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July 2, 2019 in Personal Injury, Workers Compensation

Workers Comp Employer Obligations in Louisiana

The Louisiana Workforce Commission (LWC) Department of Labor enforces the Louisiana Workers’ Compensation Act (LWCA) requiring all employers who have one or more employees, and operate within Louisiana state boundaries, to protect their employees with workers’ compensation insurance coverage.

An employee is defined as any person hired to perform services or labor for pay, whether full- or part-time, although there are some exceptions.

What Defines a Workplace Injury in Lousiana?

The Louisiana Workers’ Compensation Act defines a workplace accident as an “unexpected or unforeseen, identifiable precipitous event happening suddenly or violently, with or without human fault and directly producing at the time objective findings of an injury, which is more than simply a gradual deterioration or progressive degeneration.”

Under LWCA, it is irrelevant whether the accident was the employee’s or the employer’s fault with certain restrictions involving intoxication, horseplay, willful intent, or aggression.

An employer’s workers’ compensation policy protects employees who are injured in accidents or conditions arising “out of or in the course of employment.”

Louisiana Compensation Laws for Workplace Injuries

The United States enacted workers’ compensation laws in 1910 with Louisiana following suit and created its own program in 1914.

The law guarantees that an injured employee will receive appropriate medical care and expenses, rehabilitation, vocational retraining if necessary, and are entitled to recover lost wages (2/3 of regular pay tax-free). If an employee dies on the job or because of job conditions, their qualifying loved one(s) are entitled to death benefits.

If an employer fails to provide workers’ compensation coverage to their employees, they may be fined and/or imprisoned for federal and Louisiana Department of Labor violations.

It is a serious offense, both civilly and criminally, for an employer not to have a workers’ compensation policy or to ask or encourage an employee to pay for their own coverage.

How Long Does an Employer Have to File a Workers Comp Claim?

If any employee suspects that their employer does not have workers’ compensation coverage or if the employer requires or encourages an employee to pay for or purchase a workers’ compensation insurance policy, this serious violation should be reported to the Office of Workers’ Compensation Administration (OWCA) Fraud & Compliance Department.

Gordon and Gordon Injury Attorneys

If you’ve been injured and you don’t feel as if your employer (or former employer) isn’t doing everything they can to get you up and going again, or if you feel like you’re getting the short end of the stick with respect to worker’s compensation, give Shreveport workers’ compensation lawyers Gordon and Gordon a call. We know the law surrounding a Louisiana personal injury case and know how to get you the compensation you deserve.

For more information about employer workers’ compensation employee insurance coverage requirements, or if you have sustained an injury or illness because of your work conditions, call 318.716.HELP to schedule your free, no-obligation meeting with our Gordon and Gordon attorney team in our conveniently located Shreveport office. Or send us a confidential note on our contact form, and we’ll respond promptly.

June 19, 2019 in Personal Injury, Workers Compensation

Duty of Care and Personal Injury

When a person reasonably expects they are safe but becomes injured because of recklessness or negligence of another, the victim is lawfully permitted to pursue monetary compensation against that person or entity. To do this, the victim must prove negligence in a personal injury case. Further, to prove negligence, they must prove that the negligent person breached a certain duty of care.

What is Duty of Care?

Louisiana laws protect people injured because of another’s irresponsible conduct under a provision called “duty of care.”

From hazardous properties, car accidents, medical malpractice, and defective or dangerous products, a breach (or violation) of duty of care mean the person or entity (defendant) responsible for an accident or illness should or could have foreseen the risk to the person harmed (plaintiff). Simply, to determine fault, it must be proven that the defendant could have prevented harm if they had conducted themselves responsibly in regard to reasonable safety measures.

If a lawsuit is pursued, the court will determine whether the defendant acted with a standard defined by the law as the “reasonable care” that an “ordinary person” would have demonstrated in the same scenario.

Breach of Duty for Personal Injury Claims

To succeed in winning monetary benefits for an accident or injury caused by another, the plaintiff is required to prove that the defendant breached a duty of reasonable care that caused an injury or illness which led to the victim’s damages—physically, emotionally and financially.

Duty of Care Law in Louisiana

To prove the defendant was negligent and, therefore, caused your injury or illness, a plaintiff must prove the following four factors:

Duty That the defendant owed a duty of safety in the injuring situation.
Breach That the defendant breached that lawful duty by acting or failing to act in a certain way.
Causation The defendant’s actions, or inaction, caused a victim’s injury or illness.
Damages The plaintiff was injured or made ill because of the defendant’s actions or inaction.

Injured Due to Breach of Duty of Care?

With over 30 years’ combined experience representing Northwest Louisiana victims injured because of an individual, corporation or government agency’s carelessness, recklessness or criminal conduct, we have the skills and resources to negotiate and fight for your fair compensation. Gordon & Gordon’s personal injury attorneys have documented success winning multi-millions for our clients.

In Louisiana, the deadline for filing a personal injury claim is one year from the date of injury. In some rare cases, there are exemptions to this deadline. However, the longer you wait, the less likely it will be that you’ll collect the damages you deserve.

To learn more about the compensation you may deserve, call 318-716-HELP (318-716-4357) for a free, no-obligation meeting in one of our Shreveport, Mansfield or Bossier City offices with Northwest Louisiana’s premier personal injury attorneys, Gordon & Gordon Law. Or if it’s more comfortable for you, send us a message on our site and someone from our office will be in touch with you promptly.

June 3, 2019 in Personal Injury

What is a Loss of Consortium Claim?

What is Loss of Consortium?

When a married person has been seriously injured or killed because of recklessness or negligence of another person or entity (the defendant), and it causes their spouse to be deprived of certain marital benefits, the legal term is “loss of consortium.”

Loss of consortium after a wrongful injury may include loss of the spouse’s love, companionship, emotional and moral support, comfort, care, protection, affection, the share of household and child-rearing responsibilities, and sexual intimacy or the ability to reproduce (if applicable). It is one of the many kinds of personal injury or wrongful death damages awarded to the victim or their loved ones.

Loss of Consortium Settlements

However, for a loss of consortium claim to be seriously considered in a civil court proceeding, the injured spouse must have suffered a devastating, long-lasting injury such as paralysis, incontinence, loss of sexual function, inability to walk or significant cognitive impairment.

In the average wrongful death settlement or personal injury case, a loss of consortium claim allows the non-injured spouse (plaintiff) to recover non-economic damages which are referred to as “subjective compensation” for the deprivation of marital benefits they previously enjoyed. Subjective compensation may also include mental anguish, inconvenience, emotional distress, ruined social life, and injury to reputation and humiliation.

How to Calculate Loss of Consortium Damages

For a civil court jury to determine the losses a spouse has actually incurred, they must consider the following factors and traits of the physically injured spouse before an accident:

Disposition and temperament
Social life and activities
Household services rendered
Child-rearing responsibilities
Acts of affection, love and sexual intercourse

However, a monetary judgment will not include financial losses such as wages the injured or deceased person may have contributed, medical expenses, personal services such as home nursing care, domestic household assistance and so on.

Louisiana Loss of Consortium Claim

In Louisiana, there are four elements a spouse needs to prove in a loss of consortium lawsuit:

The spouse was injured by another person or entity negligent, reckless or intentional misconduct.
The injured person was lawfully married to the plaintiff at the time of the injury.
The plaintiff suffered the loss of their spouse’s consortium.
The loss of consortium was because of the defendant’s wrongful act.

Loss of Consortium Claim Calculator

Because the loss of consortium damages are considered subjective in value, meeting such a claim’s legal requirements is extremely challenging.

To build a strong case for loss of consortium recovery requires the expertise of skilled, aggressive Shreveport personal injury attorneys.

Loss of Consortium Lawyer

For over 30 years, Gordon & Gordon Law Firm’s founding partners, Stephen Gordon and Daniel Gordon have been vigilant advocates for their clients, winning multi-million-dollar recoveries for those injured because of another’s misconduct.

What’s more, as your personal injury law firm, we’ll never charge you a cent up-front because we work on a contingency basis which means we only get paid when you get paid.

Contact Us Today So You Don’t Risk Losing Your Just Recovery—Statute of Limitations For Loss Of Consortium Claims Are Strict

To begin the fight for the loss of consortium compensation you deserve, call 318-716-HELP (318-716-4357) for a free, no-obligation meeting in one of our Shreveport, Mansfield or Bossier City offices with Northwest Louisiana’s premier personal injury attorneys, Gordon & Gordon Law. Or if it’s more comfortable for you, send us a message on our website and someone from our office will be in touch with you promptly.

April 17, 2019 in Personal Injury, Workers Compensation

Third Party Work Injury

Have you been injured due to work-related conditions and think your only option for monetary damages recovery is through workers’ compensation?

It’s not necessarily true.

Recovering Damages Over Workers’ Compensation in Louisiana

While you may assume that Louisiana workers’ compensation benefits are your only source of a financial recovery, it’s possible the responsibility for your injuries may be the fault of a third party. In that case, you may be entitled to compensation beyond the limitations of a workers’ compensation claim.

Work Injuries Caused by A Third Party Require A Competent Lawyer

Third-party liability (responsibility) occurs when a non-employer person or entity causes your work-related accident. For instance, third-party liability may include but is not limited to:

Manufacturers/designers of dangerous, defective equipment.
Contractors and subcontractors.
Service providers.
Non-employee vehicle drivers.
Owners of property visited while performing work tasks.

Because workers’ compensation recovery is limited, if an employee’s injuries are severe, they may not recover all their medical expenses and lost income. What’s more, workers’ compensation law does not provide recovery for non-economic damages. Non-economic, or “general,” damages include pain and suffering, diminished quality of life, mental anguish, loss of consortium (companionship) and in egregious incidents of reckless or negligent conduct, punitive damages. https://www.justia.com/injury/negligence-theory/third-party-liability/

Shreveport Personal Injury Attorneys At Gordon & Gordon for Work Injury Claims

The consequences of a work injury can significantly alter your life and should be taken seriously. The Shreveport Gordon & Gordon accident attorneys can intervene and help you achieve what you rightfully deserve when workers’ compensation isn’t enough to cover your financial needs. Our success proving third-party fault demonstrates we have the skills and experience to build a strong case beyond a workers’ compensation claim.

If you believe a third-party may be responsible for your injuries, it may be possible to win monetary recovery beyond workers’ compensation benefits in Shreveport, Mansfield, and Bossier City. With 30 years combined experience representing injured workers, we have the knowledge, resources and investigative skills necessary to accurately determine what caused your accident. Upon investigation, our lawyers will determine whether you have a viable claim against a third-party.

Third-Party Accident Investigation

At our Shreveport law firm, we have a track record of consistently obtaining major financial settlements for clients injured because of work-related third party causes. And we also are widely known and respected within the legal, insurance and civil court arena for our unique approach to optimal compensation pursuit for complex work-related accident claim

For those who are permanently disabled or face a long, costly recovery, such a third-party lawsuit may be critical to your overall well-being because it may yield far greater overall compensation than a limited workers’ compensation claim.

While we never offer false hope or unrealistic expectations about recovery outcome, when we evaluate your case and meet with you, we’ll tell you honestly whether we believe you have a winnable case. No matter what, we’ll listen attentively to what happened and seriously consider your concerns, doing all we can to help.

Gordon and Gordon Personal Injury Attorneys

And if we think we can win compensation for your injuries, you’ll never pay us a cent up-front. We’ll handle all the costs of preparing your case from hiring medical and private investigators and accident scene experts, to interviewing witnesses and handling depositions, managing arbitration and mediation, paying court filing costs, and, when applicable, covering all the costs of trial litigation. Only after we win your case, will we get paid from a pre-agreed percentage of your settlement.

To begin the fight for the injury compensation you deserve, call 318-716-HELP (318-716-4357) for a free, no-obligation meeting in one of our Shreveport, Mansfield or Bossier City offices with the Northwest Louisiana’s premier personal injury advocates, Gordon & Gordon Law. Or if it’s more comfortable for you, send us a message on our site and someone from our office will be in touch with you promptly.

April 8, 2019 in Personal Injury

Personal Injury Interrogatories

The legal term “interrogatories” simply means “questions.” Attorneys use the interrogatories because the structure of these questions when compiling discovery for personal injury litigation is very specific. An experienced personal injury attorney strategically forms these questions to obtain the facts necessary to build a strong case for their clients. An effective interrogatory must be drafted based on the premise that such questions and answers are necessary to build compelling discovery for competent litigation.

Ark-La-Tex Injury Answers

During the process of personal injury discovery, each side—the plaintiff and defendant—prepares written questions to solicit written answers about the accident or illness that occurred, allegedly caused by the defendant’s negligent or reckless misconduct.

For example, the structure of an interrogatory question should be posted as a statement to create space for an open-ended response rather than a barely useful yes or no. In the following hypothetical case, a person suffered injuries because of a slip-and-fall accident on a commercial property’s icy sidewalk. An interrogatory (question) should be drafted to glean as much information as possible to support an injury case.

To clarify, here’s how an interrogatory “question” is different from the structure of a general, non-legal question:

Non-Effective Plaintiff’s Interrogatory Question: Do you keep your sidewalks clear of ice and snow?

Effective Plaintiff’s Interrogatory “Question”: Describe in detail the number of maintenance staff who were available on the date of the incident who were immediately available to clear ice and snow from sidewalks.

The latter interrogatory strives to prove that the facility where the slip-and-fall accident took place did not have adequate outside maintenance employees to responsibly remove snow and ice thereby negligently causing the plaintiff’s injuries.

A skilled defense attorney, who seeks to deny responsibility for the slip-and-fall victim’s injuries, will respond with interrogatory structured questions to determine if the alleged victim had a pre-existing condition such as:

Non-Effective Defendant Interrogatory Response: Before you allegedly slipped on our sidewalk, had you previously injured your back?

Effective Interrogatory Defendant Response: “State in detail whether you visited or received medical treatment for back pain in the last four years.”

The defendant’s response strives to determine whether the accident injury was preceded by a pre-existing back condition. If a pre-existing condition can be proven, the property owner’s liability may be reduced or eliminated.

Federal and Louisiana Law Deadlines For Interrogatory Responses

Federal and Louisiana laws require a response from both sides of interrogatories within 30 days after being served. A shorter or longer time may be stipulated or ordered by a civil court judge.

Also, interrogatory federal and state rules require that the written questions and answers are made under oath to affirm their truthfulness and are signed in the presence of a notary public.

Louisiana Civil Court Law Article 1457

Louisiana civil court law Article 1457 limits the number to 35 of interrogatory documents each side can submit without a court’s permission to demand more.

Once the interrogatory process is complete and discovery compiled, a civil lawsuit can proceed to trial. Because interrogatories are critical to building a solid personal injury case, they must be prepared with exceedingly high attention to detail.

Gordon & Gordon Personal Injury Law Firm Can Help with Interrogatories

If you’ve been injured in an accident caused by the negligence or recklessness of another person or entity, the qualified, experienced attorneys at Gordon & Gordon Law can build an effective case on your behalf by writing decisively worded interrogatories.

With 30 years’ personal injury experience behind us and a reputation of multi-million-dollar settlements, founding partners Stephen Gordon and Daniel Gordon are prepared to act as your vigilant advocates to win fair monetary compensation for the harm you’ve endured.

What’s more, as your Northwest Louisiana personal injury law firm, we’ll never charge you a cent up-front because we work on a contingency basis which means we only get paid when you get paid.

Louisiana Personal Injury Statute of Limitations

As your personal injury law firm, we’ll discuss what happened, learn the details of your case, and provide you with superior service and skilled representation backed by our full commitment to win your case. And if you’re too injured to visit us, we’ll visit you in the hospital, at home, or a rehabilitation facility.

To begin the fight for the injury compensation you deserve, call 318-716-HELP (318-716-4357) for a free, no-obligation meeting in one of our Shreveport, Mansfield or Bossier City offices with Northwest Louisiana’s premier personal injury advocates, Gordon & Gordon Law. Or if it’s more comfortable for you, send us a message on our website and someone from our office will be in touch with you promptly.

April 3, 2019 in Personal Injury

Shreveport Personal Injury Damages

When you’ve been seriously injured because of someone’s negligent, reckless, or intentional misconduct, you may be legally entitled to recover your medical expenses, lost income, rehabilitation costs, pain and suffering and more.

According to personal injury laws, you can recover two separate types of damages when you’ve been injured.

Personal Injury Damages in Louisiana

Economic or “special” damages: Actual expenses, costs, and losses incurred such as medical, wage loss, rehabilitation, psychiatric care, vocational retraining, home or car modification because of disability and any other actual items involving money.

Non-economic or “general” damages: Pain and suffering cover consequences of an injury other than specific, tangible expenses as described above under “special” damages. In general, pain and suffering damages include loss of comfort, happiness, and opportunity and is described in greater detail below.

To begin the personal injury claims process from an insurance company and/or the person or entity that caused your injury, a demand letter must be drafted, compiled and presented to those responsible for the harm down to you.
http://www.legis.la.gov/legis/law

The Demand Letter for Personal Injury Cases in Louisiana

If you hope to collect the financial damages you believe you deserve, it’s important to follow a specific formula to calculate your losses in an effective personal injury demand letter. If you demand more than is considered reasonable neither an insurance company or judge will take you seriously. An over-demand of compensation will likely either be met with an outright denial or an unreasonably low counter offer.

To present a justifiable demand, specific amounts for economic (“special”) expenses should include:

Specific Amounts for MEDICAL Expenses in Personal Injury Cases

▪Ambulance transport
▪Emergency medical services
▪Emergency room visit
▪Hospitalization
▪Medical care and treatment
▪Transportation costs to and from doctor visits
▪Medical equipment
▪Prescriptions
▪Physician Fees
▪Rehabilitation costs
▪Psychiatrist or therapist fees

With each claim, copies of billing statements (specifically for the services provided for your injury) should be attached. If any of your medical care and treatment was covered by your own health insurance, but you paid deductibles and co-pays, those should be included and documented.

PROPERTY DAMAGE Expense in Personal Injury Cases

If because of your injury accident any property you owned was damaged, this is a compensable expense.

LOST PAY Expense in Personal Injury Cases

While receiving medical care and/or during rehabilitation, you may require time off work to treat and recover from your injury. When you can’t work, you lose income and are entitled to recover the lost amount(s). Lost pay means your regular hourly pay or salary and includes any estimated missed commissions, bonuses, vacation time if any and used sick days. It’s unusual for an employer to offer unlimited sick time, but if you are that lucky, you won’t be compensated for those days. Also, if your injury prevents you from returning to work or the same job, you may be compensated for a loss of future commensurate income.

VOCATIONAL TRAINING Expense in Personal Injury Cases

Should you not be able to return to the same career or employment because of your serious injuries, you are entitled to the cost of vocational training toward a new occupation.

PAIN AND SUFFERING for Personal Injury Cases

A figure for pain and suffering is more challenging to recover because it’s viewed by an insurance company and/or their insured as subjective. You may think your pain, discomfort, diminished quality of life, related family issues, psychological problems such as depression, anxiety, stress, inability to enjoy social experiences or loss of your partner is worth a certain total dollar amount. The intangible “general” dollar value of pain and suffering is different from the tangible, document-able “special” expenses described above. An inflated demand for pain and suffering may be rejected by an insurance company, and if your claim ends up in court, possibly denied by a judge.

Formula for Calculating Damages

To arrive at a figure that an insurance company would unquestionably agree with, no matter how realistic you think yours is, rarely occurs. It is an insurance adjuster’s job to deny your claim altogether or significantly reduce a payout to you.

For instance, to avoid paying you what you deserve, the insurance company and their insured may argue that you somehow shared responsibility for your accident, called “comparative negligence,” and reduce the amount they offer. Another tactic insurance companies use to deny your claim or reduce it is to drag things out as long as possible, hoping they’ll wear you down, and you’ll accept whatever they offer—or nothing.

Without an aggressive, skilled personal injury attorney to help handle these negotiations, they may even ignore you completely.

Gordon and Gordon: Personal Injury Attorneys for Damages Calculations

The highly skilled personal injury attorneys at Gordon & Gordon will not allow an insurance company to ignore or beat you down.

Throughout Louisiana, Arkansas, and Texas we’ve developed a sound reputation for hands-on, aggressive representation for our seriously injured clients. Always mindful of achieving the best result for you, we make a concerted effort to understand your unique situation, develop a viable strategy and aggressively pursue the monetary damages you deserve. Both Gordon & Gordon attorneys are Ark-La-Tex residents with a firm commitment of integrity to our community and service to those within it who’ve been seriously injured.

In fact, our reputation within the insurance industry and legal community is one of a relentless, effective pursuit of injured clients’ monetary recovery. Therefore, when founding partners Stephen Gordon and Daniel Gordon get involved with an injury case, insurance companies understand you’re serious about collecting damages, and then, they are more likely to cooperate to avoid expensive litigation.

THE SUPERIOR COURT LAWSUIT

But if not, and the insurance company refuses to settle for a fair amount and attempts to mediate or arbitrate fail, our dedicated, passionate attorneys are prepared to proceed with a Louisiana superior court lawsuit. When that happens, the insurance company and their insured will be in for an aggressive, expensive courtroom battle.

To commence a lawsuit requires timely legal document filing within Louisiana personal injury claim deadlines, complex motions and interrogatories, courtroom hearings and presentation to a judge, and when there’s no other option, a trial before a jury.

Personal Injury Statute of Limitations

After you were injured in a Louisiana car accident caused by a negligent or reckless driver, you only have one year to file a claim under Louisiana’s statute of limitations law.

As your personal injury law firm, we’ll discuss what happened, learn the details of your case, and provide you with superior service and skilled legal representation backed by our full commitment to win your case. And if you’re too injured to visit us, we’ll visit you in the hospital, at home, or a rehabilitation facility.

For expert, objective and respectful help recovering the fair, legal compensation you deserve, call 318-716-HELP (318-716-4357), Northwest Louisiana’s premier personal injury law firm, Gordon & Gordon Law to schedule a free, no-obligation personal consultation in one of our Shreveport, Mansfield or Bossier City offices. As your personal injury law firm, we’ll never charge you a cent up-front because we work on a contingency basis which means we only get paid when you get paid. Or if you feel more comfortable, send us a message on our website and someone from our office will be in touch with you promptly.

March 26, 2019 in Car Accident, Personal Injury

Shreveport Attorney Explains Important Differences Between Bodily Injury and Personal Injury

When injury types must be classified for the purpose of pursuing an insurance claim or filing a civil suit, it’s important to differentiate the differences between bodily injury and personal injury.

Civil Injury Claims and Lawsuits in Louisiana

Though they are often used interchangeably, when an injury victim wants to receive monetary compensation for their damages, the legal definitions and implications determine what’s required and how to proceed civilly. If you are considering pursuing a personal injury claim, understanding the differences could improve your chance of recovery.

The personal injury attorneys at Gordon & Gordon Law Firm explain the differences here.

What is Considered Bodily Injury in Louisiana

Under Louisiana law, the bodily injury means tangible injuries such as bleeding, bruises, lacerations, broken bones, paralysis, amputations and fatalities. In some cases, it may include emotional or psychiatric injury.

A bodily injury means physical damage to a person’s body but caused under different circumstances than when a personal injury occurs. In legal terms it is defined as a cut, abrasion, bruise, bruise burn or disfigurement; severe and disabling pain; illness; impairment of body function; or any injury to the body caused by someone else under certain circumstances or incidents. Under the United States criminal code, bodily injury describes injuries that result in specific physical damage or sexual abuse, all compensable in civil proceedings.

For instance, in vehicle accidents, bodily injury liability insurance companies pay compensation for the injuries of other drivers, passengers, or pedestrians in cases where the insured is to blame for an accident. When a civil lawsuit is pursued against an individual, these same definitions apply. In both an insurance claim and bodily injury civil lawsuit, you are entitled to monetary compensation for out-of-pocket expenses, lost wages, medical treatment, rehabilitation, and other medically related costs. In addition, you may receive compensation for future loss of income, disfigurement, amputation, permanent disability, and other impairments.

What is Considered Personal Injury in Louisiana

When a person has been injured because an individual or entity has acted in a negligent, reckless, careless or intentional manner, it is considered a personal injury. One difference between personal injury and bodily injury is that the harm doesn’t necessarily have to be a physical wound. Personal injury civil rules apply for the following types of incidents:
Accidents that may include vehicle collisions, property liability such as slip and fall incidents, medical malpractice and other similar incidents.
Defective products qualify as personal injury when a consumer product, equipment or drugs were irresponsibly marketed and/or inadequately tested and caused person harm even when there was no conscious intention to injure.

Defamation when damaging, untrue statements were made to harm a person’s reputation and/or livelihood.

“Intentional“ criminal acts when a person’s intentional conduct caused injuries to a victim such as assault and battery and other physical attacks including homicide.

When a victim’s case qualifies for personal injury litigation—tort action–, they are entitled to file a civil lawsuit for monetary compensation for their losses. The courts provide for an injured person under tort law to be “made whole” financially after they’ve suffered harm because of another’s negligent, reckless, careless or intentional actions.

Louisiana Statute of Limitations for Personal Injury

When an accident causes a fatality, a surviving loved one has the right to make a personal injury claim and sue for the losses created by the death.
The Statute of Limitations Are Strict—Missing A Deadline Can Permanently Bar You From Achieving Any Monetary Settlement

In Louisiana, you are required to file a personal injury or bodily injury claim within one year from the time you were harmed. If you fail to make a claim within this time limitation, you will very likely permanently lose the right to file a civil lawsuit.

No-Upfront Costs for Personal Injury Cases in Shreveport, Bossier and Mansfield

Gordon & Gordon Law Firm brings 30 years’ combined personal and bodily injury experience to the fight for your just compensation throughout Louisiana. As the founding partners, attorneys Daniel and Stephen Gordon and their legal team make a concerted effort to thoroughly understand your unique circumstances, always treating you with compassion and sensitivity during this challenging time in your life. As lifetime Louisiana residents, our firm takes great pride in treating our clients with the utmost respect as we provide highly skilled representation towards the most optimal outcome.

And because we know you have too many concerns already, you’ll never have to pay us a cent up-front. If we take on your case, we’ll cover all the costs of preparing your case. Only when you get paid, will we get paid a pre-agreed fee.

Contact Gordon & Gordon Law for Personal or Bodily Injury Claims

For help with the complexities of filing an injury claim, your odds of winning compensation are increased when you have a Louisiana personal injury attorney to guide you through the complex and confusing process, filings, proceedings, and deadlines. For a prompt, personal appointment, call us today at 318-716-HELP (318-716-4357) for your free, no-obligation consultation with our personal injury team.

Our offices are located in Shreveport, Bossier City or Mansfield. If you prefer to email us a confidential message, send it here on our contact form. But if you’re too injured to visit us, we’ll come to you whether you’re recovering at home or are in a hospital or rehabilitation facility.

March 18, 2019 in Personal Injury

Why A Personal Injury Attorney Won’t Take Your Case in Louisiana

No matter how valuable you believe your personal injury claim may be, an attorney has several reasons why they might refuse to take your case. But just because one attorney turns you down, doesn’t mean another attorney will.

Why A Louisiana Lawyer Won’t Take Your Case

While your case may not be considered valuable to one law firm, it may not be necessary for you to give up your search for representation.

If you’ve already been turned down by a law firm, hopefully, they explained why. In any case, it may help you to understand an attorney’s reasons for refusal because it’s important to be realistic when searching for a personal injury attorney. Viewing your case through a prospective attorney’s eyes may improve your chance for financial recovery when you’ve been physically or psychologically impaired because of another’s wrongful act.

Top 4 Reasons Why An Attorney Won’t Accept Your Case

#1 When an Attorney Views Your Case As Impossible to Win (or Unlikely)

When an attorney hears your story, they take into consideration many factors that you may not have thought about. For a personal injury claim to be valid in Louisiana, it must meet certain requirements as follows:

Percentage of Injury Responsibility You must have sustained a serious physical injury and/or financial loss caused by the negligence or recklessness of another. Under Louisiana personal injury laws, if you contributed 51 percent or more to the incident that caused your accident or illness, the other party cannot be held civilly responsible. An example of an injured person being predominantly responsible for their injuries might be that they were intoxicated when the accident occurred.

The significance of Financial Loss Incurred If there are no significant monetary damages associated with your case, an attorney won’t be interested in pursuing it. For instance, if you suffered an abrasion that required no medical treatment other than antibiotic cream and a band-aid, there is no compensable financial loss that would warrant a lawsuit no matter who or what caused the injury.

The Statute of Limitations Expired You can’t pursue a personal injury case if you missed the Louisiana statute of limitations deadline of one year. Though there might be some exceptions that allow for an extension beyond a deadline, such exceptions are extremely rare.

#2 When the Attorney Won’t Make Any Money

Most personal injury attorneys take cases on a contingency basis and cover all negotiation and litigation costs up-front which may include hiring high-priced investigators, accident re-constructionists, and medical experts. That means they don’t get paid in full (or at all) unless they win a settlement substantial enough to cover the attorney’s fees, costs, and expenses. So, understandably, they won’t be interested in your case.

#3 When A Conflict of Interest Is Inherent in Taking Your Case

The Louisiana State Bar Association’s ethics rules bar an attorney from handling a case when they have already agreed to represent another party associated with your claim. Or if an attorney has previously represented someone you want to sue, the same ethical issues of conflict of interest may apply. Because the Bar Association code of ethics’ violations could cause an attorney to lose their license to practice law or subject them to disciplinary sanctions, they will turn your case down.

#4 When the Cause of Your Injury is Not the Attorney’s Practice Area of Expertise

Many personal injury attorneys only represent injured people for certain causes of accidents or illnesses and have developed expertise in those areas. For instance, a personal injury attorney may only handle product liability cases but not vehicle accidents. If your case doesn’t fall under their practice area(s), they may refer you to an attorney who does.

Ask Gordon & Gordon About Your Personal Injury Case for Free

Although we can’t accept every personal injury case presented to our law firm, even if other attorneys have turned down your case, we may be able to help.

For a free, friendly assessment of the merits of your personal injury case, the tenacious, knowledgeable attorneys at our Shreveport, Bossier City, and Mansfield offices can determine if you have grounds for a substantial monetary action against the person or entities who were responsible for your injury. But the statute of limitations deadlines is strict. So, it’s important to act quickly. Call the Gordon & Gordon legal team at 318.716.HELP (318.716.4357), and we’ll listen to your story attentively and respectfully.

Or if you’d rather send us a confidential message, use our contact form here. And if you’re too injured or sick to visit one of our three offices, we may be able to meet you at your home, hospital, or treatment facility.

September 17, 2018 in Personal Injury

What Do Personal Injury Lawyers Do?

When you are seriously injured or a loved one was killed because of someone else’s negligence or criminal behavior, your life may have been turned upside down. What ‘was’ your life has drastically changed, and your ability to productively function, experience pleasure and have healthy, loving relationships are negatively altered. It’s not fair, and you may have a right to seek monetary compensation for some measure of justice.

Financial Settlement For Injuries in Louisiana

To restore your life, or in some cases just to go on, requires money. While this is obvious, how to be financially compensated for your injuries isn’t quite so clear. Acquiring a financial settlement for your injuries is a complicated, time-consuming process, and without the help of a skilled, highly experienced personal injury attorney, you may not be able to recover what is just.

To determine whether you have a personal injury lawsuit or claim, you must have suffered a physical or emotional injury that can be remedied by payment of money damages. While a physical injury can impact you financially, many times these events affect victims psychologically who then experience depression, anxiety, insomnia and a diminished capacity and ability to experience a positive quality of life.

What Does a Personal Injury Attorney Do?

Winning rightful compensation for your injuries so you can get on with your life requires many complex steps and a highly competent personal injury attorney. For an attorney to successfully negotiate the personal injury claims process with an insurance company or, if it becomes necessary, file a civil court lawsuit, they must prepare and proceed with several detailed, complex steps including:

Careful review of the details surrounding your injuries
Gathering witness statements either through already existing written reports or witness interviews arranged by the attorney
Obtaining any accident photographs
Hiring any necessary medical experts
Assembling and reviewing all official documents including:
- Police reports
- Medical records
- Medical bills
- Rehabilitation expenses
- Psychological reports
Accessing employment records showing wages lost because of your injuries
Obtaining income reduction documentation related to your injuries
Gathering evidence of any disability accommodations for your home and/or vehicle
Examining your diminished quality of life, including loss of familial companionship and support
Negotiating with an insurance company to settle without a civil court lawsuit
Filing a personal injury lawsuit when necessary
Preparing for a trial, mediation or arbitration
Maneuvering the trial process or managing mediation or arbitration

A personal injury attorney competent to handle your case will be able to perform all these steps whenever applicable to work toward a successful monetary settlement for your injuries.

Contact Gordon and Gordon, Louisiana’s Top Personal Injury Attorneys

The personal injury attorneys at Gordon & Gordon Law Firm care personally about the well-being of our clients and handle all our cases with care, attentiveness, and skill. For us, our greatest reward is when we help our injured clients restore or recreate their lives through adequate and appropriate monetary compensation.

With over 30 years’ combined experience representing Northwest Louisiana victims injured because of an individual’s, corporation or government agency’s carelessness, recklessness or criminal conduct, we have the skills and resources to negotiate and fight for your fair compensation. Gordon & Gordon’s personal injury attorneys have documented success winning multi-millions for our clients.

Because time restrictions limit the pursuit of personal injury compensation, time is critical. Don’t wait until it’s too late.

For your respectful, compassionate, and free legal consultation with our Northwest Louisiana personal injury team, call 318-716-HELP (318-716-4357) today to schedule a meeting. We have offices in Shreveport, Bossier City, and Mansfield. During our meeting, we’ll listen carefully to your story and advise you how you may be able to restore your life or obtain some measure of justice through monetary compensation from the person or entity that caused your injuries or the death of your loved one.

May 21, 2018 in Car Accident, Concerns, Motorcycle Accident, Personal Injury

Medical Records to Collect & Keep

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.

Keep a Journal for Personal Injury Claims

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 Evidence for Personal Injury Cases

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.

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 for Personal Injury Cases

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.

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