ASK A PRO

ACCIDENT QUESTIONS

1. I was recently injured in an automobile accident and I own a small business. I am an integral part of the day to day operations. As a result of my injuries, I have not been able to perform my job and it is affecting my business. Can I recover for the lost profits that I have suffered as a result of my injuries?
ANSWER


2. I am a stay-at-home mother who was recently injured in an automobile accident. As a result, I cannot care for my family, nor can I do the things I normally do around the house. I understand that I do not have “lost wages”, but can I recover for my inability to perform my “job”.
ANSWER


3. How does Louisiana’s “No Pay, No Play” statute work?
ANSWER


4. I was recently injured in an automobile accident. As of this date, my health insurance has paid for all of my treatment. Can I still recover from the other driver who caused the accident?
ANSWER


5. I was in an automobile accident. where my vehicle was totaled so I am looking for a new car. Can I be compensated for not having a car to drive around during the time that I am searching for a replacement?
ANSWER


6. I was recently injured in an automobile accident. The person who caused my injury has accepted responsibility and has offered to pay my medical bills if I sign a release. Should I sign it? ANSWER


7. I was recently injured in an automobile accident. I believe that the other driver was at fault, but his insurance company has refused to pay for my medical treatment. I would like to hire an attorney, but I can’t afford to do so. What are my options?
ANSWER


8. If I am in an accident, what information should I gather at the accident scene?
ANSWER


9. I was recently injured in an automobile accident and I have hired an attorney. Will my case go to trial?
ANSWER


10. I was recently involved in an automobile accident where I had my seatbelt on and I was still thrown from the vehicle during the collision. Shouldn’t my seatbelt have kept me in the car?
ANSWER


11. I was recently in an automobile accident where my SUV rolled over and the roof caved in. Do I have a claim against the manufacturer of the SUV?
ANSWER


12. I was recently injured in an automobile accident where I was not at fault. The insurance company for the responsible party has contacted me and has offered to settle my personal injury claim. Should I settle my claim now and just get it over with?
ANSWER

PHARMACEUTICAL DRUGS QUESTIONS

1. Why has Bextra been in the news recently?
ANSWER


2. I have taken Bextra, what should I do?
ANSWER


3. I recently suffered a minor stroke. At the time of the stroke I had been taking a diet drug containing Ephedra. Is there any relation?
ANSWER

LIABILITY

1. My neighbors have a dog that is often aggressive and vicious towards others. Can the owner of the dog be held liable if the dog attacks someone or causes damage to my property?
ANSWER

ACCIDENT ANSWERS

1. I was recently injured in an automobile accident.I own a small business and I am an integral part of the day to day operations. As a result of my injuries, I have not been able to perform my job and it is affecting my business. Can I recover for the lost profits that I have suffered as a result of my injuries?

Yes. Loss of profits is a recoverable item of damages. While damages for loss of profits may not be based on speculation or conjecture, such damages need only be proven within a reasonable certainty. Lost profits are generally calculated by deducting the expenses that would have been incurred from the gross revenues that could have been realized. In addition to recovering for loss of profits, you may also be entitled to recover for your loss of earning capacity. Loss of earning capacity reflects a person’s lost ability to earn a certain amount because of their injuries. The individual may recover such damages even though they may never have seen fit to take advantage of that capacity.
Back to Top


2. I am a stay-at-home mother who was recently injured in an automobile accident. As a result, I cannot care for my family, nor can I do the things I normally do around the house. I understand that I do not have “lost wages”, but can I recover for my inability to perform my “job”.


Yes. Louisiana law recognizes the impact that your injury has on your life and on the lives of your family. Accordingly, there are legal remedies available to you and your family that enable you to be compensated for the effects that your injury has on your household. For a more detailed discussion of what legal remedies are available to you and your family with respect to the specific facts of your case, you should contact an attorney immediately.Back to Top

3. How does Louisiana’s “No Pay, No Play” statute work?


In Louisiana, the “No Pay, No Play” statute prevents the drivers of motor vehicles who do not have insurance on their vehicle from recovering the first $10,000 of any bodily injury or property damage claim arising from an automobile accident. The statute does not apply when (a) the driver of the other vehicle is intoxicated; (b) intentionally causes the accident; or (c) is committing a felony offense at the time.
Back to Top

4. I was recently injured in an automobile accident. As of this date, my health insurance has paid for all of my treatment. Can I still recover from the other driver who caused the accident?


Yes. However, your health insurance provider may be entitled to reimbursement from any recovery you obtain for the benefits it has paid. In spite of this, you should remember that your medical bills make up only a portion of the damages that Louisiana law allows you to recover from the party who caused your injury. You should consult with an attorney to ensure that you are being compensated for each element of your damages.
Back to Top

5. I was in an automobile accident. where my vehicle was totaled so I am looking for a new car. Can I be compensated for not having a car to drive around during the time that I am searching for a replacement?


YES. When your car is totaled, the law recognizes that there is a period of time that you will go without a car. The damages you incur as a result are referred to as your “loss of use” damages. You are entitled to be compensated for a reasonable amount of time to find a replacement vehicle. If your car simply needs to be repaired, you can also recover for your loss of use during the time that your vehicle is in the repair shop. Back to Top

6. I was recently injured in an automobile accident. The person who caused my injury has accepted responsibility and has offered to pay my medical bills if I sign a release. Should I sign it?


No. You should not sign a release without contacting an attorney. By signing a release you are typically giving up your right to pursue all claims against the person who caused your injury. Before doing so, you want to make sure that you are being fully compensated for your injuries as provided by the laws of Louisiana.
Back to Top


7. I was recently injured in an automobile accident. I believe that the other driver was at fault, but his insurance company has refused to pay for my medical treatment. I would like to hire an attorney, but I can’t afford to do so. What are my options?


Our firm, like many firms who handle personal injury litigation, will meet with you to discuss your case and your legal rights at no charge. Additionally, most firms will handle this type of litigation on a contingency fee basis. This means that attorney does not collect a fee unless he obtains a recovery for you. Therefore, you could hire an attorney without any out of pocket expense.
Back to Top

8. If I am in an automobile accident, what information should I gather at the accident scene?


If you are in an accident, and you are able to do so, you should make a note of the following information--The other driver’s name, address, date of birth, telephone number, driver’s license number, insurance company, and insurance policy number, the other car’s make, year, model, and license plate number. Additionally, you should obtain the name, addresses and telephone numbers of any passengers in the other car and any witnesses to the incident.
Back to Top

9. I was recently injured in an automobile accident. and I have hired an attorney. Will my case go to trial?


Most personal injury claims do not go to trial. Many cases are settled prior to filing suit, and many others are settled prior to trial. However, in some instances, if the parties are not able to reach an amicable resolution the case is tried before a judge or before a jury.
Back to Top


10. I was recently involved in an automobile accident where I had my seatbelt on and I was still thrown from the vehicle during the collision. Shouldn’t my seatbelt have kept me in the car?


Across the country there are many cases where individuals have suffered spinal cord injuries as a result of defective seat belt designs. Children and those who are small statured are more susceptible to these type of injuries. There are many ways that automobile manufacturers can overcome these types of defects. If you or a loved one believe that they have suffered injury as a result of a defective seat belt, you should contact an attorney immediately to discuss your claim.
Back to Top



11. I was recently in an automobile accidentwhere my SUV rolled over and the roof caved in. Do I have a claim against the manufacturer of the SUV?


Studies have shown that SUVs are two and a half times more likely to roll over than passenger cars. Additionally, the roofs of many SUVs are insufficient to support the weight of the vehicle. Therefore, when a rollover occurs, the roof will often collapse and in some cases crush the occupant. There are many ways that manufacturers can strengthen the integrity of the roof so that it does not intrude upon the “survival space” of the occupant in a rollover. If you or someone you know has been involved in a SUV rollover where the roof has collapsed, you should contact an attorney immediately to discuss your legal rights.
Back to Top

12. I was recently injured in an automobile accident where I was not at fault. The insurance company for the responsible party has contacted me and has offered to settle my personal injury claim. Should I settle my claim now and just get it over with?


No. As a general rule, if you are still experiencing pain and/or injuries from your automobile accident you should not settle your claim. There are very few exceptions to this rule. The reason is that once you settle your claim with a defendant, you typically give up your right to pursue a claim against that defendant. Therefore, if you settle your claim, and continue to suffer from your injuries, you will no longer be able to go after that defendant for additional compensation. Therefore, in most cases, it is recommended that you wait until you are finished treating before considering a settlement of your claim. An attorney can help you navigate these issues as you continue on your road to recovery.
Back to Top

PHARMACEUTICAL DRUGS ANSWERS

LIABILITY ANSWERS