises. Honestly? So are we.
At Flattmann Law, we’re different—and we work every day to prove it. We like to say we’re changing the way people think about personal injury attorneys, one client at a time.
We don’t chase headlines or crank out hundreds of cases each month. We focus on real people with real injuries—honest, hard-working folks who want someone they can trust to guide them through a tough time.
We live in the same community as you. That means accountability matters. When your case is done, we don’t just disappear—you’re likely to run into us at the grocery store, at a ballgame, or at church.
We don’t take that lightly. We treat every case the way we’d want a member of our own family to be treated—with compassion, honesty, and respect.
Big law firms spend millions on advertising. We don’t. Our practice grows because of the trust our clients place in us—and the referrals they send our way. We aim to exceed expectations, not just meet them—so our clients walk away not only satisfied, but confident enough to recommend us to others.
If you’ve were injured in a car wreck and are unsure about calling a lawyer because of everything you’ve seen on TV, we invite you to call us. We think you’ll quickly see we’re not like the rest, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today
Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
Hit-and-run accidents are frustrating and frightening. You’ve just been in a crash, possibly injured, and now the other driver has taken off.
What now? Here’s what you need to know if you’ve been involved in a hit-and-run accident in Louisiana.
Even if the other driver is gone, your first step is the same as any other accident: make sure you’re safe and call the police. Reporting the crash right away creates an official record, which is critical for your insurance claim and any investigation.
If you saw anything about the other vehicle—make, model, color, license plate, or even a bumper sticker—write it down. Tell the police.
If anyone saw the crash happen, ask them to stay and give a statement. Witnesses can help law enforcement track down the driver and support your version of events.
This tip has helped several of our clients. Nearby businesses, traffic lights, or even home doorbell cameras might have caught the crash on video. Let the investigating officer know. Also, make a note so your attorney can follow up later.
Yes—if you have Uninsured/Underinsured Motorist (UM) coverage, it can kick in for a hit-and-run. In Louisiana, UM coverage often includes medical expenses, pain and suffering, and lost wages.
If you have Collision coverage, that can be used to cover the damage to your vehicle. You may have a deductible, but that’s a small price to pay for having insurance in this situation.
UM and Collision are not required in Louisiana, but it’s something we recommend for exactly this reason. Make sure to talk with your insurance agent about it.
In hit-and-run cases, even though the at-fault driver may never be found, you may still need help dealing with the insurance company on your UM claim. It helps to have an experienced personal injury lawyer who can:
A hit-and-run crash can leave you shaken and confused—but you’re not alone, and you’re not powerless. If you were hurt by a driver who left the scene, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today.
Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
You’ve just been in a car wreck, and the first thing you want to do is update friends and family that you’re okay. Maybe share a photo of your car, or even vent a little about what happened.
But before you hit “Post,” take a breath—because social media can hurt your injury claim more than you think.
If you’re filing a personal injury claim, assume the insurance company (and their lawyers) will look you up online. That means:
And they don’t just stop with your public posts—they may dig through friends’ pages, tagged photos, and even older content.
During my conversations with insurance adjuster, it is becoming more and more common for them to mention pictures and videos they discovered on social media showing my clients doing things like going to the beach, picking up groceries, or checking in to the gym.
And guess what? With AI getting better and better, it is now SO EASY for insurance companies to instantly gather incriminating data about you from social media.
Even something totally innocent can be taken out of context:
We’ve even seen photos of damaged vehicles used to suggest a wreck wasn’t that serious—even when the injuries were.
“Private” doesn’t mean invisible. Courts can—and do—allow access to private content during litigation. Plus, someone in your network could unknowingly make things visible.
The safest bet? Avoid posting anything related to your wreck, your health, or your case.
Here’s the Deal: Your personal injury case should be based on facts, not Facebook.
If you’ve been in a wreck, let us protect your rights from day one—both in court and online, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today
Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
After a wreck, it won’t take long before the insurance company calls—and they’ll usually ask if you’re okay doing a “quick recorded statement.” Sounds harmless, right?
Not so fast.
Insurance adjusters are trained to minimize what they pay out. A recorded statement gives them an opportunity to:
And once it’s recorded, it’s hard to take back.
To the other driver’s insurance? Absolutely not. You are under no obligation to give them a recorded statement. In fact, doing so without legal advice can put your claim at risk.
What About My Own Insurance?
If you’re filing a Uninsured/Underinsured Motorist (UM) claim or using certain coverages under your own policy, you may be contractually required to cooperate with your insurer—and that can include giving a statement. This is exactly where having an experienced attorney makes all the difference. We help our clients understand what’s required, what’s optional, and how to protect themselves—without saying something that could be used against them later.
In many clear liability cases, the at-fault insurance company already has access to:
So why do they still ask for a recorded statement? Simple—they’re hoping you’ll say something they can use to reduce or deny your claim.
Even innocent comments can work against you, like:
Insurance adjusters are trained to steer the conversation in a way that favors them—not you.
A recorded statement might sound routine—but it can have serious consequences. Don’t give one without guidance.
Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
We’ve seen it time and again. A client tells us, “The other driver apologized at the scene. They said it was their fault!” But later, the police report says something different—or the insurance company starts pointing fingers at you.
So, what changed?
Right after a wreck, everything feels chaotic. Drivers are shaken up, emotions are high, and things are said in the heat of the moment. It’s not unusual for the at-fault driver to admit fault or apologize.
Once the other driver has time to think—or talks to their insurance company—their story often starts to shift. Suddenly, it’s “I’m not sure what happened,” or “They came out of nowhere.”
One big reason? They’re worried about their insurance rates going up. Once they realize that admitting fault might cost them money, they get selective with the truth—or change it entirely.
We’ve even seen cases where someone who clearly admitted fault later denied everything once the adjuster got involved.
There’s actually a name for this: memory distortion. After a traumatic event, our brains don’t store memories like a video camera. Instead, we reconstruct them each time we recall the event. Over time—and with outside influence—those memories can become less accurate. Stress, fear, and even guilt play a role in shaping what someone thinks happened.
That’s why it’s critical to gather evidence right away:
And if the story is already starting to change? Don’t wait. The sooner you act, the easier it is to preserve the truth.
If you’ve were injured in a car wreck and the truth is getting twisted and you’re feeling frustrated, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today
Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
You follow the rules. You carry insurance. But here’s a question most drivers never stop to ask: What if the person who hits you doesn’t? Or worse—what if they only have the bare minimum?
In Louisiana, the legal minimum for liability insurance is:
That might sound okay—until you realize how quickly medical bills can add up after a serious wreck. A single ER visit, ambulance ride, or round of imaging can eat up most of that coverage fast. And if the at-fault driver has no insurance at all? You’re left holding the bag.
According to recent estimates, about 1 in 10 drivers in Louisiana are completely uninsured. And among those who are insured, the vast majority only carry the state’s minimum liability coverage. That means the chances of being hit by someone with little to no insurance are higher than you might think.
UM coverage protects you if the other driver has no insurance—or not enough. It helps cover medical expenses, lost wages, and even pain and suffering if you’re hit by an uninsured or underinsured driver.
We’ve seen too many clients who were hit hard—both physically and financially—because the other driver didn’t carry proper coverage. And sadly, we’ve had to explain to them that without UM, there’s often little we can do.
Here’s the truth: you never know who’s driving next to you. That clean-looking SUV may be completely uninsured. That guy weaving through traffic could have a $15,000 policy and no assets.
UM coverage is how you protect yourself, instead of relying on the other guy to do the right thing.
Adding UM coverage to your policy will increase your premium, but it may be more affordable than you think, and it is definitely worth the cost—especially compared to the financial burden of an uncovered accident. It’s one of the most important and cost-effective choices you can make for your peace of mind.
If you’ve been injured in a car wreck and worried about not having enough coverage, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today.
Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
If you’ve been trying to handle your injury claim by yourself, you’re not alone. In fact, many of our clients started out the same way.
They filed the claim, spoke with the adjuster, maybe even gave a recorded statement or signed medical authorizations. They did what they thought was the “right thing,” trusting the process and trying to keep it simple. Eventually, though, the stress, confusion, or lack of progress made them wonder: “Is it too late to get help?”
The answer: Absolutely not.
Even if you’ve already been talking to the insurance company, we can almost always step in and take over the process. We’ve helped clients:
More importantly, we relieve them of the constant calls, requests, and second-guessing that come with handling it alone.
One of the most common things we hear is: “I didn’t realize how much stress this was causing me until you took over.”
We manage the communication with the insurance company, track the medical bills, coordinate with providers, and make sure your claim is documented the right way. You get to focus on getting better—not battling paperwork and phone calls.
Many people worry they’ve already “messed things up” by talking to the adjuster or signing something. But in most cases, we can work with what’s been done, minimize any impact, and still build a strong claim.
The key is to get help before settling. Once you sign a release, the claim is closed for good—even if new problems come up later.
Just because you started the claim on your own doesn’t mean you have to finish it alone. It’s not too late, and you haven’t ruined anything by trying to handle it first. If anything, you’ve already done some of the legwork and now it’s time to make sure it pays off the way it should.
Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
We get this question a lot—and we understand where it’s coming from. If you’re the kind of person who handles your own business, pays your insurance, and keeps things organized, it’s natural to think, “Why would I pay an attorney a portion of my settlement when I’ve already gotten this far on my own?”
That mindset makes sense. But what we’ve seen time and again is that even the most capable, responsible clients often don’t realize just how much is involved in a personal injury claim—until they’re in the thick of it.
From the outside, a claim looks straightforward: report the accident, get treatment, and submit the bills. But behind the scenes, there’s a long list of moving parts that all have to be managed correctly to protect your rights and make sure you don’t leave money on the table.
We don’t just talk to the insurance company. We help with everything from health insurance subrogation matters, to medical provider liens and interests, to Medicare and Medicaid compliance when applicable. We also assist our clients with their property damage claims and, if the situation calls for it, we handle litigation, including filing suit and managing the court process.
All of this is done with one goal in mind: to protect you from making costly mistakes and to make sure all of your claims are evaluated fairly and completely.
This is a big one for clients who are worried about cost. Our personal injury work is done on a contingency fee basis, which means we don’t get paid unless we recover compensation for you.
No upfront fees, no hourly billing, and no charges unless we succeed. That allows you to get the help you need without adding financial pressure to an already difficult situation.
When we step in, things change. Your phone stops ringing. The insurance company talks to us, not you. We gather your records, organize your file, communicate with your medical providers, and manage the timelines. You can focus on healing and moving forward, without having to keep one foot in a complicated, confusing claims process.
Hiring a lawyer doesn’t mean giving up control. You still call the shots. What we bring to the table is over 20 years of experience making sure no stone is left unturned, no claim is undervalued, and no client is left guessing. From start to finish, we’re here to make sure you’re protected, informed, and not taken advantage of.
Trying to handle your claim on your own isn’t wrong—but doing it without knowing all the risks can lead to big regrets later. If we think you’re better off handling your claim yourself, we’ll tell you that—plain and simple. We won’t hassle you or pressure you. And if we can help, we’ll explain exactly how, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today.
Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
You’ve always lived your life the right way. You work hard. You pay your insurance. You stay out of trouble. But after a wreck, everything suddenly feels off.
You’re dealing with adjusters, paperwork, car damage reports, and medical bills.
You’re answering questions about your injuries, and you’re being talked to like just another claim number. And deep down, all you really want is to go back in time. Back before the accident, before the pain, and before all this stress.
If that’s how you feel, you’re not alone. And no, you’re not overreacting.
The insurance system is a machine. It isn’t built to make things personal. It’s built to move claims quickly, pay as little as possible, and close files. That’s why the whole thing feels so foreign.
You didn’t ask for any of this. You just want to recover and be treated fairly.
You’re Not Trying to Work the System—You Just Don’t Want to Be Left Behind
We talk to people every day who say the same thing:
And we understand. You’re not out to take advantage of anyone. You just don’t want to be taken advantage of yourself. That’s not greedy. That’s smart.
You’re Not Just Another Case to Us
If you’ve had surgery, missed work, or are still in pain, you deserve more than a quick settlement and a brush-off. You deserve someone who will look at your case like it matters—because it does.
At Flattmann Law, we don’t treat people like claim numbers. We listen. We take time. And we work hard to give honest, personal guidance.
What You Should Remember
You didn’t choose to be in this situation. But you do get to choose how it’s handled from here.
Call us at (985) 590-6182 for a free, confidential consultation.
Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
You’re riding in an Uber or Lyft, minding your own business—and then BAM. A wreck happens.
You weren’t driving. You weren’t at fault. But now you’re hurt and not sure who’s supposed to pay for your injuries. Let’s break it down.
If you’re a passenger, you’re almost never at fault—which means you likely have a right to compensation.
The question becomes: Whose insurance is responsible?
Both Uber and Lyft carry commercial insurance coverage that kicks in during active rides. That includes:
This policy is in addition to the driver’s personal auto insurance. That’s good news—because there’s more coverage available for your injuries.
This happens more often than you think. If there’s a dispute over fault, you might need to file claims with both insurance companies. That’s where having an attorney comes in—we can coordinate the process, gather evidence, and make sure you don’t get caught in the middle of a finger-pointing match.
Yes. As a passenger, you can typically recover damages, like medical expenses, lost wages, pain and suffering, and other related losses. Even if no one is “clearly” at fault yet, you still have the right to get checked out and start treatment.
What You Should Remember Being in a rideshare accident can be confusing—but your rights are clear. You weren’t driving, and you shouldn’t be left dealing with the aftermath alone.
If you were hurt while riding in an Uber or Lyft, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. We’ll help you figure out who’s responsible and make sure you get the care and compensation you deserve.
Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
After a wreck, most people expect to be compensated for medical bills and car repairs. But what about the pain, stress, and disruption the accident caused in your life?
That’s where pain and suffering damages come in. So how do insurance companies—or juries—decide what that’s worth?
“Pain and suffering” refers to non-economic damages, meaning things that don’t come with a receipt. This can include:
In other words, it’s compensation for the impact on your life—not just your bank account.
Not really. Some insurance companies use software programs or formulas (like multiplying your medical bills by a certain number), but those methods are just starting points—not rules.
What really drives the value of a pain and suffering claim is:
That’s where we come in.
To build a strong case for pain and suffering, we recommend a few strategies to our clients. Things like: (1) Keeping a journal of your symptoms and limitations; (2) Following through with medical treatment; and (3) Being honest about your struggles—physical and emotional.
The more detail and documentation, the stronger your case becomes.
Pain and suffering are real—and they matter. But insurance companies aren’t going to offer fair compensation unless your claim is backed up with strong evidence and smart legal advocacy.
Call us today at (985) 590-6182 and let’s talk about how your life has been affected. We’ll fight to make sure the full impact of the wreck is recognized and compensated.
Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
One of the most common mistakes we see after a car wreck? Not getting checked out by a doctor right away. Maybe you thought you were “fine.” Maybe the adrenaline masked your pain. Maybe you just didn’t want to make a big deal out of it. Whatever the reason—you’re not alone.
But what happens when you wake up the next day (or the next week) sore, stiff, or with headaches that won’t go away? Can you still file a personal injury claim, even if you didn’t go to the hospital immediately?
The Short Answer: Yes.
In Louisiana, there’s no law that says you must go to the hospital right away to qualify for an injury claim. However, delays in seeking medical treatment can make your case more challenging.
Here’s why.
If there’s a gap between your accident and your first doctor visit, insurance companies may argue:
That’s why we always recommend getting evaluated by a medical professional as soon as possible—even if you don’t feel pain immediately.
Don’t panic. Many legitimate injury claims involve delayed symptoms. Soft tissue injuries, whiplash, concussions, and back injuries often take time to develop. If this sounds like your situation:
That’s okay too! The key is timely, consistent, and documented treatment. Medical records are your best evidence in any injury claim.
Bottom Line: Even if you didn’t go to the hospital right after the wreck, you still have options—but time is not on your side. The longer you wait to take action, the harder it may be to prove your case.
Even if you didn’t go to the hospital right after the wreck, you still have options—but time is not on your side. The longer you wait to take action, the harder it may be to prove your case. Call us today at (985) 590-6182!
Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
After a car wreck, one of the most common questions we hear is: “What do I do if I need treatment but can’t afford it?” It’s a fair question—especially if you’re out of work, uninsured, or waiting for your case to settle. The good news? You still have options.
Putting off treatment can hurt two things: your recovery and your case. Insurance companies look for any reason to reduce your claim—and a big one is a gap between the wreck and your medical care. If you wait too long, they’ll argue your injuries weren’t serious or weren’t even related to the accident.
So what should you do if paying for care feels impossible?
If you have private insurance, Medicare, or Medicaid, use it. We can coordinate with your healthcare providers and insurance company to:
Even limited coverage can help you get started with essential care.
In Louisiana, there are trusted doctors and therapists who will treat personal injury patients under a lien agreement. That means:
We work with professionals familiar with these arrangements and who understand the legal process.
If needed, we can provide a Letter of Protection (LOP) to your medical provider. This document says they’ll be paid from the proceeds of your settlement—and gives them confidence to begin or continue treatment.
Getting hurt in a wreck is hard enough. Worrying about how to afford treatment shouldn’t make it worse. If medical costs are holding you back, call us before you give up.
Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
You’re not the type to rush out and hire a lawyer. You’ve been trying to handle things on your own. But now, after a serious wreck, you’ve had neck, back, or shoulder surgery, and you’re still struggling with the insurance claim.
If that’s where you are, something’s not right.
Surgery Means It’s a Serious Injury
If your injuries were bad enough to require surgery, this isn’t a minor case. You’re dealing with something that changed your life, physically, financially, and emotionally. And if you’re still trying to work through the claim on your own, you’re probably not getting the full picture of what you’re owed.
“I Had Back Issues Before the Wreck, So I Didn’t Think I Had a Case…”
We hear this all the time from good, honest people. Maybe you’ve had back pain before. Maybe you’ve dealt with stiffness or soreness off and on. But here’s the thing: if you didn’t need surgery before the wreck, but now you do, it’s very likely related.
Louisiana law recognizes this. You’re still entitled to compensation if the accident made a preexisting condition worse. In fact, insurers love to lean on “prior issues” as a way to avoid paying full value. That’s exactly why it’s so important to have an experienced attorney on your side who can connect the medical dots and fight back with real evidence.
You Might Be Leaving a Lot on the Table
We talk to folks all the time who are dealing with:
And yet, they still don’t realize how much their claim could be worth because no one’s explained it to them. If an insurance company has made you an offer and it doesn’t even begin to address your long-term recovery, you need someone who knows how to evaluate a real injury claim.
What You Should Remember
If you’ve had surgery after a wreck—even if you had some back or neck issues before—you likely have a much stronger claim than you think. And if you’re still floundering with the insurance company, that’s a clear sign it’s time to get professional help.
We’ve helped countless people in your position get the support they need and the compensation they deserve. Call us today at (985) 590-6182 for a free, no-pressure consultation. We’ll walk you through your options and help you figure out what’s fair.
Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
After a wreck, many people hesitate to reach out to a lawyer, not because they aren’t hurting, but because they’re afraid of what calling an attorney might lead to.
They worry that they’ll be dragged into a lawsuit they didn’t want… That they’ll lose control of their case… Or that once they call, they’ll be pressured into something they didn’t ask for.
We get it—and we don’t blame you for being cautious.
You won’t find us yelling in day-time commercials or chasing clients after a crash. That’s not who we are. At Flattmann Law, we believe in respect, honesty, and no gimmicks. We don’t hassle or hound people. We don’t pressure anyone to sign up. And we certainly don’t try to “make a case” out of nothing.
If you have a valid case, we’ll tell you. But, if you’re better off handling things on your own, we’ll tell you that too.
Reaching out doesn’t “open a can of worms.” It just gives you peace of mind. Most people who contact us aren’t filing lawsuits. They are simply trying to understand their rights and make sure they’re being treated fairly by the insurance company.
With over 20 years of experience, we’ve helped hundreds of people make sense of their situation and avoid costly mistakes, often in just one phone call.
There’s absolutely nothing to lose by talking to us. You can:
In just 10 minutes, we can usually tell you whether you’re on the right track or if something seems off.
You don’t have to be litigious or dramatic to want honest advice. If you’ve been hurt and just want to know where you stand, we’re here to help—with zero pressure, zero gimmicks, and zero obligation. Call us at (985) 590-6182 for a free and confidential consultation.
Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
If you were in a car wreck and weren’t wearing a seatbelt, you might be wondering: Can I still file a personal injury claim? And will it affect my compensation?
The short answer is: Yes, you can still recover damages—but a recent change in Louisiana law means that not wearing a seatbelt could reduce your payout.
Until recently, insurance companies and defense attorneys couldn’t use your seatbelt non-use against you in court. That’s no longer the case.
As of 2024, Louisiana law allows them to introduce evidence that you weren’t buckled up—and argue that your injuries were worse because of it. That doesn’t mean you lose your case, but it does mean:
Yes. Not wearing a seatbelt does not cancel out your legal rights. If the other driver caused the wreck, you can still seek compensation for things like medical bills, pain and suffering, lost income, and property damage. The key is proving that the other driver was at fault. Your lack of a seatbelt is a factor—but it doesn’t erase their responsibility.
Not necessarily. Insurance companies have to prove that your injuries were worse because you weren’t wearing a seatbelt. In many wrecks, especially serious ones, the injuries may have occurred either way. We work to push back on those arguments and make sure they don’t take advantage of this new law to deny you fair compensation.
Even with the law change, not wearing a seatbelt doesn’t mean you’re out of luck. But it does make things trickier—and that’s why having an experienced attorney matters.
Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
You filed a personal injury claim after a wreck and expected the insurance company to ask about your current injuries. But now they’re asking for something else—your past medical records.
That might seem invasive and it should raise a red flag.
The insurance company isn’t just being thorough. They’re trying to build a defense by digging into your medical history. Their goal is to find anything they can use to argue that your injuries weren’t caused by the wreck, or that they’re really just an old problem resurfacing.
Even if a past injury was minor or fully healed, they may try to use it to lower the value of your claim or deny it altogether.
Not when your case is still in the claims stage. If your case hasn’t entered litigation, the at-fault driver’s insurance company doesn’t have the right to go through your full medical history. They’re only allowed to see what we choose to provide—and we make sure that anything we share is directly relevant to your injury claim.
That said, the insurance company isn’t required to settle your case. If they feel they don’t have enough information or that you are being evasive, they may stall or refuse to resolve the claim—potentially forcing you to file a lawsuit. At that point, their ability to request more information expands through the discovery process.
When prior medical issues might matter, we handle it ourselves. We gather the relevant records and evaluate how they relate to your new or aggravated injuries. That allows us to stay in control of your case and protect your interests.
It is important to note that things are a bit different with Uninsured/Underinsured Motorist (UM) claims. Because you’re making a claim against your own insurance company, your policy likely includes a duty to reasonably cooperate with their investigation. That’s why we tend to see more push for past medical records in UM cases.
Not necessarily. Louisiana law follows the “Eggshell Plaintiff Rule,” which means the person who caused the wreck is responsible for the injuries they caused, even if you were more susceptible to being hurt. If the accident made a previous issue worse or caused new pain in the same area, you can still be entitled to compensation.
Our job is to document the difference between your condition before the accident and after—and to make sure that difference is clearly connected to the crash.
When the insurance company asks for your old medical records, it’s not just paperwork—it’s strategy. They’re looking for a way to pay less, not more. That’s why you should never sign broad medical releases or hand over full access without legal guidance.
Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
You’ve been in a wreck. You’re hurting. You’re stressed. You’ve thought about calling a lawyer, but something’s holding you back. Maybe you’re not sure if it’s “worth it.” Maybe you don’t want to feel like you’re making a big deal out of something. Or maybe you just don’t want to deal with a personal injury lawyer.
We get it. But here’s what we tell people every day: Don’t wait. Just call. It’s not what you think.
This Doesn’t Have to Be Complicated
You don’t have to be angry, aggressive, or lawsuit-minded to talk to us. You don’t have to come in guns blazing or have every detail figured out. You just need to call.
We’ll listen. We’ll ask a few questions. And in most cases, within 10 minutes, we can tell you whether you’re on the right track—or if you’re missing something important.
We’re Not What You’ve Seen on TV
If the phrase “personal injury attorney” makes you cringe, you’re not alone. We’ve built our firm specifically for people like you—honest, hard-working folks who don’t want drama, don’t want pressure, and don’t want to feel like they’re being taken for a ride.
No gimmicks. No hype. No hassling you after the call. Just straight answers and real help when you need it.
The Worst Part Is Usually Just Making the Call
Most of our clients tell us they felt better right after they finally picked up the phone. They’d been carrying the stress alone, not knowing if they were doing the right thing or if the insurance company was playing it straight.
Once we step in, they realize:
Let Us Change Your Mind About Injury Lawyers
If you’ve been putting it off, stop waiting. We’re here to give you peace of mind, not pressure. We’ll walk you through your options and give you real answers.
Call us today at (985) 590-6182 or send us an email for a free, confidential consultation. We’re ready when you are.
Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
If you’ve been handling your injury claim on your own, you’ve probably asked yourself this question—maybe not out loud, but it’s there.
At first, things felt manageable. You filed the claim, saw your doctor, and answered the adjuster’s calls. You were doing the right thing. But then came the unexpected bills. Confusing forms. An offer from the insurance company that seemed… quick. Now you’re stuck asking, “Is this all I’m entitled to? Is it fair? What am I missing?”
That’s when the doubt creeps in. And that’s usually when it’s time to stop asking yourself and start getting real answers.
When You’ve Reached That Point—Pay Attention
For many people, “enough is enough” sneaks up gradually. It might hit when the hospital sends you a bill your health insurance didn’t cover. Or when the adjuster wants you to settle before your treatment is finished. Or when you start realizing you don’t actually know what a fair claim looks like—or what your claim even includes.
That gut feeling that something isn’t quite right? You’re probably right.
You’re Not Supposed to Know All This
You’re not an insurance expert. You’re not a billing specialist. And you definitely didn’t ask to become an injury claim investigator while trying to recover.
The system is designed to wear you down. To get you to settle quickly. To make you second-guess whether pushing for more is “too much.” That’s why so many honest, hard-working people delay calling for help—until they realize the deck has been stacked against them from the start.
So… When Is the Right Time?
It’s the right time when you start to feel overwhelmed. It’s the right time when the questions outnumber the answers. It’s the right time when you realize you’re not sure what’s fair—or what’s even included in the settlement the insurance company is pushing.
We help you make sense of it all. And more importantly, we help you get back in control of your claim, with confidence.
Don’t Wait Until the Wheels Come Off
You don’t need to wait until the wheels come off. If you’re starting to feel unsure, that’s enough. That’s your signal. Don’t let a process that’s supposed to help you become the thing that wears you out.
Call us at (985) 590-6182 for a free, confidential consultation. Let’s talk. You’ve come this far—now let us help you finish strong.
Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
Answers to frequently asked questions regarding car accident injuries in the Northshore and Louisiana
We do not recommend that our clients speak directly with the adjuster for the other party's insurance company following an accident. Insurance adjusters are typically trained to ask you questions which benefits the insurance company and not you. Any statement you make may be recorded and may use against you later.
After suffering car accident injuries caused by another driver's negligence, it's understandable to be concerned about resolving your personal injury claim as soon as possible. However, rushing to settle your case is not always in your best interests.
Most car accident cases settle out of court.
A number of factors affect how long it takes to settle a car accident claim in Louisiana. The following is a brief overview:
Before you accept any car accident settlement offer, it can be advantageous to discuss the terms of the settlement with your attorney. An experienced personal injury attorney can help you evaluate the worth of your case to determine if the settlement provides adequate compensation for your medical expenses, lost wages, pain and suffering, and other harms and losses.
Once you have accepted a car accident settlement, you are not allowed to ask for more money later on. This means it is vital that you have someone available to advocate for your interests throughout the settlement process.
Contact us today or call us at (985) 590-6182 for a free and confidential consultation from our office located in Covington and serving all areas of the Northshore including St. Tammany, Tangipahoa, and Washington Parish (Covington, Mandeville, Madisonville, Slidell, Hammond) and the New Orleans metro!
While it may be possible to represent yourself in a car accident claim, whether it is advisable to do so depends on many factors. Most “fender benders” that do not involve injuries may be handled directly with the at-fault insurance company. However, if the accident involves substantial vehicle damage or if someone was injured, things can get complicated quickly.
So, how do you decide whether to hire an experienced car accident attorney or try to handle the claim on your own? That’s where our DIY CRASH COURSE comes in. Learn more about our 100% free and confidential DIY CRASH COURSE.
If you were a passenger in a car that causes an accident, you have the right to file a claim against the at-fault driver, even if you were a passenger in the vehicle he or she was driving. It is important to get all the information you can regarding the driver’s car insurance so that a claim may be filed on your behalf. We have successfully handled claims made by passengers.
Chiropractic treatment is common following a car accident claim, especially when the person experiences soft-tissue injuries. Chiropractors can be amazing at helping people to get some relief for their pain and manage their injuries.
Often, a chiropractor may not be covered by health insurance or may not take health insurance following a car accident injury. In those cases, bills can add up quickly and knowing how they are going to be paid is very important.
Unfortunately, in a Louisiana car accident claim, the at-fault insurance company is not responsible for paying the chiropractor as you treat. Instead, the insurance company will typically want to resolve your claim once you have finished treating. If you are successful in settling your claim, the chiropractor would be paid with a portion of your settlement funds.
In some cases, an injured victim may have what is called “medical payment or med-pay coverage” with their own auto insurance. Sometimes, a chiropractor will request to be paid from those funds.
Police officers investigating a crash have a difficult job. They have to study the accident scene, interview the parties involved, and write down what they believe happened in their accident report. If the other driver is lying about what happened, it makes their job harder.
As frustrating as it may be, the best thing you can do is calmly explain to the officer exactly what happened, being as precise about the facts as possible. If you had to be rushed to the hospital after an accident, it is important to contact the police officer so that he or she has your side of the story.
It is also important to take as many pictures and videos of the accident scene as possible. A picture can say 1,000 words and oftentimes, they reveal how the collision occurred. Even take pictures and videos of any skid marks. An accident reconstruction expert may be able to use this evidence later down the road if necessary.
Finally, make a note of any witnesses to the accident, including their names and contact information. If the other driver is making up stories, it may be a good idea to get affidavits from any witnesses and make sure the police officer takes their information into consideration.
If you received a police report for your accident which is not quite right, call us today to schedule a free and confidential consultation to discuss your options.
The first few days after a car wreck can be the most frustrating for my clients. Not only are they in pain and hurting, but a lot of times, they are also out of a vehicle and find themselves suddenly without transportation. Getting to work is usually the primary concern.
In Louisiana, the at-fault insurance company is responsible for setting up a rental vehicle for you following a wreck. However, they will not set up the rental until they have investigated the accident and accepted responsibility. Typically, an insurance adjuster will say that they are waiting for the police report or waiting to get in touch with their insured before they can start the rental process.
We have been successful in expediting the rental car process by actively communicating with insurance adjusters and making sure they have all the information about the wreck, as soon as possible.
If you have rental coverage on your own vehicle, a faster way to get the rental car is to go through your own insurance coverage. That way, you don’t have to wait on the at-fault insurance company.
Frustrated and without transportation? If you can’t come to us, we will come to you!
Car accidents can be complicated and sometimes, more than one person may be at fault for causing the wreck. In Louisiana, we have what’s known as “comparative fault.” This means that a person can recover for their personal injuries, even if they were partially responsible for causing the wreck.
For instance, if it is determined that someone is 50% responsible for causing a wreck, they can still collect 50% of their damages. Also, if the other person had the reasonable opportunity to avoid the wreck, but didn’t, you may still prevail in a personal injury claim, regardless of fault. In Louisiana, this is called the “last clear chance doctrine.” Many factors go into the success or failure of a personal injury case.
At Grady J. Flattmann, Attorneys at Law, we examine each of our clients’ cases from every angle.
The admission of a driver for causing an accident is certainly an important factor in deciding whether you have a case. Other factors include the exact circumstances of the wreck, including your own actions, and also the significance of the damages and injuries you incurred as a result of the car wreck.
When considering a party’s admission of fault following a car accident, it is important to note when the admission was said (ie. was it right after the accident?), whether it was verbal or written down, and the witnesses to the statement. These are important factors when considering if the admission can be used later on in court as evidence.
At an initial consultation, we typically ask our clients about the specific things they remember right after an accident, including if any statements were made by the other driver or if the other driver seemed disoriented or intoxicated. Noting these facts at the beginning of a case can aid greatly in its success.
Parking lot collisions are common. It is very unpleasant to walk out of the grocery store to find that your parked car has been hit. So, what do you do if your car was hit while parked?
The steps to take after your parked car is hit is the same as any other accident. First, call the police and report the incident. If anyone was in the car and is injured, report that to the police and if necessary, request emergency assistance. Note that for minor accidents on private property (like grocery store parking lots or in subdivisions), police may refuse to respond to the incident. If they do, be sure to note the time of your call and to whom you spoke, so that you can document that you attempted to call the police.
Second, take as many pictures and videos as possible of the vehicle damage and accident scene. This will be the only time you can capture that evidence, which may be important, especially if the other person’s insurance company is denying responsibility.
Third, make sure to collect the other person’s information, including their name, contact information, insurance company, and insurance policy number. This will allow you to file a claim without having to wait on a police report.
Other tips include looking around the parking lot for surveillance video and asking for a copy of the video showing the incident. If the accident happens in a store parking lot, you may even ask the store to document it by filling out an incident report.
The most common excuse an at-fault driver has when accused of running a red light is that their light was green. “Green light-red light” accidents are common and insurance companies love to deny insurance claims based on their insured’s own self-saving statement. So, how can you establish fault after a red-light accident?
First, it is very important to study the police report for any evidence the police may have gathered during their investigation. Were there any independent witnesses who saw the accident? Perhaps a fellow driver who was nice enough to stop and provide their statement?
Second, a trip to the accident scene may be useful to see if there are any stores or residences around with cameras which may have captured the accident. It is important to do this as soon as possible, since many surveillance systems erase footage after a certain amount of time.
Finally, we sometimes use an accident reconstruction expert to analyze the details of the accident, including damage to the vehicles, skid marks, etc., in order to prove how the accident occurred.
These are just a few ways we attempt to establish fault when the other driver denies running a red light.
Driving in work zone areas can be especially dangerous, not only to drivers, but also to construction, maintenance, and utility workers trying to do their jobs in those areas. There are many dangers associated with driving in work zones. These include:
After an accident in a work zone, it is even more important to collect information and evidence, if it is safe to do so. This includes taking photographs and video of the accident scene and of the vehicles and parties, making sure to take photos of the signage and road work around you (including slow speed signs, warning signs, and any changes or abnormalities in the driving lanes). Finally, if the wreck involved work vehicles or big trucks, make sure to take many photographs of them, including any markings they may have.
Being in a car accident can be a terrifying experience, especially if it happens in the middle of a busy roadway. What should you do if you are blocking traffic or at risk of getting hit again?
In a perfect world, I’d advise my clients to call the police and wait for them to arrive before moving their vehicle. The police will take notes as to the positions of the vehicles so that they can record how the accident occurred. They will also be able to assist in safely removing the vehicles from the roadway.
BUT, your safety and the safety of those around you are of the utmost importance. If your car is positioned where you think it may get hit again or cause other harm, it is okay to get it out of the way if it is safe to do so.
Before moving your vehicle, and only if it is safe to do so, take as many pictures and videos as possible to capture the original positions of the vehicles and to document the accident scene. Also, let the other drivers and witnesses around you know that you are moving the vehicle, so they do not think you are fleeing the scene of the accident for any reason.
Whatever you do, consider your safety and the safety of others first!
In Louisiana, an insurance company can “total” a vehicle if the cost to repair the damage is 75% or greater than the “actual cash value” (ACV) of the vehicle. If you are like most people however, the value of your vehicle to you is much higher than the money the insurance company may want to give you. My clients often tell me that whatever money the insurance company gives them cannot replace their old vehicle, especially if they didn’t have a note on that car!
So, what should you do if you feel that the insurance company is low-balling you on your total loss claim? First, do your own research. Sites like Kelley Blue Book are good resources for getting an idea as to the private party sale value of your vehicle. While they may not provide you with the ACV, they can at least provide you with a range of the reasonable value of your car.
Second, ask the insurance company for a copy of their total loss evaluation report. This is a document the insurance company uses to make their total loss offer. It should contain values of comparable vehicles for sale, your vehicle’s wreck history, any deductions the insurance company is taking off for prior damage to your vehicle.
Third, if you recently purchased new tires or other major parts for your vehicle, make sure you provide the insurance company with receipts from those purchases. New tires for instance, may increase the value they are willing to offer you.
Finally, if you still feel that you are being undervalued, it may be worthwhile to pay for your vehicle to be evaluated by your own independent appraiser.
Car accidents can cause tragic losses, including death. When the driver who caused an accident dies as a result, the car accident victim may still pursue an accident claim against them through their insurance company or even their estate.
In these unfortunate cases, the deceased driver’s insurance company is still responsible for any injuries and damages suffered by the victims. If the at-fault driver did not have insurance or did not have enough insurance to cover the injuries and damages caused by their negligence, the victims may have a claim against their estate.
If you've been hurt in a car accident you need to speak with an experienced car accident attorney as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.
When evaluating an insurance company’s settlement offer following a car wreck, we look at numerous factors. These include but are not limited to the extent of our client’s injuries and medical treatment, medical bills, the potential for future medical treatment, whether there are any permanent injuries, lost wage damages, and many other factors.
Many insurance companies will offer an accident victim a quick settlement. However, once a settlement agreement is reached, a release is signed, closing the door to any future claims the victim may have, even if problems surface in the future. One of the most important things to do is to make sure you know the extent of your injuries before even considering settlement.
Another consideration is the amount of liability insurance available to the injury victim and whether the injured person has any other insurance available to them, such as uninsured/underinsured motorist coverage.
Finally, understanding any repayment obligations the injured person may have is important in considering a settlement. Many times, an injured person settles their claims without thinking about outstanding medical bills, Medicare or Medicaid repayment obligations, and other third-party interests.
Each case is unique and at Grady J. Flattmann, Attorneys at Law, we treat each one of our clients as individuals and carefully analyze their cases when it comes time to evaluate settlement.
If you've been hurt in a car accident you need to speak with an experienced car accident attorney as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.
Often, what we originally think is a minor “fender bender” turns out to be more than we expected, either in terms of damage to our vehicle or injuries that progressively get worse.
The bad news is that it is common after fender benders, to refrain from calling the police, take photos and videos, and do all those things we should be doing after an accident in order to properly document the wreck.
But wait, there is good news! Just because the police weren’t called does not mean that the other party cannot be held responsible or that an insurance claim cannot be filed with their insurance company. Beware. Time is of the essence. The longer you wait to pursue the car wreck claim, the harder it becomes to prove your case.
When a client comes to our firm in a similar position (without an accident report), we quickly get to work gathering all of the information and evidence we can in order to prove our case. We immediately report the claim to the at-fault insurance company and let them know the extent of any injuries.
The average vehicle on the road these days weighs just over 2 tons! That’s plenty enough to cause injuries, even in “fender benders.”
If you've been hurt in a car accident you need to speak with an experienced car accident attorney as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.
Beware of an insurance company offering you a “quick settlement” following a car wreck. This is the WORST TIME to settle your case. Why?
First, adrenalin in your body is released during an accident and can often mask serious injuries for several days. Never settle a car accident claim before you have fully recovered from your injuries or at least understand the extent of your injuries. What may seem like a good offer a day after your wreck can look like pennies compared to how you feel a few days later.
Second, in the days after an accident, you may not be thinking clearly, especially if you suffered a concussion or severe whiplash during the wreck. Now is not the time to analyze a settlement offer.
What happens if you accept an insurance company’s settlement offer? In order to finalize the offer, the insurance company will send you a “release.” This is a statement they want you to sign in order to give up any claims you may have in exchange for the settlement money. By signing a release, you literally sign away your rights to ever bring a lawsuit against the at-fault party or their insurance company, even if a hidden injury pops up later.
If you have received a settlement offer from an insurance company following a wreck and would like to review it with an attorney for free before you accept it!
If you've been hurt in a car accident you need to speak with an experienced car accident attorney as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.
Negligence refers to the failure of someone in taking the proper care in doing something. It can include the wrongful action or inaction of a person which contributes to a car accident. For example, a person’s use of a cell phone while driving may be negligent, especially if it leads to distracted driving and causes a wreck.
Car accident lawyers seek to prove negligence by gathering evidence about the car accident including witness statements, dash cam footage, “black box” data, and other things. Sometimes, an expert in accident reconstruction and human factors may be consulted in order to better understand the specific circumstances leading up to a wreck.
In order to be successful in a personal injury claim in Louisiana, you must prove that the other party was negligent. Understanding how to do this may mean the difference between winning and losing your case.
If you've been hurt in a car accident you need to speak with an experienced car accident attorney as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.
We have lots of two-lane road highways in south Louisiana, especially on the rural areas of the Northshore. Take for instance the Folsom Highway (Hwy 25), Highway 21 (Military Rd.) from Bogalusa through Bush, to Covington, and even Highway 36, from Covington, through Abita Springs, and to Pearl River.
Two-lane roads refer to roads with one lane of traffic in either direction. That means when you pass someone on a two-lane highway, you have to go into the oncoming lane of traffic during the pass. Even on rural roads, this can be dangerous for a variety of reasons.
First, you should always obey the passing indicator lines. Never pass over a solid stripe, as that indicates that it is not safe to pass, typically due to lack of visibility ahead (such as a turn in the road) or an upcoming intersection. Simply put, a solid stripe indicates that you don’t have time to pass the vehicle ahead of you.
But even when you have a dashed line, allowing you to pass the vehicle in front of you, be aware.
(1) Look in front of you to make sure there is not an oncoming vehicle in the other lane anywhere close. Err on the side of caution, as you don’t know the oncoming vehicle’s speed and how fast it is approaching.
(2) Look for cars in driveways in front of you and anticipate that they are going to enter the highway right when you try to make your pass. The car in a driveway may be turning onto the highway in the opposite direction to you and think that it is safe to enter, not knowing that you are about to use their lane for passing. (While we are on the subject, if you are about to enter onto a highway, let ALL cars in BOTH directions pass before entering the highway. You never know when a vehicle is going to try to pass another).
(3) Look behind you before passing the vehicle in front of you. Another driver may be in even more of a hurry behind you and about to pass you.
If you've been injured in a two-lane road car accident contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Hammond, Lacombe, Pearl River, and Slidell.
Car accidents can occur anywhere at any time. On the Northshore, we have some big shopping centers with lots of stores, lots of shopping, and lots of cars! Those lots are typically private property, as opposed to public roads. So, what happens if a car accident happens on private property?
First of all, call the police. Depending on where you are, the police may or may not be willing or able to issue an accident report. They may tell you that they do not issue reports for wrecks that occur on private property.
Regardless of whether a police report is done, make sure to take as many pictures and videos as possible of the accident scene, of the vehicles involved, and even of the parties. Do this ESPECIALLY if a police report is not going to be issued. This is your only chance to preserve evidence of the scene.
Also, make sure to get the other driver’s insurance and driver’s license information. Take photos of his or her license plate and note the make, model, and color of their vehicle.
Finally, if you think that liability (who is at fault) will be an issue, it would be worthwhile to check with store owners around the area to see if they have surveillance video of the wreck.
If you've been hurt in a car accident on private property and need help contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Hammond, Lacombe, Pearl River, and Slidell.
After a car accident, insurance claims are typically filed with the at-fault driver’s car auto insurance company, whether it be State Farm, Allstate, Progressive, Geico, or any of the others. But, when do you file the claim, how do you file the claim, and what do you tell the claims representative?
Remember, if you hire Flattmann Law, we handle the entire process, including filing the insurance claim, so you don’t have to worry about any of this…. But, if you choose to go it alone, here are some tips:
When to file an insurance claim?: You should file an insurance claim with the at-fault driver’s insurance as soon as possible following a car wreck. Don’t rely on the other driver to file the claim for you. Sometimes they don’t, thinking that maybe you won’t file the claim and they will avoid the situation altogether.
Should you file the claim with a local insurance agent?: Typically, it is easier and more direct to file the claim by calling the insurance company’s main 1-800 number. If you file the claim with a local agent, it may feel more comfortable, but in reality, they simply turn around and report it to the main claims team anyway.
How long will it take to file a claim?: Filing an auto insurance claim can usually take anywhere from 30 minutes to an hour, depending on how much information the auto insurance company already has about the wreck. But be warned, depending on the insurance company and the day/time you call, just reaching the representative may require being on hold for upwards of an hour.
What should I say?: If you hire Flattmann Law to handle your car wreck case, you don’t have to worry about saying anything to the insurance adjuster. We take care of it all. But, if you are handling your own claim, our advice is to be very careful in what you say. The adjuster will be recording or taking detailed notes of everything you say. (We know this because in almost every case we handle where our client spoke to an adjuster before hiring us, the adjuster tries to use things our clients said in their initial phone call against them).
Regarding your injuries and medical treatment, remember that it may take a few days or even a few weeks for some injuries to reveal themselves. For example, if your low back is severely injured following an accident, your neck pain may not seem as severe at the time. After a few days, however, you may notice that you aren’t able to look to the left without pain. Be careful when the adjuster asks you “how are you doing?”
If you've been hurt in a car wreck and would like to leave the claims process up to an experienced car wreck attorney contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Hammond, Lacombe, Pearl River, and Slidell.
We get calls from clients all the time who have been involved in a car wreck and then receive a subpoena from the Court, asking them to appear and to testify at a hearing. It can be confusing and upsetting for the Sheriff to knock at your door and hand you a piece of paper commanding your appearance… but don’t worry!
If the person who caused your accident received a ticket for causing the wreck, they will have to appear in Court on a given date and tell the Court (plead) whether they admit guilt or are challenging the charge against them. This is even done on small infractions. If the defendant does not pay the ticket or plead guilty, then a hearing or trial is set so that their case can be heard before a Judge. (Some Courts have a special traffic Court for handling these matters).
If a hearing or trial date is set, the District Attorney’s office may issue subpoenas in order to have witnesses appear at the hearing to testify as to the fault of the at-fault driver/defendant. That’s why the Sheriff is knocking on your door.
First of all, take it seriously and plan to appear at the hearing unless otherwise told not to do so. Second, you should call the District Attorney’s office and speak with the Assistant District Attorney in charge of that particular case. Let them know that you received a subpoena and, if you are the accident victim, tell them. They may be interested if the at-fault driver had insurance and whether their insurance company took care of the damage to your vehicle. Sometimes, the District Attorney is interested in asking the Court to make the defendant pay “restitution” if he/she didn’t have auto insurance or hasn’t paid for the damages they caused.
At Flattmann Law, we encourage our clients to contact us if they receive anything about their car accident claim, including subpoenas. We then walk them through the process and try to take the anxiety out of the process.
If you have questions about a subpoena you received following a car wreck contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Hammond, Lacombe, Pearl River, and Slidell.
According to the National Highway Traffic Safety Administration, “sending or reading a text takes your eyes off the road for 5 seconds. At 55 mph, that’s like driving the length of an entire football field with your eyes closed.”
Imagine driving down a football field with your eyes closed. Now imagine other vehicles coming toward you and people on the field. How confident are you that you can avoid hitting them?
“In 2020, 3,142 people were killed in motor vehicle crashes involving distracted drivers.”
https://www.nhtsa.gov/risky-driving/distracted-driving
Teens are the most susceptible to distracted driving, not only due to using their own cell phones while driving, but also because of passengers in the car. Teens also lack the experience of driving with distractions and can easily shift their focus away from the road.
If you have been the victim of distracted driving and want a personal injury law firm that will help you every step of the way contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Hammond, Lacombe, Pearl River, and Slidell.
UM insurance stands for “uninsured motorist” coverage. As discussed in several other articles, UM insurance is optional in Louisiana and not required by the State in order to be “legal.” UM insurance comes into play when the at-fault driver doesn’t have liability insurance or doesn’t have enough insurance to adequately cover you for your personal injury losses. In those cases, you make a claim with your own insurance under your UM coverage.
Unlike the other driver’s insurance company, your UM insurer (your auto insurance company) owes you a direct duty pursuant to your insurance contract with them. As with most contracts, that means both you and your insurance company have certain obligations and duties to each other.
One of the duties your UM insurer has is “fair dealing.” That means the insurance company should not try to trick you during the claims process. For example, a UM should not threaten you during the claims process, or try to get you to settle quickly by saying things like, “this is your last chance,” or “if you don’t accept this now, you can’t later.”
Another obligation your UM insurer has to you is to handle your claim in “good faith.” That means a few things. First, it means that they have an obligation to properly evaluate your claim. Second, it means that after they are provided with “adequate proof of loss,” they must adjust (evaluate) your claim within a reasonable time. Finally, it means that they must make “unconditional tenders” to you of the amount(s) they believe your claim is worth.
An unconditional tender is a payment your UM insurer should make to you after they are provided with adequate proof of your losses. For example, say you have proven to your UM insurer that the other party caused your wreck and are uninsured. You have also provided proof of your medical bills and injuries in the way of medical bills and doctor notes. If, after evaluation, your UM insurer believes that your personal injuries (including doctor bills and general damages) have a value of $5,000, they must “unconditionally tender” that amount.
An unconditional tender means that the insurance company must send you a check for the undisputed amount of your claim, without any strings attached. For instance, they should not require you to sign a release in order to get your money.
In many situations, you may think that your UM claim is worth more than your insurance company is tendering. For instance, if you think your claim is worth $10,000, but the UM insurer only tenders $5,000. In those cases, it is important to remember that you still retain the right to pursue the remainder of your claim, even if a tender has been made.
At Flattmann Law, we handle UM claims and hold UM insurers to their obligations. If you do not think you are being treated fairly by your UM insurer contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Hammond, Lacombe, Pearl River, and Slidell.
An accident happens to you on your way to work. You are in a hurry and the damage doesn’t look that bad. Should you call the police anyway? The answer is… Probably! But if you insist on not calling the police, here are a few tips.
The police will document the accident (even a minor accident), and collect important information from both drivers. The information collected by the police should include the other person’s name, insurance information, and vehicle information.
If you have to make an insurance claim with the other driver’s insurance company, they will ask you if you have a police report. If you don’t, this may slow down the claims process, since they will have to rely on other evidence in order to take responsibility for the wreck.
At the scene of the accident, even if the other person seems nice and reliable, you never know if they are giving you the correct information or if they will admit fault to their insurance company later. Having a police report is the best way to document information right after a wreck.
I get it. You are in a hurry and the other person doesn’t want you to call the police. Maybe they are a young driver and you don’t want it on their record. You choose not to call the police. What should you do?
During an accident, adrenaline is released in the body, sometimes masking injuries. It may take a few days for some injuries to reveal themselves. If you feel that you are injured, get medical attention as soon as possible. If you let it go too long, the insurance company will discredit that the accident caused your injury.
At Flattmann Law, we know that even accidents that seem minor can result in serious injury. If you were involved in an accident and something just doesn’t seem right, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
Passengers in car accidents are often overlooked when it comes to accident claims. To their detriment, they typically rely on the driver to file an insurance claim for them. However, many factors, such as allocation of fault for the accident, make it a good idea for injured passengers to file and pursue their own claims…and to have UM coverage!
Even if the driver of the vehicle you were riding in initiated a car insurance claim with the at-fault insurance company, you are responsible for filing your own insurance claim and providing them with adequate proof of your loss (ie. your injuries and damages). Don’t rely on your driver to file and pursue a claim on your behalf.
At the accident scene, make sure to take your own pictures and videos, and make sure to collect the at-fault driver’s information, including their driver’s license, auto insurance card, and vehicle registration. If the accident was in part caused by the driver of the vehicle you were in, make sure to collect the driver’s information as well. (see below…this may be awkward, but you may have a claim against their insurance as well).
Did the driver of the car you were riding in do anything to cause the wreck? Could they have done anything to avoid the accident? These may be uncomfortable questions, especially if the driver is your relative or friend, but they are important in determining legal responsibility. These are the questions the car insurance companies will be asking in order to determine liability.
Sometimes, liability is split among the drivers involved. Louisiana is a “comparative fault” state. That means that fault (or liability) may be allocated among the parties responsible for causing an accident. In some clear-cut situations, such as rear-end collisions, a car insurance company may accept 100% responsibility. However, some wrecks may not be as straightforward and in those situations, liability may be split among two or more parties.
Remember, filing an insurance claim does not mean that you are suing the other person. It just means that you are pursuing a claim with their insurance company to cover your bills and losses.
If I was a passenger, why does it matter if I had UM (Uninsured/Underinsured Motorist) coverage? It matters because if the at-fault driver(s) does not have insurance or does not have enough insurance to cover your harms and losses, then your own UM coverage may provide you with extra insurance, even if you were only a passenger.
UM may be especially important in wrecks where many people are injured. In those cases, even if the at-fault driver had liability coverage, they may not have enough coverage to cover all of the injured victims. It is always best to protect yourself by having UM coverage.
If you have been injured while riding as a passenger in a car accident, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
In Louisiana, the parties to a civil lawsuit, like a car wreck case, have the right to a trial by jury if the amount in controversy is $10,000 or more. However, if the amount at issue is less than $10,000, or if the parties agree, the case may be tried to a judge, without a jury.
In a civil case, including car wreck cases, it is possible that the case may be decided by a jury or by a judge (a bench trial). This depends on a variety of factors, including the amount at stake. Also, the parties can agree (or stipulate) to a judge trial and waive their right to a jury trial. This is not uncommon and happens more often in smaller cases. The advantage to a bench trial is typically that it is quicker and less expensive than a jury trial.
The jury “threshold” means the amount in controversy (the value) a civil case must reach for the parties to have the right to a trial by jury. In Louisiana, the jury threshold is currently $10,000. That means the parties to any civil case with a potential of damages of $10,000 or more may request a trial by jury.
In 2020, Louisiana’s jury threshold was reduced from $50,000 to the $10,000 noted above. There is much debate as to whether a lower jury threshold is good or bad. Without getting into a political argument regarding tort reform, there is little doubt that lowering the jury threshold has led to log jams in civil court and increased case delays.
A majority of the time when we file civil lawsuits involving car accidents, the amount at issue exceeds the jury threshold, meaning that the at-fault insurance company will typically request a trial by jury, even if we do not ask for one ourselves. That means there may not be a decision to make regarding a jury versus judge (bench) trial.
If there is a choice to make between a jury or judge trial, the decision is based upon a number of factors unique to the case, including the venue (which court we are in), the facts of the case, whether liability is in dispute, the amount at issue, etc. At Flattmann Law, we always make these decisions with our clients’ input and approval.
If you have been injured in a serious accident and want to know your options, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
In Louisiana, having rental coverage is not a requirement for auto insurance. However, it can be very important in the event of an accident and we encourage you to have it.
If the other person caused the accident, shouldn’t their insurance cover your rental? Technically, yes, but relying on the at-fault driver’s insurance to get you a rental vehicle may take a while (a week or more sometimes). That’s because the at-fault insurance company has “built-in” ways of delaying your rental request. Here are a few examples:
In a nutshell, even though the at-fault driver’s insurance is technically responsible for a rental, you may be waiting a while for the reservation!
If you have rental coverage, the first thing you want to do is let your insurance company know about the accident. Some people are hesitant to do this because they fear that their rates may go up or the insurance company may drop them. But remember, in Louisiana an insurance company cannot drop you or raise your rates due to a “non-fault” accident (an accident that is not your fault). Second, rental coverage is something you pay EXTRA for and are not legally required to have. This is exactly what it is for!
After filing a claim, tell your insurance company that you would like to use your rental coverage. Depending on the insurance company, they will either set up a rental reservation for you or explain how they will reimburse you up to a certain amount per day for the rental. Also, be sure to ask them how long the rental will last.
Typically, if you have rental coverage, you will also have “collision” coverage, also something you pay extra for. As discussed in some of our other articles, collision coverage covers your vehicle damage regardless of who is at fault for an accident. Like rental, it is usually easier to go through your own collision coverage for vehicle repairs rather than waiting on the other person’s insurance company.
Yes, the at-fault driver’s insurance will be responsible for reimbursing your insurance company for any money they paid on your behalf for rental costs. The good news is that your insurance company will take care of getting reimbursed, so you don’t have to worry about it. If your insurance paid you for your car damage (through your collision coverage), your insurance company will also seek reimbursement directly from the at-fault insurer, and will also try to get your deductible from them on your behalf.
If you have been injured and have questions about the ins and outs of insurance after a car wreck, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
At Flattmann Law, we are not surprised when a client tells us that the other driver did not receive a ticket for causing an accident, even when they were obviously at fault. I’d estimate that around 50% of the time, tickets are not issued following car wrecks. So, how does that impact your car wreck claim?
The other driver does not have to receive a ticket or citation for you to be able to file and pursue an auto insurance claim with their insurance company. While the insurance adjuster may ask if anyone received a ticket, that fact will not, in and of itself, determine whether the insurance company accepts responsibility. Instead, to decide on liability, the adjuster will also consider how the accident happened according to the police report, dash cam footage, witness statements, and other available evidence.
In short, the insurance company can still choose to accept responsibility/liability for a car wreck, even if their driver did not receive a ticket for the wreck.
If you were injured in a wreck caused by another driver contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
A Slow Process… Until it Isn’t:
After a car wreck, the insurance company’s evaluation of your vehicle damage (your property damage claim) may take a while to get started. The insurance company has to investigate the accident, determine liability, send an adjuster out to your vehicle or have you or the shop do a “virtual inspection,” and estimate the value of your damages. In Louisiana, the law states that if the cost of repairing your vehicle is 75% or more of its actual cash value (ACV), then the insurance company can declare it a “total loss.” In that case, the insurance company must pay you the ACV.
Once a vehicle is declared a total, buckle up! At that point, the adjuster is under pressure to put a stop date on your rental (if you have one), stop any continuing storage costs on the vehicle, and process the paperwork as quickly as possible.
So, what can you do ahead of time to prepare yourself for a total loss? Here are some steps to take if you even suspect your vehicle will be totaled after an accident.
If your vehicle is at a tow yard or repair facility following an accident, go to the yard and get all of your belongings out of it. Don’t forget to check the trunk, glove box, and under the seats! You should also bring a screwdriver so you can get the license plate off of the vehicle.
This is important because the insurance company usually wants to have your vehicle moved to their own location when it is being evaluated, in order to avoid paying storage fees. The vehicle may be moved far away, and once that happens, it will be a lot more difficult for you to get your belongings and license plate in the event it is totaled.
Even if you took photos and video at the scene of the wreck, make sure to take even more when you go to visit your car wherever it is being held. Take photos and video at all angles, of all the damage, and even the interior, especially if the airbags deployed. If you can, take a photo of the odometer reading.
Photos and videos may be important if you have to hire your own damage appraiser to fight the insurance company regarding the value of your vehicle, or if the insurance company wants you to send them evidence of the damage and/or mileage. This evidence may also be important to an accident investigator later on.
When you are waiting on the insurance company to decide whether your vehicle is a total loss or not, you may feel stuck. But this is the time to be proactive! While you may not be able to purchase another vehicle before the total loss process is complete, you can start looking so that you have options in mind as soon as you are able to move forward.
If your vehicle is totaled and you have unexpired extended warranties or unused GAP insurance on it (less common), then you may be due a prorated refund. Pull out your sale paperwork and call the warranty company. In some cases, the dealer from whom you purchased the vehicle may be able to help you through that process.
If you have been injured and your car was totaled in a car wreck due to the fault of another driver contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today.
Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
If you are a Medicare beneficiary or even have a replacement or advantage plan through providers like Blue Cross, Humana, United Healthcare, or People’s Health, you need to be extra careful when it comes to knowing your reporting requirements following a car wreck, especially when the accident resulted in medical treatment.
Medicare Wants To Know About Your Accident:
Federal Regulations require you to take Medicare’s interests into consideration following an accident, illness, or injury which may be the responsibility of a third party. This includes car accidents caused by another driver.
The accident is usually reported to Medicare through the Benefits Coordination & Recovery Center (BCRC) and/or the Centers for Medicare & Medicaid Services (CMS) and includes information about the accident, the responsible party’s insurance, and your injuries. Medicare then reviews any payments they may have made to medical providers on your behalf and send you a “conditional payment” letter, itemizing those payments. Once a personal injury claim is settled, the settlement is reported to Medicare, who determines how much, if anything, is owed to them in repayment out of the settlement proceeds.
It is important to comply with Medicare’s reporting requirements and properly open and close a claim with Medicare. If this is not done or not done correctly, Medicare may choose to take action against you, including the withholding of social security benefits.
Medicare Reporting Applies Even If You Have A Replacement (Advantage) Policy:
A lot of Medicare beneficiaries have replacement (or advantage) plans through various providers like Blue Cross, Humana, United Healthcare, and People’s Health, to name a few. If you have one of these plans, Medicare simply pays the plan a set price every month on your behalf and then the plan itself pays the medical provider.
If you are in an accident and have a replacement/advantage plan, it is still important to report the accident to BOTH your health insurer and to Medicare. Even though Medicare usually doesn’t pay any medical bills directly, they still want to know about the accident and it is still important to open and close a claim with Medicare/CMS properly in order to remain compliance.
Medicare Even Cares About Future Medical Bills:
Even if you properly report and reimburse Medicare for any accident-related bills they paid on your behalf, it is important to evaluate whether you will require additional wreck-related medical treatment in the future. If so, Medicare doesn’t want to pay for it!
Instead, depending on the circumstances, Medicare may want you to put funds aside out of an insurance settlement, for the payment of your future accident-related medical expenses. This is called a Medicare Set-Aside (“MSA”). MSAs are more common in workers-compensation claims, but must also be considered in the context of a personal injury claim.
If you have been injured in a car wreck and are a Medicare beneficiary and want to make sure you stay compliant following a car accident contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today.
Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
If you’ve been through a wreck and are now dealing with an injury claim, it’s completely normal to feel worn down. What may have started as a few phone calls and doctor’s visits can quickly become a confusing and stressful process filled with paperwork, insurance adjuster calls, medical bills, and questions you didn’t expect to face. Add in the pain you’re still dealing with, and it’s no wonder many people reach a point where they think, “I’m over it. I just want this done.”
If that sounds familiar, you’re not alone—and you’re not being unreasonable. The truth is, this is exactly how the system is designed to make you feel.
Insurance companies know the process is exhausting. They know the longer it goes on, the more likely you are to settle quickly, even if the amount they offer doesn’t come close to covering your losses. The pressure, the delays, and the frustration are not accidental—they’re strategy. They hope you’ll get tired of doctor visits and documentation, that you’ll stop treatment before you should, and that you’ll accept a lowball offer just to put it behind you. We’ve seen it happen to too many good people who were just trying to do the right thing.
At Flattmann Law, we don’t disappear when the claim gets complicated or when you’ve hit your emotional limit. We stay with you through it all, guiding you at each step, answering your questions honestly, and helping you see the bigger picture when it’s hard to keep going.
Sometimes, what our clients need most isn’t legal advice. Instead, it’s someone who understands how draining this process is and who’s willing to listen, even if you just need to vent.
We understand the fear that hiring a lawyer might make things more complicated. But in most cases, it’s the opposite. Our clients often feel immediate relief once we step in. We take over the communication with the insurance company, organize your medical records, manage your bills, and make sure your claim stays on track.
You still make the final decisions, but you won’t be doing it in the dark or under pressure from people who don’t have your best interest at heart.
Feeling like you’re ready to walk away from the claim doesn’t mean you’ve failed. It means you’ve been trying to carry too much for too long without the right support. Before you make any final decisions, let us take a look and offer our perspective. We’ll be honest with you. If your case is in a good spot, we’ll tell you. If we see red flags, we’ll explain them and help you figure out what to do next.
Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
If you’ve been in a car wreck in Covington or anywhere on the Northshore, you might be wondering what actually happens during a settlement. Most people assume the insurance company just cuts a check, but that’s rarely the case.
As a local personal injury law firm that focuses exclusively on injury cases, we believe our clients deserve to understand the process clearly and honestly.
Here’s how a car accident settlement typically works at Flattmann Law:
We build your case before talking numbers. We gather your medical records, bills, lost wages, photos, and anything else that shows how the accident affected your life. This is especially important in serious injury cases involving injections, surgery, or long-term care.
We send a demand to the insurance company. This is a detailed letter that explains your injuries and losses, supported by documentation. It tells your story using facts, not just opinions.
The insurance company responds. Sometimes they make a fair offer. But often, their first offer doesn’t fully account for everything you’ve been through. That’s when negotiations begin.
We negotiate for what’s fair. You’ll be involved in every step. We never pressure clients into settling, and we won’t accept any offer without your full approval.
Once we settle, we take care of the final details. That includes resolving medical liens, coordinating final bills, and making sure you receive the compensation you deserve.
A settlement doesn’t mean your case was simple or easy. It just means you were able to reach a fair result without having to go to court. At Flattmann Law, we help good people across the Northshore navigate this process with confidence and clarity.
If you have questions about your injury claim, even if you’re not sure whether you want to hire a lawyer, we’re happy to talk with you.
Flattmann Law serves personal injury clients across the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
How long will this process take? This is probably the most asked question we get from our clients. The answer…it depends. Insurance claims can take anywhere from a few weeks to several years to resolve, depending on a number of factors.
Typically, we do not want to settle an insurance claim before our client is either fully healed from their injuries or comfortable with their future medical outlook. Why? Because insurance claims are valued in part based on the types of injuries incurred and the amount of time it takes to recover from those injuries. Settling a case prematurely can sometimes limit the true value of an insurance claim.
In Louisiana, the state requires drivers to have minimum car liability limits of 15/30/25. This means liability limits of $15,000 per person up to $30,000 per accident and $25,000 for property damage. A majority of Louisiana drivers have minimum limits. Unfortunately, this means that if you are seriously injured in a car accident, the person who caused the accident may very well have only $15,000 in insurance coverage available to cover your medical bills and general damages, like pain and suffering, lost wages, etc. That’s not much considering that an ambulance ride from Hwy 190 to St. Tammany Parish Hospital alone can cost $3,000 and a hospital bill can cost another $2,000 to $8,000.
Why does this impact how long an insurance claim takes? If there is limited insurance available, the value of a major personal injury claim will quickly reach those limits. At Flattmann Law, we keep insurance companies informed about our clients’ injuries and treatment. As a result, when our clients’ claims reach policy limits, insurance adjusters often call us in an attempt to resolve those claims as quickly as possible.
In major injury cases, while it is good news if the at-fault party has high limits of liability coverage, it also means that the claim may take longer to resolve. In those cases, it is important for our clients to get to a point of maximum medical improvement before settling their case, and doing so can take time.
Insurance companies are experts at trying to pass the blame to the injured victim of an accident. If the insurance company is refusing to accept responsibility (liability) for a wreck, we may have to take extra measures to prove our case. This can be anything from conducting interviews of witnesses to hiring crash reconstruction experts. Often, if an insurance company is refusing to accept liability, it requires the filing of a lawsuit and lawsuits can take a long time to finalize.
If you have been in an accident and have questions about how long it will take to resolve your car wreck claim contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Hammond, Lacombe, Pearl River, and Slidell.
I get it. After a car wreck, you may be shaken up and achy, but you just don’t have time to go to the doctor. “I’ll just take some Motrin and rest.” You have a full-time job, kids to pick up from school, and just not enough time to deal with your own injuries. “Hopefully I’ll feel better after a few days.” If this is you, I understand. But just know that if you don’t take time to properly document your injuries soon after an accident, the insurance company probably won’t give you credit for them later, even if you are really hurt and things get worse later.
If your injuries are not documented in black and white in a medical provider’s records, the insurance company will not consider them in the adjustment of your insurance claim. It doesn’t matter if you have been dealing for months with persistent back pain. As the insurance company sees it, if your injuries weren’t bad enough to cause you to seek medical treatment, they aren’t serious enough to compensate.
When you go to the doctor’s office, urgent care, the chiropractor, or to the emergency room, you will have several opportunities to document your injuries. First, you will likely be asked to fill out patient forms, including a review of your current symptoms. It is important to accurately complete these forms and list ALL of your current symptoms.
When you meet with the medical provider or their staff, it is also important to describe ALL of your injuries, even if some seem minor in comparison.
When the insurance company reviews your medical records, they should evidence all of the injuries you are claiming were caused or aggravated by the wreck. The medical records will corroborate your reported injuries and help prove your claims.
It is human nature to downplay our own injuries. It is also typical for us to leave out what we may think to be minor symptoms when other, more major problems are bothering us. For instance, if you suffer a right shoulder dislocation, your focus will be on that and you may fail to mention that your left ankle is also swollen.
In a personal injury case (like a car wreck), it is important to list ALL of your symptoms to a medical provider, even if they seem minor. That’s because if minor symptoms get worse over time, the insurance company may not believe that they are related to the car wreck if those symptoms were not documented soon after the accident. For instance, if you report low back pain for the first time six months after an accident, the insurance company will have a hard time relating it to the wreck since it wasn’t documented soon thereafter. This is the case even if you had low back pain immediately after the wreck and either didn’t see a doctor or failed to report it.
It is true that a picture can say a thousand words. If you have visible injuries, such as bruises, bumps, scrapes, road rash, stiches, or other wounds, take as many pictures and videos of them as necessary. Do this during your entire healing process so that you can have a record of your injuries. In some cases requiring wound care, photos can be important to prove the amount of effort that went into cleaning and dealing with your injuries, and any permanent scarring you may have.
We provide a diary to all of our clients so that they can document their injuries, treatment progress, doctor appointments, missed work, and general wellbeing during their recovery. Keeping a diary is a good idea, as it is important to memorialize how you are feeling in the moment, rather than trying to remember those details months or even years later.
If you were shaken up because of an accident and not sure what to do contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Hammond, Lacombe, Pearl River, and Slidell.
One of the most common questions following a car accident is “Do I file a claim with my insurance, the other person’s insurance, or both?” As explained below, the quick answer is that you may want to file with both insurance companies, especially if the wreck was not your fault.
At Flattmann Law, we can take care of every aspect of an insurance claim, including the initial filing of claims following a car wreck. This means you don’t have to file a claim with anyone. If we take your case, we can take care of that for you!
If the accident was caused by the other driver, make sure to file a claim with their insurance company as soon as possible. Sometimes, the other driver has already reported a claim and a claim is already set up and all the insurance company needs is your information. Sometimes, however, a new claim has to be set up, which can take a good deal of time over the phone.
“Why would I report the claim to my insurance company if I’m not at fault?” “Won’t that just raise my rates?” I know that people are hesitant to report insurance claims for fear that their rates may go up or that they may get cancelled.
But rest assured that by law, insurance companies in Louisiana are not allowed to raise your premium or cancel your insurance based on “no-fault incidents.” Louisiana Revised Statute 22:1284 prohibits insurance companies from increasing rates, cancelling, or failing to renew any motor vehicle insurance policy based on one or more no-fault incidents, meaning an accident involving a vehicle covered by a policy in which the driver of the insured vehicle was not at fault.
One reason for reporting the claim to your insurance company is that it may be required by your insurance policy. Typically, the fine language in the insurance policy requires policyholders to report any accident or potential claim to the insurance company as soon as possible. If you don’t report an accident, the insurance company may try to hold that against you if you have to file a claim in the future.
A second reason for filing a claim with your insurance company is to make sure they hear from you first regarding the accident. Remember that anyone can file an insurance claim. You don’t want your insurance company to hear from the other driver first, even if they are lying about the facts of the accident in an attempt to skirt responsibility. Also, the at-fault insurance company will likely check to make sure your insurance was valid at the time of the accident. In Louisiana, this is called the “no pay, no play” rule, which requires a claimant to have their own valid insurance.
Finally, another reason for filing a claim with your insurance company is that it may be the quickest way to resolve your property damage and rental claim. If you have collision coverage (which is optional coverage), going through your own insurance company for an accident is typically faster than waiting on the at-fault insurer to investigate the claim. (Check out our other articles on collision coverage). Also, if the at-fault party did not have insurance or had only minimum coverage, you may have claims with your own insurance company if you have optional coverages like UM or med-pay.
If you have been injured in a wreck and feeling overwhelmed about the insurance claim process, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
Answers to frequently asked questions regarding car accident injuries in the Northshore and Louisiana
After a wreck with a big truck, a representative of the truck’s insurance company may call you about the accident. They may tell you that they are investigating the accident and would like to take your recorded statement. You should not give a statement to the other person’s insurance company. Louisiana law does not require you to give a statement to the other person’s insurance company. In most cases, one of the goals of the insurance adjuster is to get you on a recording saying that your injuries are not that bad. Insurance adjusters receive lots of training on how to interview victims of truck accidents. They use leading questions and oftentimes ask you to agree with them that you are not injured or that your injuries are not significant.
When we take on a case, we tell our clients that the only thing they have to tell the insurance adjuster is to call us!
After a wreck with a big truck, a representative of the truck’s insurance company may call you about the accident. They may tell you that they are investigating the accident and would like to take your recorded statement. You should not give a statement to the other person’s insurance company.
Louisiana law does not require you to give a statement to the other person’s insurance company. In most cases, one of the goals of the insurance adjuster is to get you on a recording saying that your injuries are not that bad. Insurance adjusters receive lots of training on how to interview victims of truck accidents. They use leading questions and oftentimes ask you to agree with them that you are not injured or that your injuries are not significant.
Truck accidents can have devastating effects, not just in terms of injuries, but also with regard to medical and other bills. Sadly, even if someone is so injured that they can’t go to work anymore, that doesn’t mean that bills stop coming.
Unfortunately, in Louisiana, the at-fault insurance company is not required to pay your medical bills “as you go.” Instead, medical bills are included in any resolution, at the end of your case. In the meantime, there may be several solutions, such as using your own health insurance to cover medical bills. In some cases, people may even have “medical payment coverage” as part of their own vehicle insurance, which may provide them with funds to pay medical bills.
Part of our job is working with our clients to find solutions to problems like this.
The answer to this question depends on many factors, the most significant being the seriousness of one’s injuries. Other factors we consider in assessing the value of a claim include the length of medical treatment, the amount of medical bills, future limitations or disabilities, and lost wages.
The value of a truck accident claim may also grow over time if a person is continuing to suffer or treat for their injuries. We take great pride in explaining our valuation process to our clients throughout the course of their case.
Big trucking companies and their insurance carriers often fight very hard against accident claims. This is because truck accidents often result in significant injuries. At our firm, we use several techniques to hold trucking companies responsible for accidents.
First, we make sure that the trucking company is put on notice that they should preserve any evidence which may be important to the case, including “black box” data, photographs of damage, toxicology reports, and driving records. Tracking down the appropriate insurance company for the truck company can also be difficult.
Second, we make sure the truck company and their insurance carrier are kept up to date as to the severity of our client’s injuries and their progress or lack of progress during recovery.
If the truck company is not accepting responsibility for the wreck, we file a lawsuit against them, uncover more evidence, take depositions, and prepare our client’s case for trial.
Big truck accident cases are often complex. Having an experienced truck accident attorney on your side is important to the outcome of your case. Call us today for a free and confidential consultation.
It is important to understand the difference between “criminal” cases and “civil” cases when it comes to truck accidents or any accident. Criminal charges are typically brought by the District Attorney against the at-fault individual when it is determined that they violated a law and caused harm. Finding someone guilty in a criminal case results in fines or imprisonment for that person, depending on the case.
We handle civil cases involving truck accidents. That means we seek compensation (money) for our clients as a result of the injuries and damages they suffer. Winning a lawsuit or settling with an insurance company in a civil case results in the payment of money, but does not subject the at-fault person to fines or imprisonment.
Sometimes, a truck accident can result in both criminal and civil cases. An example is when a truck driver was intoxicated and severely injures or kills someone in a crash. In that case, the truck driver would be subject to criminal charges and could be sued for civil damages.
The process of investigating truck accidents varies from case to case and is sometimes similar to investigations of car accident claims. However, there are several things we may do during an investigation, unique to truck accidents.
First, a lot of big trucks, like 18-wheelers, contain electronic logging devices, similar to the “black box” we often hear about. These devices can track the truck’s speed, locations, and critical events, like braking. We sometimes have accident reconstruction experts assist us in inspecting the truck and downloading data from its electronic logging devices.
Second, in the event of big trucks hauling loads or making deliveries, it may be important to obtain evidence as to the driver’s activity on the day of the accident or the days leading up to the accident. Evidence such as driving logs and whether the driver took required breaks can be important in a truck case to show driver fatigue.
Another topic of investigation in big truck accident cases is the driver’s personnel records. Does he have a history of accidents? Did his company conduct a background investigation before putting him on the road? In some cases, showing that the trucking company knew or should have known that their driver was unsafe, is important for holding the company liable.
While each big truck accident is different, it is important to collect evidence immediately after an accident. As soon as we are hired on a big truck case, we skillfully tailor our investigation around the unique aspects of the case.
If you have been involved in a wreck with a big truck, chances are that the truck company or their insurance company will look to blame you for the accident.
Common defenses to a big truck accident include the following:
• Blaming the other driver for coming to a sudden stop in front of the truck.
• Blaming the other driver for being in the truck’s “blind spot.”
• Blaming the other driver for “scooting” in front of the truck at the last second.
Oftentimes, these defenses can be refuted with evidence from the accident scene, including photos of tire tracks, analyzing vehicle damage, and even accident reconstruction. Sometimes, we will collect the truck’s “black box” data, which includes information on the truck’s speed and braking just before impact.
Big truck accidents can get complicated quickly.
The length of time it takes to resolve a truck accident case depends on many factors. First, we never want to settle a truck accident claim until our client has fully recovered from his or her injuries or is in a position where he or she knows what the future holds for them in terms of their medical wellbeing.
Once our client is in a position to resolve their claim, a second factor that determines how long it takes to resolve a truck accident case is whether the at-fault insurance company is taking responsibility for the truck accident.
Finally, even if an insurance company is accepting 100% liability for a truck accident, that does not mean that they will value your claim fairly. If an insurance company is not willing to offer a fair settlement, this may lead to filing a lawsuit against them, which does take time.
Don’t feel bad if you already gave the insurance company a recorded statement following a truck accident. About half of our clients unwittingly give recorded statements prior to hiring us, only to later discover that the law doesn’t require them to do so.
The number 1 reason we typically do not allow our clients to give recorded statements following a truck accident is because they are unnecessary. If the insurance company has the police report, can speak with their own insured, or can otherwise obtain facts indicating that their insured was at-fault for causing the accident, why do they need your statement? The reason is because they want to have a free chance at you saying the wrong thing or stating that you are “ok” following an accident. They want a clip of your own voice to use against you later. That’s it.
If you do hire a personal injury attorney, it is important to tell them whether you have given a recorded statement so that they can ask for that statement from the insurance company. If you regret giving a recorded statement, don’t beat yourself up about it. Call us instead.
At Grady J. Flattmann, Attorneys at Law, we offer free and confidential consultations for all accident cases, including wrecks involving big trucks. At our consultation, you will meet with an experienced accident lawyer. We discuss the facts of the wreck, the evidence collected, your injuries and medical treatment, and even your vehicle damage. Then, we work together to create a plan of action moving forward in order to protect your legal rights.
At our firm, we are 100% no pressure. If we believe you can handle your case on your own, we will tell you and even provide some pointers. Our goal during a consultation is to make sure your questions are answered and you come away from our visit feeling confident in the direction of your case.
In Louisiana, the statute of limitations (also known as the prescriptive period) to file a lawsuit for car and truck accidents is one year from the date of the injury or damage sustained. This means that if a lawsuit is not properly filed within that period, the injured person’s claims are no longer valid.
To be clear, filing an insurance claim with a big truck’s insurance company following a wreck is NOT the same as filing a lawsuit. An insurance claim is the process of notifying the at-fault insurance company of the wreck and your damages and injuries and pursuing compensation for those injuries. Filing an insurance claim does not require filing a lawsuit if the claim can be resolved within that year period discussed above. Sometimes, if a claim cannot be resolved, a lawsuit must be filed to preserve and pursue our client’s claims.
Being involved in an accident with a big truck or commercial vehicle is often confusing, especially when it comes to filing an insurance claim. Sometimes, a police report will list the driver of the truck, the leasing company, the owner of the trailer, and finally, an insurance company you have never heard of. What do you do?
When we receive a case involving a big truck or commercial vehicle, we immediately get to work researching the parties involved. One of our first calls is to the at-fault insurance company in order to begin evaluating whether they are taking responsibility for the accident, and for the fault of the truck driver. At the same time, we may also request information from the owner of the truck and its driver to make sure the information is matching up.
Ultimately, the insurance claim will be filed with the truck’s insurance company. However, if the insurance company is denying responsibility for the driver’s actions, further investigation is needed in order to protect our clients’ claims.
Oftentimes, it may be difficult to get in touch with the right person with a big company to report and get information after a car wreck. Big companies typically have their own car wreck claim units or hire third-party companies to handle such claims.
Getting to the right person can be challenging and frustrating. Front-line employees who answer the 1-800 number may not have the right information to get you in touch with the claim’s unit. In most cases, it takes some digging to get to the right department.
If a big company is not responding to your calls, chances are that you do not have the right person’s attention. For instance, if you have been leaving messages for the operator or another front-line employee, they are probably disregarding your calls as “not their problem.”
Though years of experience, we have found that persistence and resourcefulness are the keys to making sure our clients’ claims are handled properly and taken seriously. When our client is in an accident involving a big company, we gather all of the information possible to make sure we get the right person’s attention. Ultimately, our goal is to get the claim in front of the insurance representative or third-party administrator in charge of handling car accident claims.
If you've been hurt in a semi-truck or large vehicle accident you need to speak with an experienced truck accident lawyer as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.
Sleep deprivation is a common cause of truck-related accidents. 18-wheeler drivers sometimes push themselves beyond their limits in an effort to make sure their haul is delivered on time. To unsuspecting motorists in their vicinity, this can mean disaster.
Sometimes, what the police may tell you following a big truck wreck may be speculation based on their investigation of the accident and they may not put those statements in the report. Typically, we end up taking the officer’s deposition in order to better understand why he or she made such comments.
One of the things we do during the course of a big truck lawsuit is investigate the state of the truck driver in an attempt to uncover evidence of driver’s fatigue. This can be done by analyzing driving records, including logbooks showing whether the driver took required breaks. Accident reconstructionist experts may even be brought in to analyze the specifics of an accident in order to uncover evidence of driver fatigue or sleep deprivation.
If you've been hurt in a semi-truck or large vehicle accident you need to speak with an experienced truck accident lawyer as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.
Answers to frequently asked questions regarding car accident injuries in the Northshore and Louisiana
At our firm, you only pay us if we collect money for you. Our initial consultation is FREE. We handle ALL personal injury cases on a “contingency” basis. This means that at the end of your case, we charge a percentage of the total amount we ultimately receive for your personal injury claim. Any expenses we incur (for instance, police reports, medical records, etc.) are charged, dollar for dollar at the end of the case, ONLY if we obtain money for you.
Handling any personal injury case without the help of an experienced motorcycle injury attorney can get out of hand and become complicated very quickly.
Do you have health insurance, Medicaid, Medicare, or VA Benefits that paid for your injuries? If so, how much will they expect in reimbursement? What are your total damages, including future medical treatment, lost wages, and pain and suffering? Is the insurance company being fair with respect to the damages to your motorcycle?
At our firm, we take care of every aspect of your case, allowing you to focus on getting better. We make sure that the insurance company treats our clients fairly under the law and that all other issues are handled properly.
At our firm, you only pay us if we collect money for you. Our initial consultation is FREE.
We handle ALL personal injury cases on a “contingency” basis. This means that at the end of your case, we charge a percentage of the total amount we ultimately receive for your personal injury claim. Any expenses we incur (for instance, police reports, medical records, etc.) are charged, dollar for dollar at the end of the case, ONLY if we obtain money for you.
The law regarding the types of damages that can be claimed following a motorcycle accident are the same as those regarding car accidents. Following a motorcycle accident, the injured person has property damage claims and personal injury claims.
Property damage claims include damage to the motorcycle and even damage to clothes or other possessions. It also includes rental coverage during the time the motorcycle is being repaired.
Personal injury claims include things like the person’s medical bills, pain and suffering, lost wages, future disability, mental anguish, and lost enjoyment of life.
We take pride in making sure our clients understand their rights after being involved in an motorcycle accident.
Motorcyclists are often unfairly blamed when a wreck happens. Common things drivers say when they are involved in a car versus motorcycle accident include: “he came out of nowhere,” “he was in my blind spot,” “he was weaving through traffic,” or “he was going too fast.” Due to this unfair prejudice, motorcyclists sometimes find themselves having to prove that an accident wasn’t their fault.
Being very clear about how a wreck occurred, the positions of the vehicles, and the precise sequence of events can help the driver of a motorcycle prove that he or she was not at fault. The insurance company will try to match up statements with the evidence to determine who is liable for the accident.
Gathering evidence immediately following the accident is also very important. Taking pictures and videos of the accident scene and gathering information from potential witnesses can be very helpful in proving that you were not at fault for the wreck.
Motorcycle accidents often result in severe injuries. It is important that our clients receive the necessary medical treatment for their injuries and we take pride in assisting them through the recovery process, every step of the way.
Unfortunately, after a motorcycle accident, the at-fault insurance company is not legally required to “pay as you go” to the doctor. Instead, they want to settle your entire claim in one lump sum. Sometimes, the insurance adjuster will offer a small amount, knowing that a person cannot afford the medical treatment they really need.
We understand that not everyone has health insurance to cover necessary doctor visits. In such cases, we assist our clients in finding doctors who are dedicated to their recovery and who work with us to make sure our clients receive the treatment they need, even if they don’t have insurance.
Motorcyclists often have an uphill battle convincing insurance companies that the other driver was at fault for causing a motorcycle versus car accident. The at-fault driver often says that the motorcycle “came out of nowhere” and sometimes, police reports do not clearly or accurately show what happened.
If your motorcycle insurance claim is denied, that is not the end of the road. We have successfully represented people whose claims were initially denied. Once we are hired, we will investigate the case fully and make sure that the insurance company has all the facts and is comparing apples to apples.
If the insurance company continues to deny your claim, you must make a decision whether to file a lawsuit in order to pursue your claim. In Louisiana, victims of a motorcycle accident have one year within which to file a lawsuit. If they don’t, their claims vanish as if the accident never occurred and they cannot seek compensation.
As with any personal injury claim, the amount an injured person may expect to receive following a motorcycle accident depends on many factors.
First, a determination must be made as to liability. In Louisiana, we have comparative liability law, meaning that even if a person is only partially liable for causing an accident, they are responsible for paying part of the damages. For example, if a person is found 25% liable for causing an accident and the total damages are $100,000, that person is responsible for $25,000 of the damages.
Second, the extent of the victim’s injuries, medical expenses, lost wages, and other damages must be calculated to determine the value of the claim. This is sometimes a complicated process, especially when a person’s injuries and damages may continue into the future.
Every case is different and we treat all of our clients as individuals. Once a case is ready for resolution, we work hard to analyze its monetary value and communicate with our clients every step of the way.
Being a police officer is a hard job and it doesn’t get easier when it comes to writing accident reports. The police officer comes onto the scene of the accident after it has happened, after vehicles have been moved, and sometimes, even after one or more of the parties has been transported to the hospital. A police officer is oftentimes tasked with writing a report without the benefit of having key facts.
If a police report contains a minor error following a motorcycle accident, you should get in touch with the police department and ask if they can have the officer contact you to discuss the report. If there is a minor error, the officer will most likely work with you to correct the problem.
If you disagree with the officer’s assessment of fault following a motorcycle wreck, the officer will be less likely to amend their report, unless you present important evidence (such as video of the accident), which they didn’t have before.
While a police report cannot be used as evidence in a civil trial, the insurance company will definitely rely on it to make their decisions.
Answers to frequently asked questions regarding car accident injuries in the Northshore and Louisiana
The Jones Act is intended to provide benefits for seamen who have been injured in offshore work-related accidents. However, benefits are not paid indefinitely. Your employer is only liable for your medical care until you have reached maximum medical improvement.
Maximum medical improvement (MMI) means that your condition has improved as much as it is expected to. This means that you are either fully recovered and able to return to work or stabilized but left with a permanent disability.
Under the terms of the Jones Act, your employer is only obligated to pay for your medical care until you have reached MMI. In clear-cut injuries such as a broken arm, it is fairly obvious when MMI has occurred. However, in cases such as paralysis or a traumatic brain injury, there can be more of a dispute as to when you have reached MMI. You may wish to continue seeking additional treatment, but your employer may be pushing to declare that you have reached MMI so that the company is no longer obligated to pay benefits.
When you have suffered a debilitating injury that will not allow you to return to work, you may want to receive Social Security disability payments or other government benefits once you are no longer covered for maintenance and cure benefits under the Jones Act. However, if your injury was the result of employer negligence, you may still be entitled to benefits for loss of future wages under maritime law.
It is never in your best interests to let your employer’s doctor decide if you have reached MMI. Declaring you have reached MMI too soon will leave you without access to the maintenance and cure benefits necessary to pay for your medical expenses.
Protect your right to compensation under the Jones Act by contacting an attorney with experience in this area of maritime law. Your attorney can work with you to ensure that you receive the benefits you may deserve.
Contact us today at (985) 590-6182 for a free and confidential consultation from our office located in Covington and serving all areas of the Northshore including St. Tammany, Tangipahoa, and Washington Parish (Covington, Mandeville, Madisonville, Slidell, Hammond) and the New Orleans metro!
No, you should not have to give a recorded statement to an insurance adjuster in order to receive benefits. That’s because in a Jones Act case, your company (the Jones Act employer) owes the injured seaman a duty to provide them with maintenance (a daily rate for room and board) and cure (medical expenses), regardless of who was at fault for causing the accident.
If the insurance company calls and asks questions about how the accident occurred, they are trying to get information so that they can prepare a defense for any claims you may have in the future for other items of recovery, including disability and wage loss.
Yes and No. Most of the time, an employer will not specifically state that they are firing you because you are pursuing an injury claim. If they do, they are most likely in violation of state and federal laws.
Instead, if you are in an “at-will” state like Louisiana, the employer may terminate you for being unable to come back to work. Most of the time, an employer is not required to keep your job available to you.
However, in a Jones Act case, a seaman has the right to file suit against their employer to recover lost wages and future lost wages caused as a result of their injuries. Also, a Jones Act employer is required to pay for the injured workers’ maintenance (daily living expenses) and cure (all the medical expenses required to get the injured worker to maximum medical improvement).
Beware! We have seen many cases where an employer “took care” of an injured worker until the statute of limitations had passed for that worker to file a lawsuit. Once the time period passed, the employee was terminated and time-barred from protecting their rights.
We know that filing a Jones Act claim is a big decision. Let us help you make it. We offer free confidential consultations so that you can better understand your rights.
If you were injured while working on the water, a determination should be made by an experienced maritime attorney as to whether you qualify as a Jones Act Seaman for purposes of making a “Jones Act Claim,” or if your claim falls into another category, such as under the Longshoreman and Harbor Workers Compensation Act (LHWCA), or state workers’ compensation law.
A Jones Act claim is very different than an ordinary workers’ compensation claim and provides the injured worker with the right to pursue significantly broader claims.
If a lawsuit has to be filed under the Jones Act, the proper place (venue) for filing your lawsuit depends on many factors, including where the incident occurred, where the company is located, and whether any third-parties are responsible for your injuries. Commonly, a decision must also be made as to whether the lawsuit should be file in state or federal court.
We help injured seamen navigate through the complex waters of their Jones Act claims.
When a person who works on the water is injured, it is critical to know whether that person would be considered a Jones Act Seaman, Longshoreman, or otherwise. Factors we consider in making this evaluation include the person’s job duties, how long they have been employed, whether they were permanently assigned to a vessel, and whether the accident took place when they were working in service to the vessel.
If a person is considered a Seaman for purposes of the Jones Act, their employee must continue to pay room and board payments (maintenance) and their medical bills (cure).
Additionally, a Jones Act Seaman is entitled to pursue claims for their pain and suffering and past and future lost wages. If third parties are involved, the injured person could have additional claims as well.
Maritime accident claims can be extremely complicated and are very fact dependent. Having an experienced Maritime lawyer on your side could mean the difference between being fairly compensated and missing out on claims to which you may be entitled.
Cargo loading accidents are very common in the maritime industry and can lead to serious injuries or even death. Understanding what kind of claim you have is key in determining your rights.
Cargo loading accidents can happen on a dock, pier, or even at sea. If the incident occurs at sea, the Jones Act may apply if the injured person is considered a “seaman.” Under the Jones Act, the injured seaman is entitled to maintenance (daily costs of room and board) and cure (medical expenses) until they reach maximum medical improvement. A Jones Act seaman may also pursue a claim against his or her employer for future wage loss, disability, and general damages.
If the cargo loading accident occurs while a ship is being loaded or unloaded on an inland dock or pier, the claim may fall under the Longshore and Harbor Workers’ Compensation Act (LHWCA), which is a federal law. Under the LHWCA, the injured worker is entitled to medical care and a percentage of their wages. If a worker is permanently disabled, a payment schedule is used to calculate compensation.
Understanding what kind of claim you have and knowing your rights is critical to protecting yourself and your loved ones in the event of a maritime accident.
Probably not. If you are truly a Longshoreman or Dockworker and not a Jones Act Seaman, the Longshore and Harbor Workers Compensation Act (LHWCA) would likely apply to your case.
But, deciding whether you could qualify as a Jones Act Seaman is critical to understanding your rights moving forward. The Jones Act provides many rights that the LHWCA does not.
The Jones Act covers “Seaman” who are injured while at work. Determining whether someone is considered a Jones Act Seaman can be an extremely complicated and fact-dependent process.
Factors we consider in making such a determination include, but are not limited to the person’s job duties, the length of their employment, whether they were permanently assigned to a vessel or fleet of vessels, whether the accident took place when they were working in service of a vessel.
Understanding whether you qualify as a Jones Act Seaman is critical to protecting yourself after a work injury.
Maybe and maybe not. Whether you have a Jones Act case depends on whether you are injured and if you qualify as a Jones Act seaman.
First, it is not uncommon for oil field workers to get hurt on the job and keep working, either for fear of being fired, fear of being taken off the rig, or being tagged as a liability. But, if you are hurt on a rig and don’t report your injury, you will have trouble getting the company to pay for benefits later on, such as medical expenses.
If you are injured, you must determine what kind of claim you have. To qualify under the Jones Act, an injured worker must be a Jones Act seaman. There are many factors in determining this, including whether the accident occurred on a navigable vessel, whether the employee was working in the service of the vessel, and even the employee’s work history with the company.
Determining your rights following an injury on an oil rig can be complicated. If you have questions concerning an incident while working offshore, call us today to schedule a free and confidential consultation.
How long it takes for a Jones Act case to settle or resolve depends on many factors specific to each case, such as the person’s injuries and medical treatment, the facts of the case, and the parties involved.
In a Jones Act case, the Jones Act employer is responsible for “maintenance and cure.” That means the employer must pay for the injured employee’s medical expenses and basic living expenses until they reach maximum medical improvement. Depending on the extent of the worker’s injuries, medical treatment may last several years. A resolution to a Jones Act case does not typically occur until the worker has finished treating or at least understands what the future may hold for them.
The facts of a Jones Act case also play a key role in the length of time the case takes to resolve. Often, employers do not want to accept responsibility or refuse to accept full responsibility for the worker’s injuries. In those cases, lawyers must gather evidence during a lawsuit to determine the cause of the accident and the parties responsible.
Finally, a Jones Act case against a worker’s employer may also include claims against the owner of the vessel upon which the incident occurred. Sometimes, “unseaworthiness claims” and other general maritime law claims may be included against third parties in lawsuit. In those cases, the lawsuit process involves an investigation as to each company’s involvement in the accident.
A Jones Act employer is not allowed to retaliate against an employee for exercising their rights under the Jones Act. However, the burden is on the employee to prove that the employer’s motivation for firing him was due to the employee exercising their rights.
If a Jones Act seaman is injured while working, their employer is responsible for providing them with medical treatment (cure) and for providing them with payments for their continued room and board (maintenance). The Jones Act employer’s duty to pay maintenance and cure continues until the injured seaman has reached “maximum medical improvement,” that is, when it is determined that further medical treatment will not help them to get any better.
The Jones Act also allows the injured seaman to seek damages for future wage loss and disability, but these damages must be proven.
Under the law, a Jones Act lawsuit must be filed within 3 years of the accident date. However, before relying on that 3 year period, it is important to know for sure if your case qualifies under the Jones Act or another law, such as the Longshore and Harbor Workers’ Compensation Act (LHWCA), general maritime law, or state worker’s compensation law.
In order to qualify under the Jones Act, a number of requirements must be met. For instance, the injured victim must be considered a Jones Act seaman who was contributing to the mission of a certain vessel or fleet of vessels for a certain length of time. It must also be determined whether the injury occurred on a “vessel” capable of navigation.
Determining whether your accident qualifies under the Jones Act or falls under another law makes a huge difference in terms of your right to pursue certain claims, including for life-long disability.
In other articles, we discussed the several factors to consider in determining whether one qualifies as a Jones Act seaman and if their case qualifies under the Jones Act. If it does, the Jones Act allows an injured seaman to pursue many claims which are not available under other laws. These include claims for permanent disability and future lost wages, among others.
The Jones Act is unique and provides greatly different rights than other laws, such as the Longshore and Harbor Workers’ Compensation Act (LHWCA), general maritime law, or state worker’s compensation law. It is very important to consult with an experienced Jones Act attorney as soon as possible after an incident in order to understand your rights.
Answers to frequently asked questions regarding car accident injuries in the Northshore and Louisiana
The term “commercial truck” typically refers to a truck owned by a company, and not by an individual. Commercial trucks can mean anything from 18-wheelers to dump trucks, and even pickup trucks being used by a construction company. If a truck, or any vehicle for that matter, is owned by a company and being used by that company’s employees, it would be considered a commercial vehicle.
Just like a personal vehicle, a commercial vehicle must be insured in order to be legally driven in Louisiana. However, a commercial vehicle will typically be covered by commercial liability insurance, under the company’s policy of insurance, and not necessarily by the driver’s personal liability insurance.
When we represent someone injured by a commercial truck, it is important that we identify the business who owns the vehicle and the proper insurance company with whom to file an injury claim. Sometimes, a commercial insurance company has a different claims process than a personal insurer, so that will also be determined in order to ensure that a claim is handled properly.
Accidents are stressful enough—but when they happen while you are “on the clock,” the questions multiply fast.
Here’s what you need to know if you were driving (or riding in) a company vehicle during a wreck in Louisiana.
If another driver caused the wreck, you may have the right to pursue a personal injury claim against them—just like in a normal car accident. It doesn’t matter that you were in a company vehicle at the time.
If the wreck happened while you were performing your job duties—like making deliveries, traveling to a work site, or running errands for your boss—you may also have a workers’ compensation claim.
That means:
If you were off-duty (like driving the company car to lunch or commuting), you might not qualify for workers’ comp—but the at-fault party’s insurance may still apply.
Yes. If you were injured in a company vehicle by someone else’s negligence, you may be able to file both: (1) a workers’ compensation claim through your employer; and (2) a personal injury claim against the at-fault driver’s insurance company.
In these cases, it’s crucial to coordinate both claims carefully. The wrong move could jeopardize your benefits—or cost you money down the road. For both, there are deadlines, like reporting your injuries to your employer and filing suit against the person who caused the accident.
If you’re not technically an employee (think gig workers, delivery drivers, etc.), your options may be different. You might not be eligible for workers’ comp, but you could still pursue a personal injury claim depending on who was at fault.
Company vehicle accidents add extra layers of insurance and liability questions. The good news? You don’t have to sort through it alone.
If you’ve been injured while in a company vehicle during a car wreck, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today.
Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
Answers to frequently asked questions regarding car accident injuries in the Northshore and Louisiana
A wrongful death claim is a type of civil action that allows the loved ones of someone who has been killed due to another party's negligence to seek damages in court. While the settlement funds can't bring back the deceased, it can help make up for the financial stresses facing the decedent's family.
Under Louisiana law, only certain family members are eligible to file a wrongful death claim. The following is a brief overview of who can file the claim:
Adopted family members have the same rights as those who are related to the deceased person by blood or marriage. However, a parent who abandoned the deceased person during his or her childhood years may not be permitted to file a claim. For the purpose of a wrongful death suit, parental abandonment is treated as if the parent is deceased.
In a wrongful death claim, time is of the essence. The claim must be filed within one year of the deceased person's death or you lose the ability to collect damages.
Filing your claim in a timely matter is also important because valuable evidence can be lost if you wait to take legal action. For example, witnesses may be more difficult to locate or have trouble remembering key facts if several months have passed.
A wrongful death claim is separate from any criminal charges filed that relate to the death. However, the evidence in a criminal case may help establish negligence in a wrongful death claim.
If you lost a family member due to a negligent act you need to speak with an experienced Covington area wrongful death attorney as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help families throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.
Typically, in Louisiana a wrongful death claim must be filed within one year of the date of a person’s death. In very limited circumstances, there may be exceptions to that rule, such as when the cause of death is not known within the year. It is important to note also that only certain family members are allowed to bring a wrongful death claim in Louisiana. Also, some family members may have other claims related to a loved one’s death, known as a “survival” action. It is important to consult with an experienced wrongful death attorney who can help a grieving family navigate through these important issues and to make sure the family’s rights are protected.
Yes. Just like any personal injury case, it is possible that a wrongful death case may be settled, either before having to file a lawsuit, or, if a lawsuit is filed, prior to going to trial before a judge or jury. While every case is different, whether a case may be settled “out of Court” depends on many factors, including the value of the case and the willingness of the insurance company to be reasonable. At our firm, we prepare every case as if we are going to trial. Also, our clients are kept up to date every step of the way so that they are well-informed and feel comfortable when making decisions regarding the direction of their cases.
No. After a loved one’s wrongful death, the at-fault insurance company will immediately look for any way they can reduce the amount of money they may ultimately owe. With very few exceptions, there is no reason to talk with the insurance company.
Instead, if you suspect that a loved one’s death was caused by someone else’s negligence, it is very important to speak with a skilled wrongful death attorney. We offer free and confidential consultations to grieving families. At the consultation, we can talk about your rights and answer questions such as:
• How to file a wrongful death insurance claim?
• Which family members have the right to pursue a wrongful death or survival claim?
• What kind of claims do you have?
• Who is at fault?
• How to preserve evidence?
The length of time it takes for an attorney to settle a wrongful death claim depends on many factors. Two important factors include whether the at-fault insurance company is accepting liability (fault) for what happened and the amount of insurance available to compensate the victim’s family.
When the at-fault insurance company refuses to accept fault for the accident, a lawsuit must be filed to dig into the facts and hold them accountable. Unfortunately, quick settlements in wrongful death cases are often an indication that a very small amount of insurance is available to cover the loss.
Wrongful death cases can be very complicated and may include multiple defendants and complex theories of liability. It is important to have an experienced wrongful death attorney on your side. At Grady J. Flattmann, Attorneys at Law, we pride ourselves on our compassionate approach to handling complicated wrongful death cases for grieving families. Call us today to schedule your free and confidential consultation.
Determining the appropriate place (venue) in which to file a wrongful death lawsuit in Louisiana depends on many factors. Generally, if the death occurs in Louisiana, the lawsuit could be filed in State Court in the Parish where the incident occurred, or where any of the defendants reside or have their main offices. If any of the defendants are citizens of a different state than the plaintiff, then the lawsuit may be filed in Federal Court.
Also, keep in mind that in Louisiana, only certain relatives have the right to file a wrongful death or survival action on behalf of the decedent. For instance, if the decedent left a wife and children, they would be able to file the claims and the decedent’s parents or siblings would not be able to do so.
Deciding where to file a wrongful death lawsuit is an important decision. Filing in the wrong place can result in severe consequences and can even risk having the case thrown out of Court.
In Louisiana, punitive, or punishing damages, can be recovered against an intoxicated driver who causes a wreck. Under the law, a person is intoxicated if their blood alcohol level is 0.08 percent or more, or if they are under the influence of certain drugs.
When a loved one dies due to the negligence of an intoxicated driver, certain heirs may pursue damages by filing “wrongful death” and “survival” claims. Only certain heirs have the right to pursue such claims, to the preclusion of other heirs. For instance, if the decedent was married and had children, the spouse and/or the children can file such claims, but his/her parents and siblings could not. If the decedent was not married and did not have children, then his/her parents may pursue the claims.
We offer free, confidential, and “no pressure” consultations.
A wrongful death claim arising from a car accident is a type of car accident claim. The big difference is that in a wrongful death claim in Louisiana, the law dictates the family member(s) who may pursue the claim.
When a death occurs as a result of a car wreck, certain family members of the decedent may bring “wrongful death claims” and “survival actions.” These terms are often used interchangeably, but they are different. Wrongful death actions seek damages to the decedent’s family member, suffered by them personally as a result of their loved one’s death. Claims include, but are not limited to loss of love and affection, funeral expenses, and in some instances, loss of financial support.
Survival actions, on the other hand, are the claims the decedent would have had if they had not died. They include the decedent’s own pain and suffering and mental anguish from the time of injury until the time of death, as well as any medical bills they incurred prior to death.
If you are struggling with the loss of a loved one due to a car accident, please let us help explain your rights. We offer free, confidential, and “no pressure” consultations.
Let’s talk about the difference between “criminal” law and “civil” law. Criminal law refers to the prosecution of someone charged with committing a crime. This can range from a simple traffic violation to murder. In a criminal law case, the State or District Attorney is the prosecutor, and it is up to the suspect to their own attorney or public defender to defend them against the charges. In criminal law, the consequence of being found guilty includes penalties such as fines or jail time.
Civil law refers to the pursuit of someone’s claims for money damages against another party. This can be from anything ranging from a breach of contract matter to a claim for personal injuries arising from a car accident. In these cases, the injured party can hire an attorney who may file a claim against the at-fault person’s insurance company or even file a civil lawsuit against the responsible parties. The outcome of a civil matter is typically for the payment of money.
Sometimes, a person’s negligent actions can result in both criminal and civil cases. Take for example a drunk driver who kills another person. That drunk driver can be charged with a crime by the District Attorney and at the same time, the victim’s family can bring a civil case for wrongful death against them.
Wrongful death is a specific type of civil action, giving a victim’s family the right to pursue the at-fault party for damages sustained as a result of the death of their loved one. In contrast, murder is a specific criminal charge the District Attorney or State would prosecute against the at-fault party.
In Louisiana, when a loved one dies as a result of a car wreck, certain family members of the person may bring “wrongful death claims” and “survival actions” against the at-fault parties.
Wrongful death actions seek damages to the decedent’s family member, suffered by them personally as a result of their loved one’s death. Claims include, but are not limited to loss of love and affection, funeral expenses, and in some instances, loss of financial support.
Survival actions, on the other hand, are the claims the decedent would have had if they had not died. They include the decedent’s own pain and suffering and mental anguish from the time of injury until the time of death, as well as any medical bills they incurred prior to death.
Understanding the proper family member(s) who may file a wrongful death claim is very important. If you are struggling with the loss of a loved one due to a car accident, please let us help explain your rights. We offer free, confidential, and “no pressure” consultations.
Yes, in Louisiana the laws are very specific as to the family member(s) who have the right to file a claim or lawsuit for the wrongful death of a loved one.
In Louisiana, only certain people may bring wrongful death and survival claims. Pursuant to Louisiana Civil Code Articles 2315.1 and 2315.2, the following people may bring the actions to the exclusion of those below them on the list:
1. The surviving spouse and child or children or either the spouse or child;
2. The surviving father and mother, or either of them;
3. The surviving brothers and sisters, or any of them; and
4. The surviving grandfathers and grandmothers, or any of them.
Therefore, it is important to consult with an experienced wrongful death attorney as soon as possible in order to understand your rights.
When a family member dies due to the negligence of someone else, certain family members have the right to pursue personal injury claims. These are referred to as wrongful death and survival claims. Knowing the difference is important.
A survival claim includes all of those claims the decedent would have had if he had survived the accident. These include things like the victim’s conscious pain and suffering, medical bills, and funeral expenses.
A wrongful death claim includes the survivors’ personal claims due to the loss of the loved one. These include loss of support and loss of consortium (love an affection).
In Louisiana, only certain people may bring wrongful death and survival claims. Pursuant to Louisiana Civil Code Articles 2315.1 and 2315.2, the following people may bring the actions to the exclusion of those below them on the list:
1. The surviving spouse and child or children or either the spouse or child;
2. The surviving father and mother, or either of them;
3. The surviving brothers and sisters, or any of them; and
4. The surviving grandfathers and grandmothers, or any of them.
In the US, motor vehicle crashes are the leading cause of death. Think about that! Crashes kill over 120 people every day. (U.S. Centers of Disease Control and Prevention)
We talk a lot about the many causes of car accidents and how to help avoid them. Lots of things lead to wrecks, such as distracted driving, speeding, impaired driving, not following traffic signals, inexperience, fatigue, reckless behavior, weather conditions, etc. But if we had to narrow it down to the leading 3 causes of traffic accident deaths, what would they be?
Impaired Driving (Alcohol and Drugs):
According to the National Highway Traffic and Safety Administration (NHTSA), 13,524 people died in alcohol-impaired driving traffic deaths in 2022. Alcohol impairment played a factor in about 30% of traffic fatalities.
Speeding:
According to the National Safety Council, speeding was a factor in 29% of all traffic fatalities in 2022, killing 12,151 people. Driving too fast, combined with other factors, like unfavorable weather conditions is a deadly combination. Speeding drastically reduces reaction times and increases the severity of collisions.
Distracted Driving:
Distracted driving includes a lot of things: talking or texting on the phone, eating, reaching in the back seat, adjusting the radio, etc. According to the NHTSA, cell phone use alone contributed to 3,308 motor vehicle deaths in 2022!
If you have been injured in a car wreck involving an impaired driving, speeding or distracted driving contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today.
Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
Over the past 20 years, we’ve represented many families grieving with the loss of a loved one in a traffic accident. I’m always humbled when these families choose our law firm to help them with such an emotionally charged matter and we do everything we can to balance outstanding legal advocacy with empathy and respect for the family.
Compassion and Communication:
Throughout the case, from the moment of our initial consultation through resolution, we understand the magnitude of the family’s loss and work to identify the best way we can represent them, with the most respect for their loved one.
Communication is always important to us because we want our clients to have peace of mind that their case is being handled efficiently and effectively. When a death is involved, we work with the family to strike a balance between communication and providing space for grieving. However, clear expectations and timelines are set so that our clients are not overwhelmed by unexpected tasks.
Respect for the Deceased:
To the extent the family feels comfortable, we want to understand who the decedent was as a person, just as if we were representing them directly. Such appreciation helps us present the family’s real losses to the insurance company, who would rather view it as just another claim number.
At the pace of the family, we talk about their loved one, look through photos and videos, and get to know them. At trial or mediation, we often present slideshows and videos, showing the deceased person for who they really were and emphasizing the true loss suffered by the family.
Evaluation and Expectations:
In any case we handle, the hardest part is converting pain and suffering to dollars and cents. But in civil law, monetary compensation is the only relief we have available. In a death case, this process is even more difficult.
However, at the appropriate time, we work with our clients to form a reasonable expectation of legal compensation. We understand that every case is different and that every person is unique. That’s why we go through a lengthy process of evaluating our clients’ claims based on the circumstances of their case.
We know that our clients have a lot to deal with after the loss of a loved one. That’s why we do everything we can to make the legal process a little easier.
If you are dealing with the incredible loss of a loved one after a vehicle accident contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today.
Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
Answers to frequently asked questions regarding car accident injuries in the Northshore and Louisiana
Slip and fall accidents are considered a type of premises liability claim. If your injury was caused by the property owner's failure to maintain reasonably safe conditions, you may be able to seek compensation for expenses related to the incident.
As soon as you fall, you should report the injury to the property owner. If you are injured in a store, restaurant, or another public establishment, report the incident to the manager on duty. Request a written copy of the report for your own records.
You might be tempted to dismiss a bit of soreness or stiffness as a minor inconvenience, but it is important to seek medical attention after a slip and fall accident. Minor symptoms can turn into something more serious. For example, a backache might be a sign of a herniated disc.
Documentation is vital in a slip and fall claim. Write down your account of the incident in as much detail as you can remember while it is still fresh in your mind, including the names of any witnesses who can corroborate your statement. Take photographs of the accident scene if you are able to. Keep your shoes and clothing from the accident in a safe spot in case these items are requested as evidence. Gather copies of medical bills and documentation of other expenses related to the accident.
After an accident that may result in a premises liability claim, it is important to avoid speculation as to who is at fault. Don't talk to friends and family about the incident or make social media posts about the incident. Stay calm and limit your communication to a brief report filed with the property owner or manager.
A slip and fall accident may entitle you to compensation for medical expenses, lost wages, and pain and suffering. However, insurance companies are typically in no hurry to pay a claim. Protect your rights by contacting an experienced personal injury attorney who can advocate for your interests throughout the settlement process.
Contact us today or call us at (985) 590-6182 for a free and confidential consultation from our office located in Covington and serving all areas of the Northshore including St. Tammany, Tangipahoa, and Washington Parish (Covington, Mandeville, Madisonville, Slidell, Hammond) and the New Orleans metro!
Answers to frequently asked questions regarding car accident injuries in the Northshore and Louisiana
Being injured on the job may not be a straightforward process, especially when someone else caused the accident. This can take place at the jobsite or even off-premises if you are still considered to be in the course and scope of your employment (ie. going from job to job in the company vehicle).
A common mistake is not exploring whether you have a third-party claim, even if the injury occurred “on the job.” Not doing this can significantly limit your right to recover for your injuries and damages.
Do I Have A Workers’ Comp Claim Or A Third Party Claim?:
You are “on the clock” driving the company vehicle between work sites when someone wrecks into your car, injuring you in the process. Do you have a workers’ compensation claim or a claim against the person who hit you? The answer is…. Both.
Workers’ compensation gets involved in most accidents that occur while a person is in the course and scope of their employment. Under the law, workers have the right to certain benefits, including medical care.
But, if your injuries were the fault of another party, not employed by your company, you may also have a claim against them (a “third-party” claim). In such a case, workers’ compensation may still be responsible for paying your medical bills, but will likely have a right to be reimbursed depending on the outcome of your third-party claim.
Did A Third Party Cause Your Accident?:
Sometimes, figuring out if the person who caused your accident was a “third-party” is straightforward, such as in the case of another driver rear-ending you in traffic. In such a case, they are obviously not employed by your company.
However, sometimes the answer is not so simple, like when an accident happens on a job site and the person who caused it was a subcontractor or borrowed employee. In those cases, exploring whether the at-fault party could be legally considered an “employee” of your company may be complicated. In some cases, we’ve had to uncover contracts, pay records, job descriptions, and other evidence in order to establish whether someone was a third-party or fellow employee of the injured victim.
If you have been injured on the job due to someone else’s negligence and don’t know if you have a third-party claim contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today.
Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
Answers to frequently asked questions regarding car accident injuries in the Northshore and Louisiana
Consultations are always FREE and 100% confidential.
For personal injury cases, we charge Attorney's fees based on a percentage of the gross amount recovered on your behalf. Our costs are also charged out of the gross amount recovered. If you don't get compensated, we don't get paid.
Speak with an attorney, every time. Our clients know what's going on in their case, from start to finish. Our clients are given the respect and dignity they deserve. Competence, Diligence, Communication, Professionalism.
At Flattmann Law, we review every single one of our cases on a DAILY basis. It is part of our culture and practice. If something can be done in your case to help move it along, we take action.
On each Monday morning of every week, the entire staff meets to discuss all of our cases and analyze them to see if anything can be done to move them forward. Depending on the case, sometimes the action is as simple as a phone call or email to a client to check on their medical progress. If a case is in litigation, perhaps it is time to send out written discovery, schedule depositions, or hire an expert witness. Out of our weekly meetings comes a constantly revised case list (or “to do” list).
The purpose of our weekly meetings is to make sure we are doing everything in our power to provide our clients with the best, most efficient, and effective representation possible. To use a volleyball analogy, “If the ball comes to our side of the court, we do our best to get it back over the net as soon as possible.”
Every morning of the week, we spend 10-15 minutes reviewing our case list in order to set action items for that day. One by one, we begin executing those items, constantly looking for new ways to push our clients’ cases forward. At Flattmann Law, we do not procrastinate. If something can be done to progress our clients’ case, we do it! We believe in being proactive, not reactive.
If you are looking for a law firm that truly cares about you and will do everything it can to move your case forward contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Hammond, Lacombe, Pearl River, and Slidell.
Sometimes, our clients receive nice little surprises long after their car wreck lawsuit has been resolved. One of my favorite things to do is calling a client and letting them know that even more money is on its way to them.
During the course of a lawsuit, the Clerk of Court typically collects money each time a pleading is filed and creates a balance for each party. In a given lawsuit, there may be dozens of pleadings filed along the way.
Sometimes, more money is collected than the actual cost. For instance, if the Clerk estimates that they will need $100 for filing a Motion to Compel and the cost is actually $95, then a $5 balance will remain. This can build up.
At the end of a case, a Motion to Dismiss is typically filed, prompting the Clerk to make a final audit of any account balances. If that results in a credit, the Clerk issues a check to the party’s attorney for a refund!
When we receive a refund check from the Clerk, we immediately call our client to tell them. It’s their money, not ours! It is kind of like finding money in your pocket.
Have you been injured in an accident and want a personal injury law firm that will help you every step of the way contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Hammond, Lacombe, Pearl River, and Slidell.
At Flattmann Law, we accept about 8% of the calls we receive. That means, for every ten phone calls we get inquiring about a car wreck or personal injury, one of those callers may become our client.
Why so few? We take pride in the quality of representation we provide in each and every case we accept. We make sure the cases we take have merit, are serious, and result in good relationships with our clients.
The key factor in any personal injury case is liability, or who is responsible for causing an accident or incident. Sometimes this is straightforward, like when a car is sitting at a red light and gets rear-ended by a driver who is texting. But sometimes, liability is not as straightforward, like when a crash happens at an intersection and two people both swear that they had the green light. Sometimes, a caller may not understand that their own actions caused or contributed to an accident and that they may be liable.
When we consider a case, evidence regarding liability plays a huge role in our decision whether we can represent a client. Even if we can’t take a case, we make sure to let the caller know the reason.
At Flattmann Law, we represent clients who have suffered serious injuries as a result of car wrecks, including family members of loved ones who have died as a result of major accidents. One thing we discuss during a potential client’s phone call is whether the person was injured because of the car accident. If the answer is yes, we discuss their medical history, including any future treatment.
If a caller has not suffered a legitimate injury, we will not be able to represent them. However, in those cases, we still try our best to point that person in the right direction concerning their rights against the at-fault insurance company.
In some cases, the caller may not realize just how badly they are injured. They may say that they are “okay” and then go on to describe how they have been suffering with all kinds of injuries they didn’t have prior to the accident. Something is definitely wrong and the last thing they want to do is resolve their car wreck claim before getting checked out by their doctor.
At Flattmann Law, we take pride in the way we handle each and every one of our clients’ cases. Unlike many larger firms, our success does not depend on taking and settling as many cases as quickly as possible. Through the course of our representation, we form close relationships with our clients. If we take a case, that means we will do everything we can to obtain a favorable outcome for our client. We will exceed the expectations of our clients.
Some large law firms have a very low bar when it comes to accepting cases and will “sign up” nearly every call they get. It’s only after they get around to reviewing the substance of the case a few weeks later when they conclude that the case does not have merit and end up dumping (terminating) the case. At Flattmann Law, we have even gotten calls from clients whose cases were dumped by accident by another firm. Yikes! At our firm, we do our research before entering into a contract with a client to handle their case.
If you are looking for a personal injury firm that values quality of representation over quantity of cases contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Hammond, Lacombe, Pearl River, and Slidell.
At Flattmann Law, we offer 100% Free, no-pressure car accident case reviews. Most of the time, all it takes is a 10-minute phone call scheduled at your convenience. Seriously, no pressure! We know that for some fender benders, all you may need are a few tips, or validation that you are handling your insurance claim correctly.
Our Free case review is not a long and drawn-out process. Simply give us a call at (985) 590-6182 and we will ask you for information about your wreck and your injuries. If you already have a copy of the police report, we will ask you to email it to us so that we can review it. If you don’t have a copy yet, no problem! Most of the time, with a little information, we will be able to obtain it ourselves and save you the trouble.
Once we have the basic facts about your accident and a copy of the police report, we will set up a 10-minute call at your convenience to discuss the case and answer any questions you may have.
Most of the time, the accident report will provide us with all of the information we need to discuss things like liability (whose fault it was), insurance coverage, vehicle damage, and other topics. If you see things that are inaccurate in the report, we will discuss your options and how to address them.
We will talk about insurance coverage for the accident. Whether or not you already made an insurance claim, we will discuss what to expect from the claims process. We will talk about things like whether you have to give a recorded statement, documenting your claim the right way, the duties of the insurance company, and the process for getting your car fixed.
During our call, we can talk about your injuries and your options regarding medical treatment. We will also discuss how your health insurance works after a car wreck and how to handle medical bills.
At Flattmann Law, the bottom line is treating people right! Not everyone who gets in an accident needs to hire a personal injury attorney. But even for those claims, we still want to make sure you are being treated fairly. So, if a few tips help you along, even without hiring us, great!
Most people, especially in St. Tammany Parish want to do the right thing after a car accident and just want to be treated fairly by the insurance company. That’s fine, but what they don’t understand is that there are traps along the way, especially in the beginning of the claims process, which can greatly affect how their case turns out. If a 10-minute consultation can save them from some of these traps, we feel like we are helping, regardless of whether that person ultimately hires us to take over the process.
If you have been injured in a car accident and interested in a FREE, confidental, no-pressure call to know your rights after a car accident, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
St. Tammany Parish is a wonderful place to live and raise a family because of the people who live here. For nearly 20 years, Flattmann Law has been representing hardworking, honest people on the Northshore. Over and over, our clients come in after a wreck saying, “I just want what’s right.” That’s how we handle personal injury cases. We don’t make things up, we play by the book, and we work our tails off in order to make things right for our clients.
What may be the straightforward facts of an accident to you or me may be more complicated to the insurance company. When we report an accident, we don’t embellish the facts. Instead, we provide the insurance company with facts based on witness accounts, the accident report, photos and videos of the scene, dashcam footage, and other evidence.
All too often accident victims get long-winded during their conversations with insurance adjusters and start guessing at the facts of the accident; how fast they were going, how many seconds between the time they saw the other vehicle and the crash, how long the light was green, etc. Well-intentioned folks can get in trouble fast by guessing facts, even when they think they are doing the right thing.
We don’t hand out neck braces at the door. Instead, we carefully convey our clients’ injuries to the insurance company. But we are careful not to jump to conclusions regarding their prognosis, especially since some injuries take more time to develop. In conversations with insurance adjusters, we rely on doctor reports and recommendations and keep a careful watch on our clients’ treatment, every step of the way.
During the course of an insurance claim, we make sure the at-fault insurance company is kept up to date on our client’s treatment status, so that they are properly valuing the claim. When it comes time to settle, we don’t blow smoke. Instead, our numbers are based on a quantum study, taking into account a database of other cases and our nearly 2 decades of experience.
At Flattmann Law, we have a system of tracking each of our client’s medical bills, from the urgent care or ER to each and every physical therapy session they attend. We use information from their medical providers and health insurer to know exactly where every penny is applied. Once it is time to resolve their case, there is no guess work involved in calculating medical damages. If we are estimating future medical care, we often use an expert life care planner.
At Flattmann Law, we share your values in doing things the right way. If you were injured in a wreck and want to know more contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
At Flattmann Law, our commitment to our clients extends beyond their car wreck claims. We have been blessed on several occasions to help catch early indications of cancer and bring it to our clients’ attention so they could seek treatment. We also work with caring medical providers who take their commitment to patients way beyond the car wreck.
After a car wreck, one of the things we do is obtain our client’s medical records, evidencing the treatment they received because of the wreck. We review and summarize those records, capture billing information, and use them to prove our claims with the at-fault insurance company.
During our medical records review, we pay close attention to our client’s reported injuries and complaints and the doctor’s diagnosis and opinions. We also carefully review our client’s medical history and how that may relate to their injuries. In doing so, we sometimes come across an unrelated issue that we want to bring to our client’s attention ASAP.
One recent example is a client who had suffered a shoulder injury as a result of a T-bone collision. While reviewing the MRI report, the radiologist noted a large bone lesion and recommended further evaluation.
No sooner had we read the radiologist’s report discussed above, than the phone rang. It was our client’s chiropractor, who had ordered the shoulder MRI. He had also received a copy of the report and was calling us about the bone lesion. He wanted to make sure we both urged the client to seek follow-up care as soon as possible.
We immediately called our client to discuss the findings and urged her to seek follow-up care. A week later she was diagnosed with bone cancer and was able to begin treatment.
During almost 20 years representing car accident victims, we have had many similar opportunities to bring non-wreck related medical issues to our clients’ attention, ranging from indications of cancer to untreated severe hypertension.
If you have been injured in a car accident and want an attorney who will truly care for you contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today.
Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
