Medical Records to Collect & Keep

Louisiana Personal Injury Attorneys Gordon & Gordon Can Help Recover Damages When You’ve Been Hurt

After you’ve been injured, or a loved one killed, because of the negligence and recklessness of another person, corporation, or property owner, your relevant medical records are critically important.

When it becomes time to file an insurance claim or pursue a personal injury civil lawsuit, documentation of your medical diagnosis, treatment, prognosis, and expenses is necessary in order to calculate and recover monetary damages for your injuries. The more detailed, specific, and comprehensive your medical records are, the greater your chance of winning a fair monetary settlement is.

Extensive Medical Records Are Imperative for Successful Claim Negotiation and Litigation

Your medical records are evidence and should include, if applicable, the following documents and reports:

▪ Ambulance EMT intervention report
▪ Emergency room records
▪ Medical diagnosis and treatment
▪ Prognosis, short- and long-term
▪ A recommended course of treatment
▪ Physician’s notes
▪ Record of treatment pain you experienced
▪ Explanation of your emotional trauma
▪ Physician -predicted necessary future medical treatment
▪ Predicted need for physical and occupational therapy
▪ Copies of all medical bills
▪ Physician -documented future medical bills
▪ Professionally estimated, written future medical bills
▪ Psychiatric or psychology reports
▪ Current and future bills for necessary medical apparatus
▪ In-home nursing care expenses

In the event your loved one has been killed in an accident, the applicable above documentation is also necessary, including the deceased’s funeral expenses.

Here’s What Else You Can Do to Help Win Fair Monetary Compensation

As you begin your recovery, if you are able, journal how you feel, including your pain and emotional state because of your injuries and trauma. Also, attend all doctor appointments and receive all recommended treatment and rehabilitation. Not following through with these suggestions, may negatively impact your case.

Medical Records Are Your Evidence

To win a fair monetary settlement for your injuries and pain and suffering, or to be compensated for a loved one’s wrongful death, every medical document available is necessary to settle an insurance claim or win a personal injury or wrongful death lawsuit. The insurance company’s adjustors, medical experts, and attorneys will require your medical records before they will consider settling a claim. Should your damages require pursuit of a personal injury claim in a civil court, the prosecution is entitled to your medical records to assess damages and prepare their case. Of course, your attorney will also need these documents to prepare a vigorous defense on your behalf.

Gordon & Gordon’s Louisiana Attorneys Have Over 30 Years’ Experience Winning Multi-Millions for Our Injured Clients

When we meet with you in one of our Shreveport, Bossier City, or Mansfield offices, please bring as many of your records as possible. But if you don’t have all your records and documentation and don’t know how to acquire them, we can help.

FREE CONSULTATION, NO UP-FRONT COST

Meeting with a Gordon & Gordon attorney is free. And if we agree to work together, we’ll never charge you a penny until we win your case.

To speak personally with one of Gordon & Gordon Law Firm’s experienced Shreveport, Bossier City, or Mansfield personal injury attorneys, call 318.716.HELP (318.716.4357) today.

Louisiana Laws: Statute of Limitations

What Are Louisiana’s Statute of Limitations Laws When Filing A Car Accident Claim?

After you were injured and your vehicle was damaged in a Louisiana car accident, caused by a negligent or reckless driver, you only have one year to file a claim under the state’s statute of limitations law. The Louisiana statute of limitations, Civil Code Article 3492, paraphrased, allows a maximum of one year from the day injury or damage happened to file a claim or pursue a personal injury lawsuit. https://www.nolo.com/legal-encyclopedia/what-the-car-accident-statute-limitations-louisiana.html. If the injuries, or their full extent, are discovered later, the one-year statute of limitations begins when the injuries are discovered.

Car Accident Statute of Limitations Exceptions

Though the Louisiana personal injury or property damage statute of limitations limit is inflexible if the average person misses its deadline, some exceptions can be made to the one-year claim reporting. For instance, the one-year limit may be exceeded if the damaged party is a minor, mentally ill or otherwise incompetent, is incarcerated within the year following the accident, or lives out of state. In the case of a minor whose parents did not file on their behalf, the minor can file a lawsuit within one year after their 18th birthday.

When the at-fault party is a public entity or government agency, a different type of claim must be filed, possibly within a shorter period than a typical complaint.

Wrongful Death Statute of Limitations

In the event of a wrongful death caused by an at-fault driver, the one-year statute of limitations’ deadline doesn’t begin until the actual day of the victim’s death, which may occur after the accident.

What if You Filed A Claim On-time, But It Was Denied?

So, you filed your claim on time, but it was denied.  What now?  In Louisiana, you have XX days to appeal the denial. But the appeal process is complicated and must be done correctly, or you may still miss your chance for monetary compensation.

Gordon & Gordon Louisiana Car Accident Attorneys Know the Complex Statute of Limitations Laws

Because understanding the limitations for filing claims under Louisiana’s complex and confusing statute of limitations laws is challenging for the average citizen, hiring an experienced car accident attorney who knows how to handle your claim in a timely manner and guide you through the process is important.

It’s Critical to Act Fast

Acting quickly is imperative. If you delay and miss the statute of limitations deadline, you will lose the opportunity to ever collect any monetary settlement. And once the claim is filed, then begins the arduous and complex process of winning your fair, rightful financial compensation.

Gordon & Gordon Shreveport, Bossier City, and Mansfield Experienced Car Accident Attorneys Can Help Protect Your Rights Before It’s Too Late

To speak personally with a Gordon & Gordon experienced and knowledgeable car accident attorney in our Shreveport, Bossier City, or Mansfield office, contact us today. For the quickest response, call 24/7 at 318.716.HELP (318.716.4357) or tell us your story on our contact form.

How to Choose the Right Louisiana Accident Attorney

After you’ve recovered from the initial shock of a serious car accident on Louisiana’s roads, quickly involving an experienced car accident attorney can make the difference between winning a fair monetary settlement or not.

If you’ve been injured in a car accident, you’re entitled to compensation for medical expenses, lost wages, the cost of rehabilitation, and vehicle repairs or replacement, among other expenses.  

But with so many car accident attorneys in northwest Louisiana to choose from, how do you know which one is right for you?

 

Important Things to Consider

Experience and Reputation    To ensure your insurance claim or personal injury lawsuit has the highest chance of success, the law firm you hire must demonstrate an extensive history of winning substantial car accident settlements.  A good car accident attorney should be able to provide you with examples of cases they’ve won. An attorney with a solid reputation for high wins is taken more seriously by insurance companies.

Staff    Filing and successfully settling with an insurance company, or pursuing a personal injury claim, is a complex and time-consuming process. Only a law firm that is well-staffed with attorneys, paralegals, and legal assistants can handle the massive workload necessary to win a successful settlement.

Financial Resources    In a serious car accident, it may be necessary to hire investigators & expert witnesses, and interview and depose any accident scene witnesses.   Further medical evaluations may be required to establish the need for current, future and long-term treatment. These necessary but high-cost preparations can only be accommodated by a law firm with the financial wherewithal to support effective case preparation.

Communication and Focus    Any car accident attorney you hire should demonstrate excellent communication skills, listening attentively to your situation, and respectfully explain what can be a confusing and complicated process.  As your case progresses, you should feel comfortable asking questions and have reasonable access to the attorney throughout the process.

Free Consultation, No Up-Front Costs    Any good car accident attorney will only accept your case if they believe your chance of winning is high.   If your case is taken on after a free evaluation, they should only be paid upon winning a settlement.  And they should also be up-front about exactly what fee they’ll take from your final settlement.

 

Gordon & Gordon Law Firm Has Won Multi-Million Dollar Settlements for Our Clients

With more than 30 years of experience successfully winning claims for car accident victims, our reputation is solid.   Gordon & Gordon Law Firm has the necessary support, staff, and financial resources to see your case through to a successful conclusion.  As our client, you can expect consistent, clear communication and respectful treatment. And we will never charge you a penny until we win your case.

To speak personally with one of Gordon & Gordon Law Firm’s qualified Shreveport, Bossier City, or Mansfield car accident attorneys, call 318.716.HELP (318.716.4357) today.

Gordon & Gordon: “You Don’t Need A Lawyer”

“You Don’t Need A Lawyer” Trick

If you’ve been injured because of an individual or a corporation’s recklessness and negligence, you will likely be contacted by an insurance adjuster.  The adjuster will start out by saying that they just want to hear your account of what happened, “in your own words.”  You may naively think that if you’re just honest and answer the insurance adjuster’s questions, you will be treated fairly.  Then, they inform you the call is going to be recorded. You say, “Okay, that’s fine.” After all, you’re just going to tell the truth.

 

Don’t Fall for the Insurance Company’s Tricks!

While the insurance company representative may act like they care about the injuries you’ve sustained in an accident caused by their insured, they don’t!  The adjuster may act like he cares about you and your resultant financial losses, but this is far from the truth. They may say that you don’t need an attorney because they want to pay you for your injuries and losses if their insured person or company caused your injuries. “If” is the important word here, because their goal is to prove you were at fault, not their insured.

If you agree to speak on their recorded line, that’s when they can strategically set you up to say things which will be used to deny your claim or at least hold you comparatively responsible for the accident. What’s more? If necessary, they’ll get it all on tape to use against you. And once you do this, you may compromise your right to a fair monetary settlement.

 

The Insurance Adjuster’s Only Real Job is to Gather Information That Works in Their Company’s Best Financial Interest, Not Yours!

The primary responsibility of an insurance adjuster is to collect information that facilitates a claim denial.  Or, at the least, to pay you as little as they can get away with. They are specifically trained to ask questions designed to either prove you were at fault or at least shared responsibility for the accident.  And, shockingly, they are deliberately trained to “be nice” and act like they genuinely care about your well-being. Though not nice or fair, they hope you’ll let down your guard and provide evidence that will help them, not you.  

 

“You Don’t Need An Attorney – We’ll Work This Out With You”

Don’t believe them!  Insurance companies have many strategies designed to deny your claim and your rightful settlement.  After they’ve recorded your account of the accident, especially when it’s obvious that you weren’t at fault or only shared some responsibility for the accident, they’ll delay paying you.  It’s another trick they use so they don’t have to pay your claim. While you’re waiting for a settlement check, they’re doing nothing about sending it.  So, you call or email them, perhaps multiple times, only to hear excuses about why they haven’t paid you yet. They hope you’ll give up, and just go away. But with Gordon & Gordon fighting for you, we won’t let them get away with such unfair tactics.

 

Yes, You Do Need An Attorney – Here’s Why  

As shocking and unfair as it is, the only important thing to insurance companies is protecting their financial interests.  Rest assured, they are not concerned about your financial well-being.  

To protect your interests, you need an attorney who’s on your side.  The personal injury attorneys at Gordon & Gordon know insurance companies’ strategies, which are designed to deny your claim or, at least, hold you partially responsible for the accident.

Gordon & Gordon attorneys don’t want you to fall for their tricks.  With over 30 years handling personal injury and insurance claims, we know how to handle insurance company lawyers and their adjusters so you receive the largest financial settlement legally allowed.  And when the insurance company’s settlement offer isn’t enough, we have the knowledge, resources, and skills to pursue a personal injury claim through the civil courts.

GORDON & GORDON: COMMON CAR ACCIDENT INJURIES

Common Car Accident Injuries on Shreveport, Bossier City, or Mansfield, Louisiana’s Roads and Highways

 

In a split second, a catastrophe can occur when two vehicles collide on a Shreveport, Bossier City, or Mansfield, Louisiana, road or highway. 


Though you obey traffic laws and pay attention, many events that are out of your control can cause an accident.

▪ A driver runs a red light or drives into oncoming traffic 
▪ A distracted driver not paying attention
▪ An intoxicated driver impaired by drugs or alcohol 
▪ An improperly loaded truck causes cargo to fly off and hit your car
▪ Poorly maintained roads, inadequate signage, or road lighting


When car collisions occur, the impact of an accident often causes serious injuries because of crushing metal, broken glass, and high-speed impact.  


When the unpredictable happens, even when you’re a conscientious and responsible driver, you will likely have severe injuries from a serious car crash.  

 

TYPES OF CAR ACCIDENT INJURIES INCLUDE:

Whiplash      One of the most common types of car accident injuries is whiplash, which occurs upon impact when the neck and head stretch and quickly snap back into place.   While damage may not be obvious, whiplash can fracture vertebrae and injure the spinal cord, causing damage to the neck and back, potentially leading to paralysis.   Or less severe but painful damage can be caused by ligaments and discs. Even a mild whiplash injury can cause chronic pain, which may diminish a victim’s quality of life.

Pelvic and Abdominal Compression      When a driver is thrust into metal or other hard objects upon impact, hip fractures and a broken pelvis are common, along with damage to the liverspleen, and kidneys.   These types of injuries can take months and even years to heal and may cause long-term or permanent disability and pain.

Chest Trauma    Broken ribs and a broken sternum are common injuries especially when vehicle occupants are not wearing seatbelts.   Besides the pain of broken bones, fragments of bone may penetrate vital organs such as the heart and lungs, possibly causing death. Also, a severe car accident can injure the diaphragm (the muscle below the rib cage critical for breathing).

 Brain Damage      Another known as traumatic brain injury is a critically serious event.   A crushed or broken skull cap may cause fragments to penetrate the brain or cause pressure and swelling. Such damage can impair basic brain functions, impacting memory, concentration, emotional balance, speech, and vision.

 Face and Neck Injury       Facial fractures and broken teeth, as well as a crushed larynx or diaphragm, can all be devastating injuries. These types of injuries can cause disfigurement, impair vision, and result in full or partial blindness.   Ear injuries are also not uncommon, which may lead to full or partial deafness.

 Leg, Knee and Foot Damage       A severe car collision injury may include leg, foot, or toe amputation.   While extremity amputation can occur from a car accident, limb amputation is most common in motorcycle crashes.   Other common injuries include broken bones and sprains in the leg, knee, ankle, and foot, as well as cartilage tears when an impact causes abrupt turning and twisting.

Arm, Hand and Shoulder Fractures      While these types of car accident injuries usually heal within weeks, a broken, incapacitated extremity is painful and may interfere with a victim’s ability to work and conduct daily living activities, including caring for small children and other household responsibilities.   Though the disability is typically short-term, just being injured can cause financial and emotional issues.

 Post-Accident Emotional Issues      The shock, fear, and trauma that many accident victims experience when they’ve been involved in a car crash can lead to psychological problems such as depression, anxiety, and post-traumatic stress. This is especially true when serious and life-long physical disabilities have impacted a victim’s quality of life.   On top of those psychological issues, medical bills accumulate, and costly rehabilitation is necessary to restore one’s functioning.  Besides the stress caused by your injuries, mounting financial difficulties can also be emotionally debilitating.

 

Gordon & Gordon Law Firm Has the Experience, Resources, and Knowledge to Help You Recover Financially

When you’ve been injured or harmed in a car accident because of another driver’s fault or because of poorly maintained roads, poor signage, or inadequate road lighting in Shreveport, Bossier City, or Mansfield, you may be entitled to significant financial recovery.   Or if a loved one has been killed because of a car accident on Louisiana’s highways and roads, you may be entitled to a wrongful death settlement.

 

The experienced car accident attorneys at Gordon & Gordon Law Firm focus our attention on those injured in collisions.   Gordon & Gordon’s attorneys are well established as a powerful, effective, and successful force in insurance industry claims and litigations because we fight skillfully and vigorously for our car accident client’s fair monetary compensation.  

 

 

Gordon & Gordon’s Attorneys Have Won Multi-Millions for Our Injured Clients  

Because of our reputation, insurance companies take our claims seriously when they know we’ve been hired to fight for your financial rights. With our resources and experience, we are ready to prove who’s at fault for your injuries and win the highest settlement allowed by law.   When you meet with one of our knowledgeable attorneys, we will personally review your case, advise you about your rights and determine whether you have legitimate monetary recourse.   And if we take you on as a client, you will never pay a penny up-front.

 

But don’t delay.   The statute of limitations on filing car accident claims is limited.   If you don’t file in a timely manner, you may permanently lose your right to financial recovery. 

 

You can be confident we’ll work aggressively and diligently on your behalf because we only get paid when we win your case.   To speak personally with one of Gordon & Gordon Law Firm’s qualified, experienced Shreveport, Bossier City, or Mansfield car accident injury attorneys, call us today at 318.716.HELP (318.716.4357).

Is My Case Big Enough For An Attorney To Handle?

Gordon & Gordon: IS MY PERSONAL INJURY CASE BIG ENOUGH?

After you’ve suffered injuries in a Shreveport, Bossier City, or Mansfield, Louisiana, accident, even if you think your injuries are minor, you should still immediately contact an experienced and knowledgeable personal injury attorney to evaluate your case.   Until an attorney hears what happened and reviews your medical records, it’s too soon to decide whether your case is big enough for an attorney to handle.

What seems to be a minor injury may create serious complications and problems for you in the future.

For instance, what someone considers as insignificant, negligible pain can be the beginning of severe nerve damage or internal injuries, the symptoms of which could only manifest over time.   Or if you have lacerations that you assume will heal, you could still develop an infection or disfiguring scars.   Many times, minor injuries can become major injuries.

To add to your accident trauma because of someone else’s negligence and recklessness, your damages may become more substantial if they create long-term psychological issues, and even more so, could potentially impact your enjoyment of life.

 

Let Gordon & Gordon Attorneys Review Your Case to Determine Whether You Should File A Claim or Pursue A Lawsuit

If you’ve been injured in a car, truck or motorcycle accident, a toxic or environmental spill, on the job, in an oil field or construction site, or because of a dangerous product, many opportunities exist for monetary compensation.   Even if you think your injuries are minor, it takes a knowledgeable, qualified, and experienced personal injury attorney to determine whether your injuries are serious enough to require legal representation, so you can monetarily recover.

When you personally meet with one of our seasoned personal injury attorneys during a FREE consultation, he will evaluate what reasonable course of post-accident action you should take.   

 

No Case Is Too Small to Discuss with A Gordon & Gordon Personal Injury Attorney

To determine whether your injuries are significant enough to warrant hiring a Gordon & Gordon attorney, all you have to do is call or email us to discuss your potential case.   When you contact our office, no matter how mild you think your injuries are, you will be treated with respect, patience, and compassion.  Be sure to check out our website and do not hesitate to contact us.

Because we’ve handled cases like yours for over 30 years, we know that even when an injury appears minor right after an accident, it doesn’t always stay that way.   Unforeseen complications can arise.  In the early days following an accident, you may not be aware of how serious your injuries are.   With the passage of time, serious effects and more symptoms may show up.   

What you consider an insignificant injury can become a multi-million dollar financial win that will make the damages your injuries have caused more manageable.

 

Accident Injury Monetary Recovery Options

What’s more, just because you consider your injuries minor doesn’t mean there aren’t ways for you to be financially compensated, especially when you’ve been injured through the carelessness and negligence of someone else.   There are several courses of action to take even if you think your case is too small.   Three ways to be compensated for your injuries include:

▪ Insurance claim
▪ Mass tort lawsuit
▪ Class action lawsuit

After you’ve been injured in an accident because of someone else, your Gordon & Gordon attorneys can advise what’s best for you to do.

 

Free Consultation/No Up-Front Cost

When you meet with one of our knowledgeable personal injury attorneys, we will review your case, advise you about your rights, and determine whether your case is “big enough” for us to handle. If we take you on as a client, you will never pay a penny up-front. You can be confident we’ll work aggressively and diligently on your behalf because we only get paid when we win your case.  

 

Contact Us Immediately Before Time Runs Out

Call today so we can begin the fight to win your rightful monetary settlement.  And don’t delay.   The statute of limitations for filing personal injury claims is limited.  If you don’t file in a timely manner, you may permanently lose your right to financial recovery. 

To speak personally with one of Gordon & Gordon Law Firm’s qualified, experienced Shreveport, Bossier City, or Mansfield personal injury attorneys, call us today at 318.716.HELP (318.716.4357).

Gordon & Gordon Law Firm Personal Injury Attorneys

Exactly What is “Pain and Suffering?”

If you are injured in an accident, the chances are likely that you can file a personal injury claim. Your claim will include the cost of medical treatment as a result of the accident; however, you may also be entitled to reimbursement for pain and suffering. After establishing that the defendant is, in fact, at-fault, you will then need to prove your financial losses so that you can rightfully claim the money you need to rebuild your life. The money for these losses is known as damages, and there are a few different kinds.

Pain and suffering is a legal term which considers the stress that you experience resulting from your injuries. It can include both physical pain as well as emotional and psychological trauma like insomnia, fear, depression, or anxiety. The definition is admittedly vague, but the law will allow you to file an insurance claim for pain and suffering compensation which is apart from lost wages and other medical expenses, like x-rays, medications, or hospital visits. Mental pain and suffering, like physical pain and suffering, includes not just the effects that the victim has endured to date, but also the mental pain and suffering that he/she will more than likely suffer into the future.

If you do not end up seeking medical treatment for the injuries that you get from a car accident, then your auto insurance company will likely not accept your claim of pain and suffering since it was not recorded. The best ways to get adequate compensation for your claim are to get immediate medical attention and to document your symptoms along with any care you received.

Negotiating a settlement for a car accident or personal injury claim requires you to calculate a reasonable amount of money that you would accept to resolve your claim. Most insurance companies and injury attorneys rely on some type of formula to give them an idea of what a case is worth. This is true for almost all types of injury cases. Some commonly used methods by car insurance companies include:

  • Multiplier method: Multiply the total medical bills related to the car accident injuries by a number from 1 (for more minor injuries) to 5 (for more severe injuries) to find the pain and suffering amount.
  • Per diem method: Use a formula based on daily suffering.

For example, if hurt your knee in a car accident, then you might evaluate your daily pain by all of your daily activities that can’t be performed due to the injuries. You could then attribute a cost to each day and multiply this figure by the number of days that you’ve been injured. In general, the more serious your injuries, the greater amount of compensation you can expect for your pain and suffering. Remember, going to the doctor will substantiate your personal injury claim and show that you were in fact suffering symptoms that required medical attention.

Insurance companies are not obligated to calculate using these methods when evaluating your pain and suffering, and many companies today use computer programs to calculate what the settlement offer should be according to their measurements for pain and suffering. These programs might consider not just the type of injury, but also the medical treatment that was received. The personality of the plaintiff, their witnesses, and the overall damages which the victim sustained will play a powerful role in any settlement if damages are even awarded once liability is assumed. The experience and personality of the lawyer representing the victim may also factor into a high money damage award case.

 

Documentation to Prove Pain and Suffering
Whatever method you end up choosing, be mindful that you’ll also need to give the insurance company evidence to support your personal injury claim in order to win your case. Try to provide as much documentation as you can find, including any

  • Photos of your injuries,
  • Medical examination reports,
  • Prescription or OTC medication receipts,
  • Medical bills for therapy, ambulance costs, x-rays, emergency room visits, etc.,
  • Proof of lost wages or time off from school, or a
  • Journal of medical treatments, pain, and missed activities.

The extent of your injuries and related pain and suffering can be proven with documentation like photographs and personal journals recording the plaintiff’s physical and emotional feelings. Written statements from friends or family could provide good evidence for the way your injuries have negatively impacted your life. Proof of treatment by a mental health professional would also be helpful and is required if the victim is claiming injuries from increased anxiety, insomnia, or depression.

 

Hiring a Personal Injury Lawyer
In most cases where the other party was clearly at fault, the injured party will receive at least some compensation for their pain and suffering. Most insurance companies recognize that people who are injured in a car accident deserve something for their pain and inconvenience. Often, the amount insurance carriers try to get away with, at first, is very low. But with proper attorney representation, this number can be increased to reach an acceptable sum.

If you do not think you will be able to get the compensation you deserve working solely with your claims adjuster, consider hiring a personal injury lawyer. Injury attorneys are experienced with the abstract nature of pain and suffering claims and will use their experience to help you establish a claims amount. They can also help you gather evidence and present your personal injury claim in the way that is most likely to have a favorable outcome. Contact your local injury attorneys Gordon & Gordon Law Firm today if you need assistance with filing your injury claim, and we will make a concerted effort to understand your situation & provide you with the best service possible.

Personal Injury Vs. Workers’ Compensation: Which One Should I File?

Have you been injured at your workplace or while performing your work duties, such as a slip and fall? If so, you may be thinking of filing a workers’ compensation claim to pay for your medical bills and help to recover your damages. However, did you know that you may also file a personal injury claim, which could provide you with a better settlement than workers’ compensation?

Generally, workers assume that when they are injured at work, the only option they have is through workers’ compensation; but in some situations, it’s possible to file a personal injury claim as well. Many believe that this is considered ‘suing’ your boss, when in reality a third party may be responsible, such as the owner of the building. In this scenario, the third party’s insurance would be responsible for handling the cost of their safety shortcomings.

When Filing A Workers’ Compensation Claim

When you are injured at your workplace or off-site while carrying out work-related tasks and decide to file a workers’ comp claim, you don’t have to prove that your employer, co-worker, or any other party caused the injury. Instead, you are entitled to receive workers’ compensation benefits even when the injury was your fault in some way. This is exactly what this type of coverage is for. It’s meant to protect workers who become injured in any way, since even if the injury was their fault, they would not have been injured if they were not on the job working for someone else.

If you decide to go with workers’ compensation, you will not receive anything outside of economic costs, but you may recover damages such as medical expenses, weekly compensation for wages, permanent impairment benefits, and vocational rehabilitation. You will not, therefore, be able to claim for pain and suffering. This is because workers’ compensation is actually a form of insurance, or a trade between the business owner and the providers of labor.

When Filing A Personal Injury Claim

The biggest and most important difference is that a personal injury claim is based on fault and a workers’ compensation case is not. In order to recover damages against someone for a car accident, a slip and fall, or indeed any type of negligence claim, the other person must be negligent, meaning that he/she must have done something wrong.

Another difference between a workers’ comp claim and a personal injury claim is that the latter are not limited to any specific set of people (i.e. workers). In fact, anyone who is injured due to the negligence of another is eligible to file a personal injury lawsuit, including workers. But in order for an injured worker to recover damages through this more broad route, they must be able to prove that another person or party was at fault or negligent, and caused the injuries.

Unlike workers’ comp damages, personal injury damages are compensatory, which can include medical expenses, lost wages, loss of future earning capacity, and damages for pain and suffering resulting from the injury.

If you have been injured in a work setting, you may wish to consider the following factors when considering legal remedies:

  • Who is liable for the injury?
  • Was the injury was directly caused by performance of work tasks?
  • Was the injury a one-time event or a recurring condition?

If you have further questions regarding an injury, it may be necessary to discuss more with your employer, or hire a lawyer for more advice.

You’ll Probably Need To Hire An Experienced Attorney

It’s unfortunate when you’re injured on the job, but there are options available to you. Injury and workers compensation laws have a special relationship that is often difficult to understand. You may need to hire a qualified personal injury lawyer to better understand and handle your case. Your attorney can inform you of the different options available to you with regards to an injury that occurred in a work setting. Also, if you need to appear in court or before a judge, your lawyer can help represent you in those times.

Gordon & Gordon Law Firm has been representing clients in the Northwest Louisiana area for over 30 combined years of experience. Attorneys Stephen Gordon and Daniel Gordon founded the law firm of Gordon & Gordon to provide legal representation for people who have been personally injured due to the fault of others. They both work and live right here in the Ark-La-Tex area and will provide a free consultation to you if you call our offices today.

What Is A Contingency Fee?

A client pays contingent fees to a lawyer only if the lawyer handles a case successfully. Lawyers and clients use this arrangement only in cases where money is being claimed—most often in cases involving personal injury or workers’ compensation.

In a contingent fee arrangement, the lawyer agrees to accept a fixed percentage (often about one third) of the recovery, which is the amount finally paid to the client. If you win the case, the lawyer’s fee comes out of the money that awarded to you from your settlement. If you lose your case, neither you nor the lawyer will get any money, but you will not be required to pay your attorney for the work done on the case either. On the other hand, win or lose, you probably will have to pay court filing fees, the costs related to deposing witnesses, and/or similar charges.

The amount a lawyer can charge for a contingency fee is generally not regulated by law. There are some limited exceptions to this rule, including worker’s compensation claims or claims brought under certain federal laws like the Federal Tort Claims Act. However, because of competition, contingency fees are very uniform throughout the country. Usually, the more complex or time-consuming cases which require the expenditure of considerable costs by the lawyer will demand higher contingency fees. If the lawyer must risk substantial sums of money on risky cases, he or she will often charge a higher contingency fee.

Contingency fees could sometimes be frustrating for both clients and attorneys. In general, contingency fees might be considered a problem for the client or attorney:

  • If a case settles quickly or recovers a lot of money, clients may feel frustrated that the attorney was paid more than the attorney deserves.
  • If a case goes longer than expected or recovers little money, the attorney may be frustrated by lost time and expenses.

In other words, contingency fees by nature will not be 100% accurate, and either the attorney or client may feel somewhat shorted. Attorneys understand this risk, and they can still offset being paid too little on some cases with being paid more than expected on others. Still, clients paying a large fee to an attorney may feel frustrated and want to consider a different payment option depending on the size or nature of their case.

Contingency fees are rarely, if ever, available for these legal areas:

  • Real estate
  • Business litigation
  • Criminal defense (DUI, traffic, drug, and other charges)
  • Adoption
  • Immigration
  • Divorce and similar family law issues
  • Bankruptcy
  • Drafting a contract, will, trust, or other legal documents
  • Starting a business
  • Registering a trademark, copyright, or patent

Consult one of the experienced attorneys at Gordon & Gordon Law Firm to see if your important legal matter can be handled without any cost to you upfront. Our free initial consultation has no obligation, and we’ll work closely with you to determine what the best approach to your case might be, even if a contingency fee is not available or other options are preferable.

How Long Do I Have To File A Personal Injury Lawsuit?

If you or a loved one have been injured and believe that you might have a personal injury claim, you’ll need to pay attention to the statute of limitations. The statute of limitations is a state law that sets strict time limits on filing a personal injury lawsuit in court, based on the type of crime involved.

Each state has specific deadlines for filing personal injury lawsuits. In a personal injury case, the statute of limitations usually begins running on the day that the you were injured.

The statute of limitations is a very strict deadline, and if you don’t file a lawsuit for a personal injury claim until after the statute of limitation expires, your lawsuit will almost certainly be dismissed. There are a few exceptions that a statute of limitations could be extended, but they are used in very limited circumstances and shouldn’t be counted applying in your case.

 

In Louisiana, the statute of limitations is set for the following types of claims:

Contract (oral or in writing) 10 years LA Civil Code Article 3499
False Imprisonment 2 years LA Civil Code Article 3493.10
Assault and Battery 2 years LA Civil Code Article 3493.10
Fraud or Theft 1 year LA Civil Code Article 3492
Libel or Slander 1 year LA Civil Code Article 3492
Medical or Legal Malpractice 1 year LA Civil Code Article 3492
Personal Injury 1 year LA Civil Code Article 3492
Product Liability 1 year LA Civil Code Article 3492
Property Damage 1 year LA Civil Code Article 3492
Trespassing 1 year LA Civil Code Article 3492
Wrongful Death 1 year LA Civil Code Article 3492

 

Why Do Statute of Limitations Exist?

State legislators determine the time limits for various civil claims and crimes. These limits are representative of the public interest and function to serve both the public’s safety as well as the individuals facing charges within the state’s criminal justice system. Statutes of limitations function to ensure convictions are timely, and that those convictions only occur when the evidence does not depreciate over time.

A statute of limitation requires a criminal to remain in the same state where the crime was committed, and that he or she remain publicly visible, or gainfully employed, so that law enforcement has the ability to pursue a public investigation at any time. This helps to ensure a fair and speedy trial is afforded to the defendant, while giving the plaintiff enough time to collect the necessary evidence to prove their claim.

How Do I File A Personal Injury Lawsuit?

If you are planning to file a personal injury lawsuit against an individual or another entity that is not the government or a government agency, then there is no set time limit in which you have to notify that person of your intention to file a lawsuit. However, this does not mean that you should take your time with this important matter. By acting quickly and efficiently, you will probably increase your chances of resolving your claim faster and more successfully than if you choose to delay.

It is good to keep in mind that even though you notify people of your intent to file a lawsuit, this does not mean that you must file a lawsuit thereafter. By giving notice, you only preserve your rights to do so, while preventing the other parties from defending against a lawsuit in arguing that you waited too long to inform them of your injuries. By notifying the other parties, you are simply ensuring that you will be able to proceed with negotiations regarding settlement and arbitration at your own pace, without feeling rushed or missing the statute of limitations deadline.

What If I Am Filing A Claim Against The Government?

Unlike filing a claim against an individual or a company, if you do need to file a claim against the government or a government agency or employee, you will have a limited amount of time in which you must file a personal injury claim. Depending upon your type of case, this time period usually ranges between 30 days and one year, which can often be shorter under these circumstances than if the lawsuit was filed against an individual or a company. If you do not abide by these timelines, you may unfortunately lose your right to recover any sort of compensation for your injuries or property damage.

Get Help From An Experienced Personal Injury Lawyer

No one-size-fits-all answer exists. Injuries cost money, including medical bills and time away from work, which is why it makes sense to have an attorney help you with your claim. If you are not quite sure if you need professional legal help after an injury, you should still consult an experienced personal injury lawyer at Gordon & Gordon about your claim at no cost. Then, if you decide you have a claim you want to pursue, you can take that next step with confidence.