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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 Louisiana’s one-year statute of limitations deadline. 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 a personal injury attorney to successfully negotiate 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 free, respectful and compassionate 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.

May 4, 2018 in Car Accident, Concerns, Personal Injury

Louisiana Laws: Statute of Limitations

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

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

Car Accident Statute of Limitations Exceptions

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

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

Wrongful Death Statute of Limitations

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

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

So, you filed your claim on time, but it was denied. What now? In Louisiana, you have 15 days to appeal the denial. But the appeal process is complicated and must be done correctly, or you may still miss your chance for monetary compensation.

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

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

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

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

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

April 23, 2018 in Car Accident, Concerns, Personal Injury

How to Choose the Right Louisiana Accident Attorney

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

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

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

Considerations for Choosing a Louisiana Accident Attorney

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

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

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

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

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

Gordon and Gordon: Louisiana Accident Attorneys

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

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

April 9, 2018 in Concerns, Personal Injury

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

“You Don’t Need A Lawyer” Trick

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

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

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

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

The Insurance Adjuster’s Real Job

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

You Don’t Need An Attorney Lie

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

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

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

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

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

March 26, 2018 in Car Accident, Personal Injury

Common Car Accident Injuries

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

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

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

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

When car collisions occur, the impact of an accident often causes serious injuries because of crushing metal, broken glass, and high-speed impact. When the unpredictable happens, even when you’re a conscientious and responsible driver, you will likely have severe injuries from a serious car crash.

TYPES OF CAR ACCIDENT INJURIES INCLUDE

Whiplash is a Common Car Injury

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

Pelvic and Abdominal Compression are Common Car Injuries

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

Chest Trauma is a Common Car Injury

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

Brain Damage is a Common Car Injury

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

Face and Neck Injury are Common Car Injuries

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

Leg, Knee and Foot Damage are Common Car Injuries

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

Arm, Hand and Shoulder Fractures are Common Car Injuries

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

Post-Accident Emotional Issues are Common Car Injuries

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

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

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

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

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

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

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

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

March 21, 2018 in Concerns, Personal Injury

Is My Case Big Enough For An Attorney To Handle?

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

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

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

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

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

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

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

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

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

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

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

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

Accident Injury Monetary Recovery Options

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

▪ Insurance claim
▪ Mass tort lawsuit
▪ Class action lawsuit

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

Free Consultation/No Up-Front Cost

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

Contact Us Immediately Before Time Runs Out

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

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

March 16, 2018 in Personal Injury

What is “Pain and Suffering?” in Louisiana

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

Pain and Suffering Legal Definition

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

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

Negotiating a Settlement in Shreveport, Bossier, or Mansfield

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

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

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

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

Documentation to Prove Pain and Suffering

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

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

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

Shreveport, Bossier, Mansfield Personal Injury Attorneys for Pain and Suffering

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

If you do not think you will be able to get the compensation you deserve working solely with your claims adjuster, consider hiring a personal injury lawyer. Injury attorneys are experienced with the abstract nature of pain and suffering claims and will use their experience to help you establish a claims amount. They can also help you gather evidence and present your personal injury claim in the way that is most likely to have a favorable outcome.

Contact your local injury attorneys Gordon & Gordon Law Firm today if you need assistance with filing your injury claim, and we will make a concerted effort to understand your situation & provide you with the best service possible.

March 5, 2018 in Car Accident, Personal Injury

Passenger Rights in Car Accidents

In addition to drivers, passengers who are involved in an auto accident case have their own individual rights; even so, in some cases, where the driver doesn’t have any rights at all.

Passenger Rights in a Wreck

The driver of a motor vehicle owes his or her passengers the duty to use reasonable care in the operation of the vehicle and is liable for the injured passenger damages. Dependent upon who is at fault in the crash, the driver of the car you were riding in may be limited to how much money they would potentially recover based on the amount of their own negligence.

Can Passengers Be Held Liable for Damages in a Wreck?

As a passenger, you cannot be considered liable and are entitled to recover the full amount of your damages in a personal injury lawsuit. You are able to sue the other driver, the driver of the car you were riding in, or in some cases, both. The right to sue both drivers could be very important if you have suffered major injuries that cause damages higher than the insurance policy of each driver individually. If the driver of the car you were in was 50% responsible for the accident, then their recovery may be cut in half, which could affect the settlement you are able to pursue.

The driver of an automobile has the obligation to drive carefully and safely to prevent hitting other vehicles, but they also have a responsibility to prevent injury to passengers which is known as the duty of due care. If a driver does not exercise due care for their passengers’ safety, which results in a passenger being injured or killed, then the passenger, or the passenger’s heirs in the case of a death, has the right to compensation from the driver for all of the damages resulting from any injuries or loss.

Important Passenger Information in Wrecks

In the event of an accident where you are a passenger, it’s very important to make sure the police get detailed information from both drivers involved. This is usually information such as name, address, phone number, insurance company info, license plate, etc. You should make sure that whoever is gathering information asks to see current registration for the other vehicle in the event that the driver is not the actual owner of the vehicle. The registered owner of a car could still be held liable under Louisiana’s permissive user law for letting someone else drive their car. The owner could also be held liable for your injuries if they allowed a known poor driver or someone that they knew was under the influence of alcohol or drugs to drive their vehicle at the time of the accident.

Contact Gordon and Gordon if You are a Passenger Who Has Been Injured in a Wreck

If you or a loved one were a passenger in a vehicle involved in a collision, then you should contact an experienced personal injury lawyer immediately. Do not speak with an insurance company investigator or adjuster before you have had the chance to retain a lawyer. A good lawyer will often advise you against giving a statement to the insurance company’s adjuster, as anything you say could be used negatively against you if your injury case were to go to trial.

Our experienced personal injury attorneys at Gordon & Gordon have been helping passengers of automotive accidents with their injury claims for over 20 years. If you or a loved one have been injured in an automobile accident, call our office at (318) 716-HELP today to schedule your free consultation.

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