how does workers' comp work

How Does Workers’ Comp Work?

When a worker becomes injured or ill while on the job, it is likely that they will have access to  workers’ compensation insurance. Workers’ compensation, or workers’ comp, is a type of employment insurance that grants benefits to employees who receive workplace injuries. So exactly how does workers’ comp work? The process of filing a workers’ compensation claim for a work-related injury or illness can be challenging, and receiving an appropriate settlement can be even more so.

The personal injury & workers’ compensation lawyers at Gordon & Gordon can help you navigate the legal process of workers’ comp and ensure that you get the best settlement you deserve. In this post, we’ll answer your questions like “How does workers’ comp work?” and more. If you still have additional workers’ comp questions, or want to learn more about the workers compensation disability rating chart, please feel free to reach out to the law firm of Gordon & Gordon today. 

Who is required to buy workers’ comp insurance?

Workers’ comp insurance covers nearly all workers employed in the U.S. today. The vast majority of non-military federal employees have workers’ compensation insurance under the Federal Employment Compensation Act (FECA). This federal law provides workers’ compensation insurance to nearly 90% of all American employees. 

There are some states that don’t require workers’ compensation in certain circumstances. For example, agricultural workers, seasonal employees, and independent contractors may not fall under workers’ comp coverage in certain states. 

In addition, every state has its own requirements for the minimum number of employees that must be working at a company for it to require workers’ comp. Some states require 4 or 5 employees to qualify, while others may only require 1. The state of Louisiana is one of these states. A company can have only 1 employee and need to offer workers’ compensation. 

Part of the regulations surrounding workers’ compensation is that an employer cannot terminate an employee while they are in the claim process for workers’ comp. Doing so may be an act of retaliation, which is against the law. The consequences of terminating an employee on workers’ comp can be severe. So in addition to most all employers needing workers’ comp insurance in place, they must also follow the laws that it carries.

Are all work related injuries covered by workers’ comp?

For the most part, all work-related injuries are, in fact, covered by workers’ compensation insurance. In addition to injuries, illnesses obtained on the job are covered as well. This means that in addition to sudden accidents such as a slip and fall head injury, workers’ comp also covers infectious diseases that may develop over time.

The determining factor does not depend on what type of injury it is, but rather if you can prove that it resulted from your work. If the injury or illness developed as a result of on-the-job exposure, it qualifies as a workers’ comp claim. This could include anything from a broken bone to black lung disease (exposure to coal dust). 

Do I have to be injured at my workplace to be covered by workers’ comp?

In order to receive workers’ comp, you have to be on the job. But what if part of your job is performing off-site duties? Then how does workers’ comp work?

Workers’ comp insurance intends to cover any and all accidents that occur within the “course and scope of your employment.” Therefore, if you were performing an activity that benefited your employer at the time of your accident or exposure, you should receive coverage. This includes injuries that occur off-site, but only if the injuries occurred while you were performing job duties. For example, working from home or taking a work call in the car would fall under workers’ comp coverage. Injuries or illnesses that occur during job-related training or education may also receive workers’ comp benefits. 

Traveling between two work sites or making job-related deliveries also calls for workers’ comp benefits. For example, if you are driving a vehicle for the purpose of benefiting your employer and you get into a car accident. This should be covered by workers’ comp. Workers’ compensation also covers those who may be injured or fall ill while doing business travel. This is whether they are off duty or not. 

In most states, even in the case that you have already clocked out but you still receive an injury while at the workplace, you will receive coverage. For example, say you clock out and are walking to your car in the parking lot when you slip and fall and receive a serious injury. Because it is still on the premises, it is a work-related injury. 

Do you get a settlement from workers’ comp?

When you file a workers’ compensation claim, you will receive benefits provided by your employer’s insurer. These benefits intend to cover the costs of medical treatment and lost wages that result from your work-related injury. Our Northwest Louisiana work accident lawyers will explain how a workers’ comp settlement actually works. 

First, the injured worker must bring a claim to his or her employer’s insurance provider. After this, the provider makes an initial settlement offer. The employee may either accept or reject this settlement offer. If they do not think the offer is acceptable, they are able to hire a lawyer and pursue a larger settlement. This can potentially result in a larger amount of compensation. It also poses the risk of attaining less than the initial offer.

After establishing what they believe to be a fair settlement with their lawyer, the employee and his or her attorney will present their number to the insurance provider. If both parties cannot reach a consensus, the case will reach the courts. Most states require the court to review this proposed settlement to ensure it is not in violation of any state laws. If it does not, the decision will then fall into their hands to determine what is a fair amount of compensation.  

Can I get workers’ comp if I get COVID-19 on the job?

Many people are not aware that illnesses fall under the category of personal injury in a workers’ comp claim. For example, if you contract COVID-19 while on the job, you may be eligible for workers’ compensation benefits. However, your eligibility may depend on certain factors, such as your line of work and the laws of the state in which you live. Generally, to receive workers’ comp for COVID-19, you would need to meet a certain standard of proof. You must prove that your job presented a serious risk of exposure, beyond the risk for the general public. Further, you must prove that you contracted the virus while actually on the job.

Under Louisiana’s Workers’ Compensation Law, the injury or illness must cause a “violence to the physical structure of the body.” COVID-19 can cause violence to the body. Because of this, it qualifies under that circumstance. However, there are more factors that one must consider in the case of a coronavirus workers’ comp claim.

A claimant must be able to prove a causal connection between his or her COVID-19 diagnosis and their work activities. To do this, there must be evidence of the presence of other cases in the workplace. You must also take into account the incubation period between the time of exposure and when the symptoms actually manifest. Finally, one must consider the potential for exposure in other places aside from the workplace in the 14 days before the symptoms appeared. 

To answer the question, yes, with the proof of causal connection, you may receive workers’ comp for contracting COVID-19 while on the job. While the burden of proof may be higher than that of a physical injury, occupational diseases can still receive benefits through workers’ comp.

Call Ark-La-Tex Workers’ Comp Lawyers Gordon & Gordon Today

Gordon & Gordon Law Firm has been helping residents of Northwest Louisiana secure workers’ compensation settlements for over 30 years. Our legal experience will provide you with the tools you need to get the compensation you deserve. And remember, we don’t charge unless you get a settlement! Call us today at 318-716-HELP or visit our website to begin your journey towards compensation.

what to expect in a personal injury deposition in Shreveport Louisiana

What To Expect in a Personal Injury Deposition

When it comes to personal injury lawsuits, there are many complex procedures that both the defendant and victim must go through. Perhaps one of the most anxiety-inducing ones, however, is the deposition. This is likely because there is a lot riding on the deposition process. However, many people don’t know what to expect in a personal injury deposition. 

A well-prepared, methodical deposition is crucial to the success of any case. To ensure you have an effective deposition, it is important to have a skilled personal injury attorney counseling you. The attorneys at Gordon & Gordon Law Firm have decades of experience in advising clients through personal injury depositions. Serving the Northwest Louisiana area, Gordon & Gordon have the skills and resources necessary to ensure you are fully prepared for your deposition. In this post, we’ll inform you about what to expect in a personal injury deposition and the unfamiliar legal territory that comes along with it.

What is a deposition?

Before we cover what to expect in a personal injury deposition, let’s first cover the basics. A legal deposition is the process in which both parties gather more information from the defendant and claimant themselves. Once you or the other party receive a notice of deposition, participation from both sides is mandatory. If you want the case to move forward, you will have to take part in this necessary phase of the lawsuit. 

The lawyer of the defendant will ask you, the victim, questions regarding the accident and the injuries you sustained. This may be regarding any facts or details relating to the accident. Your attorney at Gordon & Gordon Law Firm will do the same for the negligent party. 

Depositions do not take place in a court. Instead, they generally occur in an attorney’s office. Inside the room will be your attorney, the other party’s attorney, a court reporter, the examiner, you (the deponent), and a videographer, if necessary. Sometimes, a deposition may require a video recording. 

You will be under oath while completing your deposition. This means, just as if you were on the stand at trial, you must tell the whole truth to the best of your ability. Anything that you say will be recorded. If your case doesn’t settle before trial, whatever you say will likely come up in court later. 

What are personal injury deposition questions?

The questions asked at a deposition, called interrogatories, are a vital component of a successful personal injury case. As it is part of the discovery phase in a personal injury claim process, both attorneys will ask the opposing side questions to learn more about the case. They aim to give both sides a better picture of what actually occurred from both points of view. However, there will be plenty more asked than simply “What happened?” Attorneys want to get to know the opposing party and their background as well as possible so they can effectively represent their own client. 

What will I be asked in my personal injury deposition?

Depositions often follow a similar type of structure in regards to the types of questions asked. The opposing party’s attorney will likely begin with asking you about your background. This might include things like where you currently live, your occupational history, and any previous legal claims or criminal history. 

The attorney will then spend some time diving into your medical history. They will inquire about any medical treatment or surgeries you may have had both before and after the accident. They may also inquire about any doctors you’ve seen previously, as they may want to follow up with them for their own investigation. 

Once they gather enough information regarding your personal background, they will most likely inquire about the events leading up to the accident and injury. This is when you would give your account of the accident to the best of your ability.

The next thing you can expect the attorney to ask is for a description of the injuries you sustained. You should give a detailed account of all of the injuries that you’ve experienced since the accident. This may include both physical and mental trauma.

Finally, the attorney will finish up with questions about how your life has been impacted since the occurrence of the accident. Here, you should come clean about the stresses that have negatively changed your life since the defendant caused your injuries. You may want to include any limitations you’ve been met with as well as any burdens that have been placed on you. 

What is a deposition like in a personal injury trial?

If you’ve ever seen a deposition on television or in the movies, you might be expecting something a bit more dramatic than what will be your reality. In a personal injury case, or any civil suit for that matter, depositions are often much less frightening. There is generally no angry shouting or table pounding. Instead, there will simply be respectful and professional communication between both parties. 

The main goal of the opposing party’s lawyer is to get you to open up so they can learn more about the circumstances of the case. They understand that coming into it with an angry and dominating attitude will more likely shut you down than open you up. 

How to prepare for deposition questions?

Your attorney will work to the best of their ability to properly prepare you for your deposition. The first thing the two of you must establish is what it is you are trying to prove. Therefore, you and your attorney should discuss in detail the most important factors of your case. This includes all of the key legal and factual issues regarding your claim. You must also understand the strengths and weaknesses of your case so you are familiar with what it is you need to focus on.

You will likely go over any previous statements you may have made. It is important that in the deposition, you don’t contradict any of these past statements. This can end up hurting your credibility and your case in general. 

Your personal injury lawyer will then inform you of the type of questions that you can expect to be asked. They may also have you participate in a mock Q&A where they will have a list of questions that the opposing attorney is likely to ask. As you are under oath, it is important that you do answer truthfully. However, your attorney will coach you through the ways in which you ought to address and navigate certain things. 

Remember not to volunteer any extra information if they do not specifically ask about it. The five preferred answers for a deposition are: Yes, No, I don’t know, I don’t recall, and I don’t understand the question. 

One of the most important things to remember in your deposition is to take your time. Pauses will not be recorded on your deposition transcript. Listen carefully to what it is you’re being asked and make sure you fully understand the question before answering. 

Can I give my deposition over the phone?

In the state of Louisiana, if all parties agree to a telephone deposition, one can legally occur. In addition, the court may specifically order that a deposition be conducted over the phone or other electronic means, such as videoconferences. This allows for instantaneous connection and often allows the proceedings to go forward more efficiently. It may also allow the deponent to feel significantly more comfortable and at ease if they are in a setting familiar to them rather than at a lawyer’s office. 

To avoid any miscommunication, your deposition notice should clearly indicate that it will be occurring remotely via telephone or video. The notice should also specify where exactly each deponent will be located and how the other parties involved may appear. 

Remote depositions are more likely to occur as of late because of the continuous spread of COVID-19 and the need for social distancing. Ask your attorney for more information as to how you might conduct your deposition over the phone.

Contact Shreveport Personal Injury Lawyers Gordon & Gordon

If you file a personal injury claim, there is a chance you may need to participate in a deposition. The idea of a deposition often brings people a lot of stress and anxiety, but it doesn’t have to. We hope this post was able to inform you a little more about what to expect in a personal injury deposition and calm any nerves you might have had. At Gordon & Gordon, we know what it takes to prepare our clients for all of the legal procedures within a case, including personal injury depositions. We fully commit to achieving excellent results and the best possible outcome for your personal injury case. If you have any further questions or would like to set up a free consultation, call 318-716-HELP to speak with the Shreveport personal injury attorneys at Gordon & Gordon Law Firm today.

Personal Injury Demand Letter

How to Write an Effective Personal Injury Demand Letter

The most common form of personal injury claims involve slip and falls, dog bites, and car accidents. Usually, the insurance company of the at-fault party settles the victim’s claim. If you’ve been seriously injured due to someone else’s negligence, you will need an experienced personal injury attorney to negotiate and deal with the insurance company.  After you’ve recovered, you can begin the negotiation phase of an injury claim. This begins with making a written personal injury demand letter for compensation to the insurance company. In this blog, we give you some examples of what you need to write a professional-looking and effective claim letter.

What is a personal injury demand letter?

A personal injury demand letter lets the other party know that you are seeking damages for your injury. It begins the process of negotiation of a potential settlement.  It is a crucial part of your process. You want a demand letter that is well constructed. You must present your damages and case in a professional manner. This can set the stage for a quick settlement process. A poorly written letter can gravely hurt your case. 

It must be factual and truthful. If it is poorly worded or contains grammatical errors, it could end up negatively impacting your case. Do not make spelling mistakes. Have someone else read it over for you. 

How do you start a demand letter?

The top of your demand letter must explain the relationships between the parties and their identities. It should include your name, address, and date of writing or sending the letter. If you will be sending your letter to an insurance company, you include its name, address, and a line that directs the letter to the attention of an adjuster. 

After that, you write the name and address of the at-fault party. Include their policy number and any claim number if the letter should be directed also to their insurance carrier.

You end your heading with the date and type of injury. You must also state that you are sending the letter for settlement purposes. This means that if you end up suing, this letter cannot “cap” your compensation. 

How much should I ask for in a demand letter?

Always speak to an experienced personal injury attorney before you demand or settle for a specific amount in a settlement. Generally, you should ask 75% to 100% higher than you would actually be satisfied with. If you think your claim is worth between $3,000 and $4,000, you should first ask for $6,000 to $8,000. 

What do you need in a personal injury demand letter?

Documentation

You will need not only the demand letter, you will also need copies of your supporting documentation. Some of the crucial evidence includes:

  • Wage verification
  • Police reports
  • Witness statements
  • Photographs
  • Medical bills

In most cases, a good demand packet contains as many as 20 or 30 pages. You will need to use a letter sized envelope to hold the packet without folding the pages. Send the letter with certified USPS mail, and include a return receipt request.

In terms of the structure of a demand letter, after your heading, you will need to include:

Presentation of the facts

The presentation of the facts will occur in the body of the letter. Explain the events that preceded your injury. Next, give a step description of the events that led to your accident. Provide as much detail as possible.

Avoid any technical arguments. It is permissible, and sometimes desirable to use “approximate” language. Avoid saying “Sunday January 1 at 12:23 pm.” This will prevent the insurance company from denying your claim due to an incorrect detail.

Description of damages

This includes the hard costs, called “special damages.” You can prove these by showing:

  • Medical bills
  • Lost wage statements
  • Receipts for medications

Next you will talk about your “general damages.” These are intangible losses. You will need to use vivid and descriptive language. It is important to emphasize the pain, suffering, and emotional distress you experienced. You can include specific details demonstrating that your life was altered such as:

  • The injury required you to cancel a vacation or important business trip
  • The injury prevented you from caring for your children
  • You were not able to attend an important family event
  • The prescription medication you needed to take for your pain prevented you from performing daily functions

You need to walk the adjuster through every step along your road to recovery. Here, you can talk about the levels of pain and discomfort you experienced. 

Liability

Make it very clear that you believe the at-fault party is responsible for your injury. Bring all of the facts of the case together to prove that the injuries happened because of the insured party’s negligence. The injury was absolutely not your fault. 

How long after a personal injury demand letter does the settlement take?

First your attorney at Gordon & Gordon will go through all of your medical records. Next they will finalize a draft and send it to the appropriate parties. Once the demand letter is sent, it usually takes the insurance company anywhere from 20-60 days to respond. If they accept the demand letter, you can proceed to settlement and receive the damages you asked for. You will probably have to sign a release of liability. This means that you won’t be able to take any legal action for the injury in the future.  Sometimes, the insurance company would make a counterThe time it takes for you to get a response depends on the insurance company and how complicated your case is. 

What do you do if you don’t get a response to your demand letter?

This is not likely. As long as you are sending your demand letter to an insurer or a large company, you should absolutely expect a response. If you don’t, something probably went wrong. These companies have many staff members to respond to demand letters. You can contact them to make sure that they received your letter. Ultimately, if they do fail to respond to your demand letter, they can expect a lawsuit. 

Get help with your personal injury demand letter

The Shreveport personal injury attorneys at Gordon & Gordon have helped their clients in writing many demand letters. They have many years of experience in building strong cases, starting with a powerful letter. If you are unsure of how to begin your letter, or need legal advice on the best way to proceed, contact us online or give us a call at 318-716-HELP.

hit and run attorney Louisiana

Do I Need a Hit and Run Attorney?

A common misconception about “hit and run” accidents is that it only involves a vehicle striking a pedestrian, then leaving the scene. Did you know that it actually encompasses much more? Hit and run accidents can cross over into personal injury law, traffic law, and property damage cases. Gordon & Gordon Law Firm is your source for extensive knowledge on all kinds of motor vehicle accidents. Stephen and Daniel have 30 years of combined legal experience in the Ark-La-Tex area. 

Below, we’ll walk you through the ins and outs of hit and run accidents, how to beat a charge, and why you need a hit and run attorney. We’ll also focus on hit and runs that the public often doesn’t think about, like hit and runs involving property damage and other vehicles.

What is a Hit and Run?

A hit and run is any situation in which the driver of a vehicle collides with an object, person, or vehicle, and leaves the scene without providing any information.

When you strike something with your vehicle and leave the scene without providing your information, you have committed a hit and run. The object could be a person, a cyclist, or even a piece of property. Legally, you are required to stay on the scene and provide your information. 

Hit and run accidents are very serious, and so are their charges. Depending on the accident itself, you could be charged with a misdemeanor or a felony. If the court charges you with a hit and run, you need Gordon & Gordon as your hit and run attorneys.

What Should I Do at the Scene of a Hit and Run?

In the event of a hit and run car accident, the court can charge you even if you were not at fault.

Here’s an example. You’re driving through your neighborhood on your way to work. Another car runs a stop sign and hits you, but your car is not damaged. You drive away without getting out to provide your information. You were clearly not at fault for the car accident, but you have still committed a hit and run.

A court can also charge you for hitting objects like mailboxes or light posts if you don’t stop. There are certain rules you must follow after a car accident:

  • Stay on the scene.
  • Ask if anyone needs medical attention.
  • Provide your identifying information in order to determine fault. This also determines who pays for injuries or damages.

Not stopping to provide your information is how courts charge you with a hit and run. To avoid a charge, you must provide your:

  • Driver’s license number.
  • Name and contact information.
  • Insurance information.
  • License plate number.

It’s a good idea to take pictures of the scene, as well as getting the above information from all parties involved. Also be sure to get the information from any witnesses to the scene. Witness statements are essential for determining who’s at fault in a hit and run accident. Our hit and run attorneys at Gordon & Gordon will use all of this information when helping you with your case.

What are the Penalties for a Hit and Run?

Hit and run accidents in Louisiana incur different charges depending on the severity and details of the accident. They can be a misdemeanor or a felony.

Misdemeanor Hit and Run

If no serious injuries occur from the accident, the charge will likely be a misdemeanor. Fines can range from $500 or less, and you could face up to 6 months in jail.

If alcohol or drugs were involved in a Louisiana hit and run, there is both a fine and mandatory jail time.

Felony Hit and Run

If serious bodily harm or death occurs, the accident becomes a felony. Fines can range up to $5000, and there could be a sentence of up to 10 years in prison.

Hit and run accidents are most serious if they meet these conditions:

  • Serious injury or death was a result of the accident.
  • The driver knew that their vehicle was in the accident, and still left the scene.
  • A court convicted the driver of a DWI, vehicular homicide, or vehicular negligent injury in the past.

If these conditions apply to your case, the potential penalties are very steep. You need the experienced car accident lawyers at Gordon & Gordon on your side. Call us at (318)-716-HELP for a consultation.

How Do I Beat the Charge?

With 30 years of combined legal experience, Gordon & Gordon have plenty of defense options for hit and run charges. Below are some defenses that have been successful in the past.

  • Emergency Response: If you are involved in the accident while driving to the hospital or other location because of an emergency, you may raise this defense.
  • Unaware of the Injury: Sometimes, you may not realize that an accident occurred. This is a more difficult defense to raise, but still a viable option.
  • Involuntary Intoxication: This defense is a particularly difficult and unusual one, but it has brought success in the past. If you believe that someone drugged you, and that you were impaired because of it, you can raise this defense.

Keep in mind that any and all evidence you can gather from the scene on your behalf is useful in a hit and run case. It is difficult at times to defend against these charges, but not impossible. If you are decidedly at fault, you can lessen the penalties under the right circumstances.

Why Should I Hire a Hit and Run Attorney?

A hit and run is a very serious offense with very serious consequences. Consult with an accident attorney right away if you are charged. The experienced attorneys at Gordon & Gordon know the law, and are familiar with these types of cases. They can offer you a better chance at reducing charges and avoiding longer jail time.

Contact Gordon & Gordon Law Firm, LLC.

Have you asked yourself “being sued for car accident what can they take?” You probably want to speak to attorneys like Gordon & Gordon. If you or someone you know needs a hit and run attorney, give Gordon & Gordon a call at (318)-716-HELP. You can also submit your request on our website and tell us about your situation.

are workers compensation settlements taxable

Is Workers’ Comp Taxable?

If you receive injuries while on the job, workers’ compensation can be extremely beneficial for you. The benefits that you receive from workers’ comp insurance can help cover medical expenses, lost wages, and ongoing care costs. There are certain factors relating to your job, location, and injury that determine the amount of compensation you are able to receive under this claim. However, regardless of the amount, people often have several questions about their workers’ comp payout. Many people ask the question: Is workers’ comp taxable? Our Louisiana workers’ comp attorneys at Gordon & Gordon Law Firm will answer this question and more below. 

How is workmans’ comp taxed?

Say you have a valid workers’ comp case and Gordon & Gordon help you receive a large payout for your work-related injury or illness. After your case settles, you’re still left with a few questions. One of these is likely “Is workers’ comp taxable?”

The answer is, for the most part, no. Workers’ compensation, also known as workmans’ comp, is generally not considered taxable at neither the state nor federal level. Workers’ comp falls under the category of non-taxable income. For reference, other forms of non-taxable income include:

  • Compensatory (though not punitive) damages for personal injury or illness cases;
  • Compensation for permanent loss or loss of use of a body part or function;
  • Compensation for permanent disfigurement;
  • Payments from public welfare fund;
  • Disability benefits under a “no fault” car insurance policy for loss of income or earning capacity as a result of injuries.

For purposes of federal income tax, workmans’ comp awarded to an employee under a workers’ compensation statute due to work-related injury or illness are fully exempt. The same circumstances apply to survivors of an employee killed on the job. 

Exceptions to Tax-Exempt Status

There are a few exceptions where taxes might apply. This may occur if an individual also receives disability benefits through SSDI (Social Security Disability Insurance) or SSI (Supplemental Security Income). There are also cases where the Social Security Administration might reduce someone’s SSDI or SSI in order for the combined amount of workers’ comp and disability payments to remain below a certain threshold. The threshold prevents the amount from exceeding more than 80 percent of your previous earnings. This is commonly referred to as the workers’ compensation offset. 

For these cases, Social Security payments would become reduced and the difference created by the workers’ comp payment could become taxable. However, in many cases, this amount is small enough to be negligible for taxation purposes. 

Social Security will base the offset on the average of what you currently earn. This is typically the highest of the average wage per month of which your disability benefits get based off of. They will also take into account the average wage per month during your five best paid years and the average earnings of your highest paid year of the last five.

Will I get a 1099 for workers’ compensation?

A 1099 is a form that reports income of at least $600 to the IRS from various sources. This can include anything from self-employment earnings to interest and dividends to government payments. The IRS refers to the 1099 as “information returns” that tells them of any other types of income a person received other than their regular salary. 

The IRS uses a 1099 for tax purposes. Since workers’ compensation isn’t taxable (for the most part), you will not get a 1099 for workers’ comp. Likewise, you also don’t need to include your workers’ comp benefits on your tax return. 

If your employer did issue you a 1099, call a workers’ comp attorney to help sort out this issue as soon as possible. 

How is workers’ comp reported to IRS?

Because workers’ comp is exempt from state and federal taxes, you do not need to report it to the IRS. However, if you do return to work following a workers’ compensation claim to perform light, modified duties, the earnings you receive then will be taxable. You should report these payments as wages on Line 7 of Form 1040A or Line 1 of Form 1040EZ

If your disability pension provides benefits to employees only with service-related disabilities, part of that may be workers’ comp. This means that the part that falls under workers’ comp will also be exempt from taxes. The remainder of your pension will still be taxable as annuity income or pension.

Is workers’ comp counted as income?

While workmans’ comp is not eligible for taxation, it is still a form of income. Cash assistance, SSI, Medicaid, and other benefits are only granted to individuals with a low enough income. For the purpose of determining eligibility for these kinds of programs and benefits, workers’ comp will count as income. 

If you are currently on Medicaid and fear that a workers’ comp settlement would put you at risk for disqualification from this coverage, you may have another option. Consider putting your settlement from workers’ compensation in a Special Needs Trust. Doing so would allow a disabled individual to continue on Medicaid while still using the settlement funds for home, vehicle, and personal care expenses. 

Contact Experienced Workers’ Compensation Lawyers Gordon & Gordon Today

It is important that when filing a workers’ compensation claim, you have a knowledgeable attorney on your side to make sure everything is in order. Your attorney can help structure your settlement in a way that minimizes the workers’ comp offset and allows you to keep any other benefits you may already have. This, in turn, will also help minimize any taxes that you must pay, if any. 

The workers’ compensation system can be complex, especially when it comes to taxes and when they are or are not applicable. Attempting to navigate the legal system alone can end up costing you more in the long run. If you have any more questions like “Is workers’ comp taxable?” or if you need representation for your workers’ comp case, contact Gordon & Gordon today. Get them working on your case as soon as possible to ensure you receive the best possible settlement. To get in touch with our skilled Louisiana attorneys, call 318-716-HELP or fill out our online intake form here

Can You Still Receive Workers Comp If You Fail A Drug Test?

Can You Still Receive Workers Comp If You Fail A Drug Test?

Employees who receive an injury while on the job are legally entitled to workers compensation, or workers comp for short. This is a type of insurance set in place to protect both employees and their employers in the event that a workplace accident or injury occurs. Workers compensation provides promised benefits and compensation to all workers without the need to prove fault. However, issues may arise if your employer can prove that your use of drugs was the cause for the accident or injury. To do so, they may issue a workers comp drug test.

It is generally harder to prove that drugs played a direct role in the accident than it is to file a no-fault workers comp claim. If your employer pursues this defense, though, it is possible that a positive drug test will affect your collection of benefits and compensation. That is why it is important to have an experienced workers compensation attorney working to ensure you receive what is rightfully yours. At Gordon & Gordon Law Firm, we help residents all across the Ark-La-Tex get the workers comp payout they deserve. Here, we will attempt to answer all your workers compensation questions as they pertain to drug testing. If you have any further questions, give us a call today at 318-716-HELP. 

Is a drug test required for workers comp?

If you become injured while on the job, you do not need to provide proof. This is because the workers compensation system is one of no-fault. There are no states in the U.S. that have laws requiring employers to drug test their workers after an accident. However, there is also no state that prohibits it. Instead, it is up to the discretion of the employer whether or not they want to administer a workers comp drug test following a workplace accident.

There is often the possibility that the employer doesn’t want to pay or wait for a test to come back, so they’ll disregard it altogether. However, if they suspect that drugs were the cause of the accident, it is possible that they would want to request a screening. 

Even in the case that an employer requests a drug test from their employer and they fail, that doesn’t necessarily mean it will play into the case. It is up to the presiding judge to determine if the presence of drugs will be a factor in the consideration of the workers comp case.

What happens when you fail a drug test for workers comp?

If you fail a drug test after a workplace injury, you are not automatically disqualified from receiving workers compensation. According to the Workers Compensation Law, only injuries that were a direct result of the drug use or intoxication can eliminate the potential for workers comp. So in the case that you get into a work accident while on drugs or having alcohol in your system, if those aspects were not the cause for the accident, the injury is still compensable.

For example, let’s say you are working on a piece of machinery at work that is defective. You have drugs in your system and an accident occurs where you become injured. Sure, if you were sober at the time the accident might not have ever occurred. But the presence of drugs in your system wasn’t what caused the accident, the defective machinery was. Therefore, your claim for workers compensation remains valid. 

How long does workers comp have to drug test?

If your employer does wish to do a drug screening following a workplace accident, it is in their best interest to have it done as soon as possible. This is because there is a different window of detection for substances depending on their type and how much is in your system. 

The rule of thumb for administering a drug test is within 12 hours after the accident has occurred. Waiting longer can lessen the accuracy of the results by a significant amount. 

Can I get fired after failing a drug test?

The Occupational Safety and Health Act (OSHA) forbids employers from retaliating against reporters of a work-related illness or injury. The law prohibits employers from acting out against their employees who’ve filed a workers compensation claim. Under the protection of this act, retaliation, including discrimination and termination, is illegal.

This doesn’t mean that you’re completely safe from termination after a failed drug test. Employers and entire industries have the right to establish and maintain a drug-free workplace. If you do happen to fail a drug test, your employer still has the ability to fire you. If they fire you right after an accident occurs, you may have a case for workers compensation retaliation. They simply can’t fire you assuming they won’t have to respect your claim and pay you the compensation you deserve.

Do I have to take a drug test if I get hurt at work?

The OSHA makes it illegal for employers to use drug testing to discourage employees from filing a claim. Thus, having a policy that requires automatic drug testing following an accident is a violation of this act. However, an employer may still conduct drug tests at their own discretion for other reasons. This may be part of a new hire background check, random or scheduled company-wide testing, or reasonable suspicion.

If you’re involved in an accident at a work site, this is not reason enough for your employer to subject you to a drug test. There must be an “objectively reasonable basis” to conduct a screening. This means that only if there is a strong reason to believe that the use of drugs or narcotics directly contributed to the accident can an employer require a test. 

Forcing a drug test on an employee without reasonable suspicion may be a form of workers compensation retaliation. If you feel that your boss is unlawfully issuing you a drug test following an accident, you need to hire a workers compensation attorney ASAP. 

Contact Gordon & Gordon, Shreveport Workers Compensation Lawyers

Though workers compensation is a no-fault system, a failed drug test could result in employers and their insurers attempting to deny your claim and benefits. To be sure this doesn’t happen, you need skilled workers compensation lawyers Gordon & Gordon on top of your case. It can be both painful and upsetting to receive an injury that prevents you from working. Don’t let it cost you more than it needs to. At Gordon & Gordon, we don’t charge any lawyer fees unless we are able to get you a settlement. Call our offices today at 318-716-HELP or visit our website and leave us a message regarding your case here

False arrest lawyer

What To Do After A False Arrest

Most states in America, with the exception of 17, offer some form of compensation for a false arrest or imprisonment. Louisiana is one of the states that offer exoneration compensation for the wrongfully convicted. To prove a false arrest, you must prove that the individual who arrested you engaged in constitutional misconduct. Often, this is a law enforcement officer who makes an arrest without the authority to do so. In this post, our Shreveport attorneys at Gordon & Gordon Law Firm inform you what to do after a false arrest.

What is false arrest?

To understand what to do after a false arrest, you should first be familiar with what a false arrest actually entails. A false arrest occurs when a person is unlawfully detained by either a law enforcement officer or a private citizen. A private citizen in this case may be anyone who makes a citizen’s arrest, such as a security guard or store clerk. 

A false arrest occurs when a person restrains another individual without the legal justification to do so. If the arrestor had no legal authority to conduct the arrest, they may be liable. It’s important to remember that police cannot simply arrest someone on a whim. They must have probable cause or an arrest warrant to do so. Probable cause must show that the person committed a crime in front of the officer or else gave them reasonable means to believe they committed one.

Even in cases where the officer has a warrant, the arrest can still be unlawful. This occurs in certain cases where the warrant is invalid. An arrest warrant may be invalid if it doesn’t name or identify the person or specify the crime. It may also be invalid if it doesn’t label the court that issued the warrant or a police officer lied to a judge about having probable cause.

The court may not consider all invalid warrants to be cause for a wrongful arrest. The officer that arrested you may defend themselves against a claim by stating that they made the arrest in good faith. Using the good faith defense, the officer may claim that the warrant appeared valid and they genuinely believed it to be. They might also claim that they had reasonable grounds to believe that the warrant was for you.

Can you resist a false arrest?

If you believe you are being arrested under false pretenses, you are able to resist. This does not mean that you should use violence to fight back, but instead tell the officer that the arrest is wrongful. The officer will demand that you provide evidence to support your claim. If you are able to provide evidence that proves it is a false arrest, the officer cannot carry on with the arrest.

If you are unable to provide proof at the time, you should cooperate with the police and wait to ask for an attorney who can prove the false arrest at a later time. 

Can you sue for false arrest?

A person who has been falsely arrested has a few legal options they may choose to pursue, including a lawsuit. First, they may choose to file a complaint with the police department against the arresting officer. Doing so could lead to the officer facing repercussions such as suspension, retraining, or even termination. There are even some extreme cases where they may face criminal charges. 

In the case that the victim received a criminal charge during a false arrest, they may also file a motion to suppress whatever evidence the police obtained. This motion would go through the court during the victim’s criminal proceedings. Any evidence that prosecutors might have once used against them may be no longer be viable.

As for a lawsuit, a citizen can file for civil rights violations against the police department and arresting officer for either an injunction or monetary damages. You may file the suit in either your state court or the federal court. If you demand an injunction, the court may require that the police department retrain, suspend, or fire the officer or change their official arresting policies. 

If you demand monetary damages for your false arrest, your attorney will aim to collect compensation for the time you spent in prison. This may include medical bills (from unnecessary, excessive force), lost wages, pain and suffering (mental anguish), and presumed damages. Presumed damages refer to damages recovered for the violation of the victim’s civil rights that took place. 

Should you choose to seek monetary damages, you should expect the process to be much more difficult than your other options. This is generally because of qualified immunity, which defends government officials (such as law enforcement officers) against lawsuits filed over conduct that occurred on duty.

How much can I sue for false arrest?

Now that you know what to do after a false arrest, you probably want to know how much you can get for it. How much you are able to obtain in a false or wrongful arrest lawsuit depends on several factors. First, it depends on the state in which the incident occurred. In places like New York, victims of wrongful detention can receive up to $7,700 per incarcerated hour. Previous cases reveal awards of up to $625,000 total in this state.

The state of Louisiana also offers exoneration compensation, though not nearly as much. The state cuts off the award amount at $250,000. An innocent New Orleans man named Malcolm Alexander spent 36 years behind bars before becoming exonerated. Should he receive the max amount for exoneration compensation, that’s just under $7,000 for each year in prison.

Either the victim themselves or their family can file the lawsuit. However, remember that just because you were later found to be innocent of a crime doesn’t mean you have a valid claim for false arrest. You must be able to prove that the arrest occurred in an unlawful manner.

False Arrest Lawsuit

Let’s say, for example, a police officer pulls you over for driving with a broken taillight. After the law enforcement officer writes a ticket, he or she tells you that you aren’t allowed to leave until a drug-sniffing K-9 unit arrives. Because there was unlawful restraint on your freedom, this would be an example of a false arrest. 

If someone did not have probable cause or legal authority to arrest you but did so anyway, the arrest is unlawful and you have the grounds to file a false arrest lawsuit. 

Under the federal law 42 U.S. Code § 1983, there is no statute of limitations set specifically for a false arrest lawsuit. Instead, each state uses their own statute of limitations that applies to personal injury cases. For Louisiana, this statute of limitations grants the victim one year to file a personal injury claim. Thus, Louisiana residents have one year following the date of the false arrest to file a claim with the court.

False Arrest Lawyer

If you have been the victim of a false arrest or false imprisonment and would like to file a civil rights lawsuit, contact Shreveport attorneys Gordon & Gordon today. At Gordon & Gordon Law Firm L.L.C., we serve the entire Ark-La-Tex and beyond. We’ll meet you at your home, place of business, hospital room, or place of imprisonment. Give us a call at 318-716-HELP or fill out our online form here to get Gordon & Gordon working for you. We will provide a free consultation to help you better understand what to do after a false arrest.

T bone collision

Who Is At Fault In A T Bone Collision?

A T bone collision is one you would never wish to find yourself in. You’ve probably seen it depicted in the movies and on TV many times. The driver gets distracted for a second and in the blink of an eye, headlights are barreling towards them. As horrifying as those scenes may be to watch, they’re no match for the terror that comes with a real-life scenario. In this post, we’ll further explain a T bone accident and who is often at fault for one. 

At Gordon & Gordon Law Firm, we know how scary car accidents can be for you, let alone a T bone collision. If you or a loved one received injuries in one of these accidents, see how our attorneys can help you.

What Does T Boned Mean?

You might hear a T bone accident also referred to as a side impact or angular collision. It occurs when the front end of one car strikes another from the side. It may be either the passenger side or drivers side that gets hit. 

The reason this type of collision gets called a “T bone” is because of the way the cars align when they collide. At the moment of impact, they almost create a sort of “T” shape. One car represents the horizontal top of the T and the other car the vertical line.

What Is A T Bone Car Accident?

A T bone car accident generally occurs when one driver does not give the other driver the right of way. Most T bone accidents occur at an intersection where one of the two cars does not stop when they’re meant to. Depending on the flow of traffic, the person who runs a red light or stop sign may either be the one T boning someone or the one getting T boned themselves.

T bone car accidents are among the most catastrophic of all traffic accidents. Of the different kinds of road accidents, a T bone collision often results in the severest of injuries and fatalities. The reason T bone car accidents are so dangerous is due to the lack of a barrier between one vehicle and the person within the other.

With a rear end or head on collision, the front hood or trunk of the car generally offers some degree of protection. When struck from the side, the person only has a door and a window placed between them and the impact. 

What Type Of Injury Is Commonly Associated With T Bone Accidents?

T bone accidents bring a serious variety of injuries, a lot of which can prove to be fatal. In most of these types of accidents, the driver and/or passengers in the car that gets hit from the side suffer more harm than the opposing driver. This is because the other vehicle will have more safety features to protect them in their head-on collision, like airbags and crumple zones. All that stands between the other driver is the mere inches of width on the car’s side panel. 

This lack of protection from the side often makes T bone accident injuries critical. Types of injury associated with T bone accidents include the following:

  • Spinal cord injuries
  • Head trauma/brain injury
  • Crushed and potentially amputated limbs
  • Orthopedic injuries
  • Internal injuries

If these injuries do not prove to be fatal, they still bring with them both physical and emotional trauma. While recovering from this, extensive financial burdens can accumulate. This can place significant stress on any individual. This is the reason it is so crucial to have experienced representation in the court of law. A good personal injury attorney can help to ensure you receive the compensation you need to successfully recover.  

Who Is At Fault In A Car Accident Tbone?

Though it is often assumed that the driver who T bones another vehicle is at fault, this isn’t always the case. Either party may be responsible for the accident. The blame might also get split between the two parties. Say one driver didn’t give the right away to the correct person. They’re definitely at fault, but if the other person broke the law or was driving distracted, they may be at equal or partial fault.

Road engineers and designers could also be liable if the scene of the accident had the following:

  • Poor sight lines
  • Inappropriate signs or signals
  • Confusing layout

In the case that the vehicle itself malfunctioned, automotive parts manufacturers may also be at fault if you can prove liability on their part. 

To determine fault requires evidence. Evidence can be in the form of photographs, police reports, or eyewitness accounts. That is why car accident attorneys often stress the importance of taking pictures at the scene of the accident soon after its occurrence. If you’re able to, include several angles of the collision as well as any damage done to both vehicles.

When the police write their report at the scene, they’ll provide details of any broken driving laws that might’ve contributed to the accident.

When crafting a solid accident claim, you need to prove more than that the driver was negligent. You need to prove that because of that negligence, an accident resulted that in turn resulted in someone receiving injuries. Further, you (your attorney) should be able to prove that the injury led to you suffering serious financial damages. 

Evidence for this may come in the form of medical bills or a pay stub that shows what you generally earn and how much of those earnings you lost while recovering.  

Avoid A T Bone Collision

At Gordon & Gordon, we’ve seen our hand of bad car accidents. We urge you to take the proper precautions to remain safe on the road. While there’s no way to control other drivers, you can take the necessary steps to protect yourself from accidents like a T bone collision. 

The first most obvious way to avoid a T bone collision is to obey traffic lights and signs. This especially applies to when you’re approaching intersections. Make full and complete stops at stop signs and slow down at yellow lights instead of speeding up.

When turning left on a green light, make sure you take the time to yield. Check and make sure there is no oncoming traffic before assuming it’s safe to go. That goes with any situation, really. 

When driving, you should never assume that other drivers are going to be following traffic laws. This may sound distrustful, but it will make you more aware of your own driving and surroundings. 

Lastly, take extra precautions on days when visibility is poor due to weather conditions. Be prepared to make any sudden stops, especially when encroaching on an intersection.

Contact Us Today

If you or a loved one received injuries in a T bone collision, you should contact an experienced personal injury lawyer immediately. Do not speak with an insurance company investigator or adjuster before you’ve had the chance to get a lawyer. Our experienced personal injury attorneys at Gordon & Gordon have been helping victims of auto accidents with their injury claims for over 20 years. Call our office today at 318-716-HELP to schedule your free consultation.

Rear ended collision settlement

Who Is At Fault In A Rear Ended Collision?

Many people will experience a rear ended collision at some point in their life, whether they’re the car that’s hit from the back or the car rear ending someone. Although many people assume that the car striking from the back is always at fault, that is not always the case. Fault gets determined by factors separate from the position of the cars in the accident. Despite which position you are in, you might be able to receive a rear ended collision settlement. Contact a car wreck lawyer at Gordon & Gordon to learn more.

Just below 2 million rear ended collisions occur every year in the United States. The National Highway Transportation Safety Administration reports that almost 30 percent of all car crashes are rear ended collisions. If you find yourself in one of these accidents, these numbers should tell you that you are not alone. If you’re curious about whether you’re able to receive a rear ended collision settlement, contact Gordon & Gordon Law Firm today. Our lawyers will help you through the legal process and fight for your right to compensation.  

What happens to your body in a rear end collision hit from the back?

Injuries sustained in a rear ended collision depend on a variety of factors. One pertains to how fast the cars involved were going. A car traveling at 50 mph could cause significantly more damage than a car going 15 mph. Even cars traveling at what most would consider a slow speed can cause serious damage to both your car and your body. 

This is because when another vehicle strikes yours, the momentum of the other vehicle transfers to your car and body as a result. So if a car is traveling at 15 mph and hits your vehicle from behind, that momentum is suddenly shifted to your body. This can be especially severe if you were at a complete stop when the crash happened. Human bodies aren’t meant to take on that kind of momentum all at once, which is why injuries often occur as a result.

If you got hit from the back in a rear ended collision, there are a few things that could happen to your body. With the force of the impact, both you and your car propel forward all at once. After the initial impact occurs, your body snaps backward. This is usually a result of your seat belt catching you. (If you weren’t wearing a seatbelt, the result could be much more catastrophic.) 

When this happens, your head and spine slam against the seat behind you. This sudden motion can leave you with several injuries in your back and spine. You also risk internal injuries due to the unnatural momentum placed on your body. And while airbags may save your life, they can also cause injuries on their own, like a broken nose, for example. Whiplash, herniated discs, muscle strain, and headaches/migraines could also result from this kind of wreck.

Who is at fault in a rear ended collision?

The most common reasons for a rear end collision are because of distracted driving, speeding, or following too closely. In general, the second driver is often at fault for the accident for any one of these reasons (or other reasons). However, this is not a given.

One of the common misconceptions about rear ended collisions is that the second driver is always at fault. Yes, this is often the case, but not one hundred percent of the time. It is entirely possible that the other driver or even other parties may be responsible for the accident.

To rebut the presumption that they are at fault, the rear driver must provide evidence that proves they were not the cause. This evidence may be that the other driver was acting in a negligent manner and that negligence is what caused the accident.

The following scenarios might prove that the driver in front was at fault for the accident:

  • The lead car is driving aggressively, such as erratic lane change or random, sudden braking
  • Failing to drive at a reasonable speed based on road conditions
  • Putting their car in reverse to get out of an intersection and backing into someone
  • Failing to use turn signals
  • Drunk or drugged driving
  • The lead car was intentionally looking to get hit
  • The lead car has broken tail lights, making it impossible for the rear driver to see them stopping

How much compensation will I get for rear end accident?

An injured person has the ability to seek compensatory damages following a rear ended accident. This includes any costs or losses that result from the wreck. Factors that will determine the rear ended collision settlement include the following:

  • Cost of medical bills
    • Emergency room treatment, physical or occupational therapy, medical supplies and prescriptions
  • Lost wages and earnings
    • Including lost earning capacity
  • Car repair costs
  • Pain and suffering
  • Loss of consortium for a spouse/partner
  • Survivor damages in the case of a wrongful death

In the case that the other driver was committing a crime, like driving while intoxicated, you may also receive punitive damages.

How much do you get for pain and suffering from a rear ended collision settlement?

The amount you are able to receive in compensation from a rear end collision depends on many factors. The two most contributing factors include how severe your injuries were and the amount of available insurance. Another weighing factor depends on how much pain and suffering you and your attorney are able to prove. 

Pain and suffering refers to both the physical and emotional injuries sustained as a result of the accident. If you suffered any physical pain and mental anguish following the accident, you may be able to seek compensatory damages for it.

The average rear ended collision settlement is generally in the range of $15,000 to $20,000. This is not a set amount, as each settlement offer depends on the specific details of the case. If your attorney is able to prove you suffered extreme mental and physical pain from the accident, you may receive a higher amount. 

Should I sue after being rear ended?

If you received injuries after being rear ended, you are able to file a personal injury claim against the responsible party. The decision is up to you. 

The amount you receive for a rear ended collision settlement depends on the ability of your personal injury lawyer and the proof of injury you can provide. The best way to provide this proof is to collect any data or bills from doctors visits that pertained to the accident’s injuries.

In a car accident, you may not feel the effects on your body until much later. Even the smallest accidents can take a toll on your body in ways that you don’t even realize. It could take weeks for symptoms to show up. By then, you may not even realize the pain relates to the accident. 

That is why, if you plan to sue after being rear ended, you should always pay attention to any pain you experience after the accident. Keep records of your doctors visits and document as much as you can. This will help your case later. 

Contact Gordon & Gordon Today

If you received injuries as a result of a rear ended collision, contact the lawyers at Gordon & Gordon today. “Car accident lawsuit filed against me?” We can also help with that. We have over 30 years of combined legal experience dealing with cases such as personal injury. We can help you receive the settlement needed to properly recover from your injuries. You can get in touch with us by calling 318-716-HELP or visiting our website and filling out our online contact form.

FREE CONSULTATION

Free Consultation With A Personal Injury Lawyer: What To Expect

When you receive injuries in an accident, you are able to make a personal injury claim against the responsible party. This claim can help you recover damages related to any costs or losses that resulted from your injury. To file a claim and receive compensation, you need an experienced personal injury lawyer on your side. When searching for a personal injury attorney, you’ll often hear the words “free consultation.” This may sound too good to be true, but believe it or not, it’s a common thing among Louisiana personal injury lawyers

At Gordon & Gordon Law Firm, we offer these initial free consultations. If you want to discuss your case with our lawyers for free, we have you covered! Contact us today to see what we can do for you and your personal injury case.

Can I talk to an attorney for free?

You’ve probably noticed many law firms advertising free consultations for clients. This is not an obligation for all attorneys, but many choose to offer this perk to attract clients. It is a way for clients to meet the attorney who could potentially be handling their case. 

It’s important to remember that a free consultation does not mean free legal advice or representation. The representation is only valid after both the lawyer and client have signed a contract declaring so.

The conversation during an initial consultation often involves the client detailing the facts of the case. The attorney will then interpret those details and break down the legal implications of their situation. With all the details provided, the lawyer will gain a clearer understanding of the case and what they can do for their client. They will likely give a summary of the legal process that might incur and what the client should expect the outcome to be. 

The information provided during a free consultation does not constitute valid legal advice. They may provide general legal information, but it is not the same as official legal advice. Official legal advice analyzes the law around a specific situation and bases recommendations off of that.

What questions should you ask a personal injury lawyer?

A free consultation is the perfect time for potential clients to ask an attorney questions to determine if they are the right person for the job. If you’re considering seeking a consultation, you may want to have some questions prepared beforehand. The following are helpful questions to ask a lawyer to see if they’re a good fit for your case:

  • How long have you practiced law?
  • How long have you focused on personal injury cases in particular?
  • What cases have you handled that are similar to my own? How successful were they?
  • Who in your firm will be handling my case? How much time will you spend on it personally?
  • Will you try to settle or will my case go to trial?
  • Do you think we can win this case?

These questions are a general outline for any consultation. If you have questions specific to your case, you should ask those as well. The answers to these questions will help you determine your comfortability with this person and if you trust them to represent you.

What makes a good personal injury attorney?

There are certain qualities that you should look for when seeking a personal injury attorney. One of the most important qualities you can find in a lawyer is that they’re committed to helping you, not just taking your money. Though law is their business, a good attorney doesn’t look at it as that only. They see it as a way to help people out of their complicated situations. If you find a lawyer who is genuine in their interest in helping you, you know they have your best interests at heart.

A good lawyer is also one that has plenty of experience within the courtroom. It is often the lawyers who have the ability to be successful in presenting your case to a jury that don’t even need a jury verdict in the long run. Those are the ones who are in the best position to settle your case outside of the courtroom, should you choose. 

Another trait of a good personal injury attorney is that they make time for you. You never want to feel like just another case in the filing cabinet. You want to feel as though your case matters to this person, and it should. If your attorney can’t provide the time to educate you and keep you updated on your case, they aren’t a very good fit. 

You should always look for an attorney who is able to answer all your questions and concerns. The best personal injury lawyers are ones that are willing to sit down with you and inform you of the details of your case. They have the proper experience and are well-versed in cases like your own.

Finally, a good lawyer is one that can bring you results. Great results. When you work with Gordon & Gordon, you can ensure you’ll be getting the best settlement you deserve.

Is it worth getting a personal injury lawyer?

If you received injuries due to someone else’s negligence, it is worth getting a personal injury lawyer. With an injury comes medical bills and expenses, pain and suffering, and emotional and financial stress. Why should you be responsible for this due to someone else’s fault? You shouldn’t, and you don’t have to be. 

Getting a personal injury lawyer can ensure that the person responsible for your injury pays for these damages so you don’t have to. Damages refer to the costs and losses that you suffered as a result of your injury. These damages can be economic, noneconomic, and even punitive. Economic damages refer to measurable monetary losses. These include the following:

  • Medical expenses (both past and future)
  • Loss of earnings (both past and future)
  • Loss of employment or business opportunities
  • Cost of repair or replacement of damaged property
  • Loss of use of property
  • Economic value of domestic services

Noneconomic damages are more subjective and cannot measure as easily as economic damages. These include:

  • Pain and suffering
  • Loss of enjoyment of life
  • Emotional distress
  • Inconvenience 
  • Loss of consortium
  • Loss of companionship

Punitive damages are damages awarded that intend to punish the guilty party. They aren’t for the purpose to compensate for losses, but to deter malicious or reckless behavior.

Should you seek to recover any of these damages for your case, you need an experienced personal injury lawyer. 

Contact Personal Injury Attorneys Gordon & Gordon Today

If you have a personal injury case on your hands, consult with the professionals at Gordon & Gordon. Not only do we offer a free consultation, there is also no fee unless we win your personal injury case. To discuss your personal injury claim with us, call 318-716-HELP today. Our phone lines are open 24/7. You can also send us a message to begin the free consultation process by filling out this form.

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