HOUSTON, TX — Louisiana residents know all too well how powerful storms can damage property and change lives forever. But what happens when victims of a flood say that actions taken by the government caused flooding to damage or destroy their property?
In a previous article, we discussed the August 5, 2017 New Orleans flooding which may have been aggravated by actions taken or neglected by the previous mayor’s administration. Today, Houston-area victims of flooding related to Hurricane Harvey are preparing to put the United States government on trial over allegations that the U.S. Army Corps of Engineers caused their homes to flood.
These claims focus on the Addicks and Barker Reservoirs. The plaintiffs allege that the U.S. Army Corps of Engineers knew that the reservoir capacities would exceed federally owned land, impacting private property. Furthermore, they state that water intentionally released from the reservoirs’ dams caused homes downstream to flood. According to attorney Daniel Charest, victims are seeking “just compensation for the taking of their property.”
Attorneys with the U.S. Department of Justice respond that Harvey was a “historically large rainfall event” and state that flooding was inevitable. Officials state that they opened the dams because of concerns that the dams would fail.
The trial, with a focus on just thirteen properties, will serve as a test for whether or not the federal government can be held liable for damage to reservoir-flooded homes. Similar cases indicate that the government can be held liable, and, perhaps even more significant to us all, argue such damages caused by the government are a Constitutional matter addressed by the Takings Clause of the Fifth Amendment. The Takings Clause provides that Americans are protected from a government that seizes their property for public use without just compensation, and there is precedent for considering government-caused flooding a taking of property which merits just compensation.
In Arkansas Game and Fish Commission v. United States, 568 U.S. 23 (2012), the United States Supreme Court, citing Pumpelly v. Green Bay Co., 13 Wall. 166 (1872), held that “where real estate is actually invaded by superinduced additions of water, earth, sand, or other material . . . so as to effectually destroy or impair its usefulness, it is a taking, within the meaning of the Constitution.”
The government has argued that the Fifth Amendment only prevents permanent takings, and does not provide that citizens should be protected from or compensated for temporary takings, but in Arkansas and other cases, the law demonstrates clearly that this is a poor interpretation of the Constitution. However, past decisions of the Court can be seen as weakening the protection of the takings clause, such as the Court’s controversial decision in Kelo v New London, 545 U.S. 469 (2005) While Kelo involved the government transferring private property from the original owner to a private development company connected with New London’s government, and not the government temporarily taking property to hold flood water in attempts to manage the effects of a weather disaster, Kelo does demonstrate that courts can interpret the law to offer broader license to the government and less protection to American citizens.
The thirteen plaintiffs in Houston serve as a test not only of whether or not Harvey-affected families will be compensated for property damaged by floods connected to the U.S. Army Corps of Engineers, but as yet another measure of what the government may and may not do, without just compensation, to citizens and their property. We should all pay close attention.
NEW ORLEANS, LA — When the person who injured you was engaged in actions that society finds particularly egregious, a court may order that the liable party must pay you punitive damages in addition to traditional damages such as compensation for medical bills or pain and suffering. Punitive damages have a well-established history in British common law, and therefore are common in many American states.
However, Louisiana law is largely built on French jurisprudence, with origins in Roman law, and does not generally recognize punishment or revenge as appropriate in civil cases. At the same time, due to the growing Anglo-American influence with its heritage of British common law, punitive damages began to be discussed in 19th Century Louisiana. Lively debate ensued both in court and out, with Justice C.J. Slidell referring to the esteemed French jurisconsult Charles Toullier’s writing, “Si la faute qui pauvait causer du dommage n’en a point causé, la loi n’inflige aucune peine, à moins qu’une défense de commettre l’action n’eût été portée sous une peine déterminée; car alors a peine dérive d’une desobéissance, d’une contravention à la loi.” Considering Louisiana’s Civil Code in an 1855 case, Slidell opined that the discretion allowed to a court or jury to rule on certain elements of damages “by no means involves the idea that in the assessment of damages, the court or jury can travel beyond the enquiry how far the sufferer himself is affected, or exaggerate the amount for the purpose of vindicating offended public justice, or punishing the offender as an example to others.” Black v. Carrollton R. Co., 10 La. Ann. 33, 45 (1855).
Today, as a result of this tension between the Anglo and Franco-Roman traditions, Louisiana law does allow punitive damages, but only in circumstances specifically described by statute. Of these, there are very few, but the circumstance most relevant to the average plaintiff is the statute allowing for punitive damages to be assessed in a civil proceeding against a motorist who was operating his vehicle under the influence of alcohol or drugs when an accident occurred. Article 2315.4 of the Louisiana Civil Code states“In addition to general and special damages, exemplary damages may be awarded upon proof that the injuries on which the action is based were caused by a wanton or reckless disregard for the rights and safety of others by a defendant whose intoxication while operating a motor vehicle was a cause in fact of the resulting injuries.”
To complicate matters, even if a Louisiana court has the ability to award punitive damages after your accident with an intoxicated driver, some insurance companies exclude punitive damages from certain policies. It is critically important that you engage the services of an experienced attorney if you or a loved one has been injured by a person under the influence of alcohol or drugs.
Further reading on punitive damages provides interesting information, spanning from the Code of Hammurabi to the Digest of 1808 and onward. To discuss punitive damages or any other aspect of your accident or case, call The de Boisblanc Law Firm today.
“In the real world, with all of its complications and imperfections, accident victims are often people who have already been hurt in some way”
NEW ORLEANS, LA — In the ideal personal injury claim, a victim is healthy before an accident, and only afterwards has clearly demonstrated accident-related injuries. But as we all know all too well, life is rarely ideal or clean-cut. In the real world, with all of its complications and imperfections, accident victims are often people who have already been hurt in some way. It’s important for the victim with pre-existing conditions to understand, first, how ordinary your circumstances actually are: you are not alone! The second thing you need to know, is what your rights are.
Take back injuries, for example. The spine and all of its connecting ligaments, nerves, and soft tissue is one of the easier regions of the body to injure during a motor vehicle accident. Each year approximately three million people are injured in motor vehicle accidents. At the same time, millions of Americans endure acute, degenerative, and chronic back injury and pain. This substantially increases the chances that an individual who endured a back injury in a collision, also suffers from a pre-existing back condition.
Research suggests that a full one-third of Americans between the ages of 40-59 years old suffer from degenerative disc disease. Women are more likely to suffer from this condition, at a rate of 40-70% higher instance of pathology than men of the same age.
Furthermore, up to 80% of Americans suffer, or have suffered, from low back pain. Of this number, 20% will commonly develop chronic low back pain.
Victims who have a pre-existing condition may be reluctant to come forward after someone else’s negligence has caused them further injury, or made their pre-existing condition feel worse. Big Insurance will discourage these fragile victims from pursuing their claims. However, victims need to know that the law is on their side. A victim’s pre-existing condition is NOT a defense for injuring him or her. In fact, the Eggshell Plaintiff Doctrine instructs us that we must “take a plaintiff as he comes,” meaning that a negligent person is responsible not only for any new injury they cause, but also for any aggravation to a pre-existing condition. This holds true even if you are severely injured from accident forces which wouldn’t cause as much harm to a healthy person. The law, in the interest of public policy, recognizes that certain individuals are more fragile, more easily injured, and that these people deserve just as much protection from negligent actions as healthy people. You are not to blame for your pre-existing condition!
If you have a pre-existing condition and you’ve recently been a victim of someone else’s negligence, it’s important to be up front with an experienced personal injury attorney regarding your medical history, so that this information can be properly presented to the negligent party and their insurance company. Your medical providers can then determine exactly how much your condition has worsened due to your accident. This will allow you to hold the negligent person responsible, so that you can recover for your medical costs, pain and suffering, and any other damages you may have suffered. At The de Boisblanc Law Firm, you can have a free consultation to discuss your accident as well as any pre-existing conditions you may have, jump starting your road to recovery.
NEW ORLEANS, LA — Carnival season is in full swing, and the good times will be rolling all the way through Mardi Gras Day, which is March 5 this year. For the most part, locals and visitors alike will experience one of the best celebrations the nation has to offer, but with thick crowds, throws of all shapes and sizes tossed from moving floats, and an abundance of festive beverages flowing, there is a great potential for accidental injury. Yet even if you are injured by another person during Mardi Gras, you may not be able to recover any damages, depending on the circumstances of your injury. This is because of Louisiana Revised Statute 9:2796 , a uniquely Louisiana law which states in part that “no person shall have a cause of action against any krewe or organization, any group traditionally referred to as Courir de Mardi Gras, or any member thereof, which presents Mardi Gras parades” and advises that anyone attending Mardi Gras parades “assumes the risk of being struck by any missile whatsoever which has been traditionally thrown, tossed, or hurled by members of the krewe or organization in such parades.” Colorfully, these items include but are not limited to beads, cups, coconuts, and doubloons. Yet this law hasn’t gone without challenge.
One challenge to this law was brought by Mrs. Daisy Palmer and her husband against New Orleans’ century old Zulu Social Aid and Pleasure Club, which traditionally parades on Mardi Gras Day. Mrs. Palmer represented that while attending the parade, she had been struck in the head by one of Zulu’s signature coconut throws. The only exception the law has provided to the immunity coverage extended to krewes is if there is gross negligence involved. In this case, the Civil District Court for the Parish of Orleans did not feel that Palmer’s case was likely to prove an exception to the immunity law, and therefore ruled in favor of the Zulu Club. The Palmers appealed, and the Fourth Circuit Court of Appeals affirmed the lower court’s ruling.
In Duplantier v. Krewe of Pygmalion, et al, the court found that the immunity statute didn’t apply to all of the defendants, highlighting another important characteristic of the Mardi Gras Immunity Statute. Mr. and Mrs. Duplantier were injured when the float they were riding on collided with a tree limb. This was determined to possibly be due in part to the actions of the driver of the tractor towing the float. The court found that contracted employees of a krewe, who are compensated to provide services such as towing floats to the parading krewe, are not covered by the Mardi Gras Immunity Statute, and can therefore be found liable if their actions cause injuries to others.
Not only are Mardi Gras krewes extended special immunity in Louisiana, the state also provides that Mardi Gras Day can be considered a legal holiday. Louisiana Revised Statute 1:55 provides that “In the parishes of Orleans, St. Bernard, Jefferson, Plaquemines, St. Charles, St. James, St. John the Baptist, East Baton Rouge, Lafayette, St. Tammany, Iberia, St. Martin, Ascension, Washington, Calcasieu, Jefferson Davis, St. Landry, Evangeline, Cameron, Assumption, St. Mary, Acadia, Vermilion, Iberville, Pointe Coupee, West Baton Rouge, Lafourche, East Feliciana, and West Feliciana, and in all municipalities, Mardi Gras shall be a holiday when the governing authorities so declare by ordinance.”
So whether you’re planning to watch the parades from a friend’s balcony, in the grandstands, or on the street in your favorite spot, or if you’re visiting us from places where the day before Ash Wednesday is “just another day,” we hope you lassaiz le bon temps rouler and above all, stay aware and celebrate safely! Wishing you a fun-filled Mardi Gras from The de Boisblanc Law Firm!
NEW ORLEANS, LA — In a previous entry to this blog, we discussed the dangers of legal funding loans. The chief concern is that by the time your case is settled, the amount such third party lenders will say you owe is significantly greater than the principal plus lawful interest you’d have been charged with an ordinary loan. Yet even with this serious downside, legal funding, or lawsuit loans, are growing in popularity in the United States, leading some opponents to challenge the growing industry in ways that can affect your lawsuit.
The most prominent of these is the U.S. Chamber Institute for Legal Reform, an affiliate of the U.S. Chamber of Commerce, which suggests not only that the legal funding industry is investing close to $1 billion annually, but that greater transparency is needed. To achieve this goal, they seek to add a provision to Federal Rule of Civil Procedure 26(a)(1)(A) which would require the disclosure of any compensation agreements that are “contingent on, and sourced from, any proceeds of the civil action, by settlement, judgment, or otherwise.”
The concern is not only that these companies disproportionately target lower income people who cannot afford the financial hardships that follow a serious accident, by charging them large and excessive fees for small sums of badly needed money. Opponents of lawsuit loans also raise concerns that this funding has the potential to create conflicts of interest, or even facilitate fraud. Courts must now consider whether or not to compel plaintiffs to disclose if they have taken legal funding, and from whom, and even require them to produce the contracts they signed to receive such funding. The Northern District of California has gone so far as to order the disclosure of people or entities who “fund[ ] the prosecution of any claim or counterclaim” in a proposed class, collective, or representative action. And the International Bar Association’s (IBA) 2014 Guidelines on Conflicts of Interest in International Arbitration require disclosure of any party with a “direct economic interest” in a potential award.
If defense attorneys discover the identity of your legal funder, they will investigate any possible connections between the funding company and other parties involved in your case. Furthermore, gaining access through discovery requests to the contract you signed with the lender, or the application you filled out wherein you described your case, might cause additional complexities for your lawsuit. Where legal funding is tied to medical funding, not only is the client required to pay interest and fees on money used to pay for his health care, unscrupulous medical providers may engage in corrupt business practices to inflate the cost of your medical care. The insurance company will unknowingly pay more for a medical procedure than it is worth. The inflated cost, if uncontested by your attorney, will then be deducted from your recovery, and you will pay interest, fees, and charges on money used to pay that inflated cost.
On the other hand, the legal funding industry has countered that their services “level the playing field,” allowing small business and individual claimants to pursue litigation against “big business.” They argue that legal funding also helps plaintiff attorneys who work on contingency, as plaintiff attorneys must fund medical treatment and legal costs for their clients, which they will be compensated for when and if a settlement is reached. Less established attorneys may not have sufficient capital to fund many cases at once, nor do they have the sort of physical collateral to build a relationship with a bank which would allow them to handle client costs with only the lawful and minimal interest attached to the loan.
Despite the arguments on both sides, lawsuit loans are legal in Louisiana and likely here to stay, at least for now. As a plaintiff, you must decide if your needs are great and urgent enough to be worth the high fees and charges you will have to pay should you choose to make a loan against your case. If the U.S. Chamber Institute for Legal Reform and its allies have their way, choosing to contract with litigation funders will add further complexities to your case.
If you’ve been in an accident, the smart choice is to contact an established attorney who can pursue your claims without weighing your case down with unnecessary fees and costs. The de Boisblanc Law Firm, serving the Southern Louisiana region for over fifty years, has the experience you need to secure justice for your injuries while minimizing your costs.
NEW ORLEANS, LA — If you’ve been involved in a lawsuit, it’s likely that your opponent requested or obtained your cellular phone data. Plaintiff and defense attorneys both seek cellular phone data during the discovery period of your case, especially following a car accident. The most basic reason to access a driver’s cellular records is to help determine if he or she was distracted at the time of the accident, perhaps illegally texting and driving. This can help a fair and just resolution of a motor vehicle claim.
However, modern cellular phones are more accurately considered personal computers. If a law firm obtains full or even partial access to your cellular phone, they won’t just be able to determine if you were texting while driving. They could also potentially obtain such personal information as what medications you take, what internet sites you visit including dating sites, or your political or religious affiliations. The potential for an inappropriate and unnecessary invasion of a client’s privacy is such a serious concern that courts must consider the benefits of granting an adversary access to a citizen’s cellular phone, even in criminal cases.
The decision of one criminal case heard before the United States Supreme Court, Riley v. California has had strong implications for civil discovery. In Riley, the Court considered whether or not police could perform a warrantless search of a cell phone found in the pocket of an arrested person. Chief Justice Roberts, delivering the opinion for the Court, noted that “The storage capacity of cell phones has several interrelated consequences for privacy. First, a cell phone collects in one place many distinct types of information—an address, a note, a prescription, a bank statement, a video— that reveal much more in combination than any isolated record. Second, a cell phone’s capacity allows even just one type of information to convey far more than previously possible. The sum of an individual’s private life can be reconstructed through a thousand photographs labeled with dates, locations, and descriptions; the same cannot be said of a photograph or two of loved ones tucked into a wallet.” The Supreme Court decided that the potential violation of privacy as well as the broad scope of information contained within a cell phone’s “immense storage capacity” took precedence over all other concerns.
Almost immediately after this decision in a criminal matter, Riley was cited in opposition to civil discovery requests. A federal district court in Connecticut denied plaintiff’s request for data from defendants’ cellular phones in Bakhit v. Safety Marking, Inc, et al, stating in part that “The implication of the individual defendants’ privacy interests in the data stored on their cell phones also persuades the Court to deny plaintiffs’ motion. This conclusion is further reinforced by the recent Supreme Court ruling in Riley v. California, Nos. 13-132 and 13-212, 573 U.S. __ (June25, 2014), which recognized, albeit in the criminal context, the privacy concerns implicated by the modern cell phone.”
As technology continues to advance, lawmakers must endeavor to keep pace with new developments and consider the ethical obligations that new technology—whether it be cellular phone storage or genome sequencing—impose upon our society. In 1816, Thomas Jefferson warned that “Laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths disclosed, and manners and opinions change with the change of circumstances, institutions must advance also, and keep pace with the times.”
If you’re involved in a motor vehicle accident or otherwise considering or involved in civil litigation, it’s critical that you select a law firm that takes the advance of technology and the legal challenges it prevents as seriously as it takes the defense of your rights. The experienced attorneys at The de Boisblanc Law Firm understand today’s technological advances, and know how to use technology to your advantage without allowing your adversary to infringe on your privacy and rights.
NEW ORLEANS, LA — Tis the season in New Orleans! In a city known worldwide for its dedication to the Good Times, residents and visitors alike will be making extra merry for the one hundred and three days between Thanksgiving and Mardi Gras. Whether it’s a private party at a friend’s home, a dinner celebration on the town, a day at the racetrack, or one of the many Carnival parties, balls, and parades, New Orleans offers ample opportunity for conviviality during the holiday season. Unfortunately, all of the merriment increases the risk that you, or someone you love, could be involved in an alcohol-related motor vehicle accident.
Drunk driving claims more than 10,000 American lives per year. In 2016, an average of 29 people died per day, or one person every 50 minutes. In 2014, 300 hundred Louisiana residents were killed in motor vehicle accidents involving drunk drivers.
A large number of these preventable fatalities occur during the holiday season. Tragically, 781 Americans lost their lives due to drunk drivers in the month of December, 2016, and an average of 300 people per year lose their lives due to drunk driving during the week between Christmas and New Year’s Day.
While nationally New Year’s Eve is one of the most dangerous single holidays when it comes to drunk driving injuries and fatalities, in Louisiana, Mardi Gras can often be worse. In 2009, alcohol played a part in 48% of motor vehicle collision fatalities; during Mardi Gras, that percentage spiked to almost 70%.
There are many actions savvy celebrants can take to reduce alcohol related fatalities and injuries during the holiday season. Hosts and hostesses can play a part in increasing the safety of their guests by simply serving non-alcoholic beverages alongside wine and spirits. Hiring or recruiting a volunteer bartender allows alcohol consumption to be monitored, giving a hostess the opportunity to determine if a friend has had one too many. Often times, simply asking a guest if he or she has a safe and sober ride home encourages responsible drinking behavior, and it may save that friend’s life.
Party-goers should plan their transportation in advance. Although the designated driver, who volunteers to abstain from alcohol for the evening, is always a wise choice, there are other options for the crew who wants to roister together. The prevalence of ride-sharing services like Uber or Lyft might be responsible for a reduction in drunk driving. Ride-sharing and traditional taxi cabs allow revelers to enjoy their evening without worrying about designating a sober friend. Leaving your car at home before the night gets started all but ensures that a poor transportation choice won’t be made later on, when inhibitions are lowered and courage is up due to alcohol consumption.
Unfortunately, even the most responsible person can become the victim of a drunk driver. In that case, it is always advisable to retain an attorney to help recover compensation for damages caused under these tragic circumstances. The experienced attorneys at The de Boisblanc Law Firm offer free consultations to victims of careless drivers, and are committed to helping victims seek the justice they deserve.
May your holiday season be dazzling, merry, and most of all, safe!
NEW ORLEANS, LA — Being involved in a car accident is traumatic enough; but what happens when the at-fault driver lacks insurance to cover the costs of the damage he caused? The motorist who is the victim of a collision with an uninsured driver might find himself unable to pay necessary medical expenses, or lacking money to pay his bills should his injuries cause him to miss time from work. Recent studies indicate that uninsured drivers cost motorists and insurance companies a whopping $2.6 billion dollars in the year 2016 alone.
It’s important that motorists understand the risks of being involved in a collision with an uninsured motorist – and understand what they can do to protect themselves.
While carrying automobile insurance is the law in every state, except for New Hampshire, approximately 13% of Louisiana drivers operate uninsured on our roads, roughly on par with the national average. This means that more than one of every ten vehicles we pass on our daily commutes are uninsured for any damages they might cause in a collision. Car accidents cost an approximate $260 billion per year, from small fender benders and soft tissue injuries, to major collisions with life-altering consequences for the victim and his family. It’s important that motorists protect themselves and their families from this threat.
One way to minimize the consequences of being struck by an uninsured motorist is to purchase uninsured/underinsured motorist coverage. In many states, especially those with a higher-than-average percentage of uninsured motorists, this form of insurance coverage is mandatory, but in Louisiana a motorist can choose either to purchase uninsured/underinsured motorist coverage, or to decline this additional protection. This protection may be exclusive to medical payments, economic loss coverage, or it may provide full protection that will take into account the pain and suffering you may endure in a collision as well as providing much needed funds for medical bills and economic loss.
As the name suggests, uninsured/underinsured motorist coverage doesn’t just come into effect if you’re struck by an uninsured driver. Louisiana law provides that motorists must carry minimum coverage of $15,000.00 per person, $30,000.00 per accident, and many motorists purchase only this minimum, which can quickly be exhausted by medical bills. Uninsured/underinsured motorist coverage protects you in the event that your damages exceed the amount of coverage held by the person who hit you.
It’s important to protect ourselves against risk, and our mandatory liability insurance protects us against being held financially responsible for the damage we cause another person in a collision. But uninsured/underinsured motorist coverage is essential for the driver who wants to protect himself against the damage caused to him by a motorist who violates the law and doesn’t purchase any insurance, or in instances where the insurance coverage on a vehicle that hits you isn’t enough to cover your damages. Another important part of protecting yourself and your rights, if you’re in a car crash, is to consult with an attorney who understands how to recover as much as possible for the damages you’ve suffered. If you’re in a car crash, the experienced attorneys at The de Boisblanc Law Firm are ready to schedule you for a free, no-obligation consultation today.
NEW ORLEANS, LA — Chances are, the car you drive has a black box, also known as an Event Data Recorder, and it’s there to monitor almost all you do behind the wheel. If you’re in a crash, that EDR is able to supply such information as your speed, break use, engine throttle at the time of impact, and data from a dozen other mechanical categories, including whether or not you were wearing your seatbelt at the time of a collision. When a motorist is driving, the EDR continuously records data, but only in the event of a collision is that data stored, so that it can be retrieved by accident reconstruction experts, insurance companies, and even courts.
An Event Data Recorder has many useful functions. In some car accidents, it can be difficult to determine fault. When the EDRs of vehicles involved in a collision are analyzed, accident investigators or reconstruction experts can often determine which party was at fault, helping the victims of careless drivers find justice and compensation for their injuries. Event data recorders also help fight insurance fraud, which helps insurance companies save money and charge lower rates to customers. An EDR can help an insurance company determine the severity of a crash, so that it can analyze a claimant’s injuries and better ensure that the injuries make sense in the context of the crash. Some EDRs also record whether or not a seat was occupied at the time of collision. And finally, an EDR helps fight back against staged accidents.
The EDR can even help save lives. When accident investigators explore the data saved in the EDR of a vehicle involved in a catastrophic collision, they aren’t just able to analyze dangerous driving practices, they can determine if the vehicle encountered any mechanical failure, such as a failed airbag deployment or a faulty breaking system, which led to injury or loss of life. If the failure is the result of some deficiency in manufacturing, an automaker can enact a recall to solve the problem, perhaps saving many lives.
However, in spite of all of the benefits of the EDR, some believe that Event Data Recorders invade our privacy. In today’s world, it’s concerning that a computerized device in our vehicles might be used to determine where we go and when, potentially revealing other personal details about our lives. Americans are concerned over who can have access to the data stored in their EDR. Might an employer, or some other third party, be able to access that information? The Driver Privacy Act of 2015 aims to address these concerns. Unless authorized by a court, necessary to provide post accident medical treatment, used to carry out investigations that are authorized by Federal Law, or anonymously used for purposes of traffic safety research, the owner of a vehicle owns his EDR data, and a third party must obtain his consent before accessing his driving data.
Technology such as the Event Data Recorder will continue to evolve and enhance, as will questions and concerns about the potential uses of such data. It’s important for motorists today to realize that their vehicle is most likely equipped with an EDR, and that the EDR will help them understand just how a crash happened, should they be involved in a motor vehicle collision. If you’re involved in any motor vehicle accident, it’s important to consult an experienced attorney like the attorneys at the de Boisblanc Law Firm, who can help you protect your rights, and seek compensation if another party’s negligence has injured you.
You’ve been injured in a car accident, and you’re ready to have an initial consultation with an attorney. You want to come prepared to this crucial appointment, but you’re not sure what to expect, or what information your attorney will need to get started.
Every personal injury case is different, but at your initial consultation you can expect to discuss the following three things: the accident itself, your health care needs, and your property damage.
At your initial consultation, your attorney will ask you important questions about the accident, and gather the contact information for any witnesses you may have. If you’ve taken pictures of the accident scene, you’ll be asked to text or email them to your lawyer’s office, so that the photographs can be used to help determine liability, or to help reconstruct the accident should your case go to trial. If you were wise and called the police, you’ll need to give your attorney the item number on the “auto accident information exchange” form, which will have been filled out by the responding officer, so that a full crash report can be obtained.
Securing proper health care is the next step at your initial consultation. An established law firm should be familiar with local health care providers, and will be knowledgeable about providers best suited to your particular injuries. According to Medscape rear-end collisions are most likely to cause injury to the neck, while front and side collisions commonly injure the spine or back. Neck and spine injuries often require expensive diagnostic imaging tests. The right attorney will be able to assist you with making arrangements for the funding for your treatment, without directing you to take high-fee “legal funding loans” that quickly deplete your future recovery. At your initial appointment with your attorney, you’ll need to sign a HIPPA release form authorizing your attorney to communicate with your doctors. Regular attendance at your medical appointments is essential to the success of your case, so at your first appointment with your attorney, be sure to mention any possible obstacles you may have to medical treatment, such as lack of transportation or regularly anticipated scheduling difficulties. This way, arrangements can be made–such as finding a provider with more convenient hours, or assisting you in obtaining a rental car–to make it easier for you to see your doctor.
Repairing your vehicle will also be discussed. Your attorney will contact the responsible driver’s insurance company to make arrangements to pay for the repair work, or to reimburse you for as much of your property damage expenses, should you have already had your vehicle repaired.
When you show up at your initial consultation, it’s important to have the following things:
- Your valid identification, along with your social security number
- A copy of the police incident report
- Any photographs you were able to take at the scene of the accident
- Any property damage repair bills you’ve had to date
- Discharge papers from the hospital emergency room
- All names and contact information of any witnesses to the accident
- Proof of automobile insurance, as without valid insurance, you will be unable to recover any damages, even if the other party was completely at fault
Being prepared for your initial consultation helps to get your case in motion. Recovering compensation for damages you received in a motor vehicle accident can be a lengthy and complicated process, but when you come prepared to your initial consultation, your attorney is able to go to work right away on your case. At The de Boisblanc Law Firm, our attorneys are well experienced and will assist you through every step of the process of getting you the recovery you deserve. And as always, your initial consultation is free of charge, and our attorneys only get paid when you do.