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 As long as we have highways and roads, we can be assured there will be accidents involving vehicles. Every 10 seconds, someone in the United States is involved or seriously injured in an automobile accident. About six million auto accidents occur each year resulting in forty thousand deaths. Alcohol is involved in forty percent of the deaths resulting from auto accidents, and speeding is involved in twenty-nine percent. These auto accidents often result when motor vehicle operators speed, make improper left turns, fail to stop at red lights or stop signs, drive on the wrong side of the street, drink and drive, or travel into the rear-end of another vehicle.
Statistically, Americans are more likely to suffer a personal injury in a car or truck crash than any other type of accident. Baton Rouge, Louisiana attorneys, Peyton Murphy and Scott Emonet, know that following an auto accident your life may change drastically, such as temporary or permanent inability to work, expensive medical bills, future medical treatment, physical pain and other damages. Hiring an experienced personal injury attorney is an important decision. The experienced personal injury attorneys at Murphy Law Firm and their staff successfully handle thousands of cases each year. At Murphy Law Firm we are particularly known for our expertise in handling all manner of personal injury cases.
General Instructions for Injury Clients:
The DO's and DONT'S After an Automobile Accident:
DO cooperate with the investigating officer, and write down his name and badge number.
DO inform the investigating officer if you believe the other driver may be under the influence of alcohol or drugs
DO get the license plate number of all other vehicles involved, their insurance carrier, the name of the driver, and their home addresses. It is okay to exchange basic information.
DO get the name, address, and phone numbers of any passengers or witnesses.
DO seek medical attention as soon as possible if needed.
DO tell the doctor about the impact to your vehicle and about everything hurting you. Medical records provide proof of injuries.
DO make notes on exactly what happened during the accident. This helps to preserve important details:
- Did any person report any personal injury shortly after the accident?
- Was medical assistance rendered at the scene of the accident?
- In what direction were the vehicles traveling just prior to the accident?
- At what time of day did the accident occur?
- What were the weather conditions at the time of the accident?
- Did anyone accept responsibility for the accident, or make a comment such as "It was my fault, I am sorry. I was speeding\ not paying attention\ not wearing my glasses\ distracted\ looked down for a second\ was trying to find my cell phone, ect.?
- Did the police issue anyone a ticket?
- Were any of the drivers working or driving a company vehicle?
- Receipts: Be sure to obtain and save all receipts itemizing all expenses you incurred as a result of your accident. Receipts must be dated and contain legible and complete vendor identification.
DO contact your insurance agent; if you delay it may be grounds for the insurance company to deny your claim
DO take photographs of all of the following, as applicable, as soon as possible after the accident:
- The scene of the accident from all angles
- The surrounding areas
- Your injuries
- Any property damage
- Skid marks
DON'T leave the Scene of the Accident. This can lead to criminal prosecution;
DON'T move your vehicle unless you are instructed to do so by an officer;
DON'T discuss the accident with anyone. Such discussion can be considered as evidence that you may have been at legal fault.
DON'T give a written, oral or recorded statement to anyone, especially an insurance representative.
DON'T make incorrect statements to any doctor who may treat or examine you respecting any prior injuries or accidents, if you don't remember, say so.
DON'T HIRE JUST ANY ATTORNEY!
BIG MISTAKES clients make:
- Not seeing the doctor if you are in pain
- Not keeping your doctor appointments
- Not doing what your doctor tells you
- Discussing your case with anyone other than your attorney or your doctor
- Failure to tell your doctor about all medical problems due to the accident
Follow Your Doctors Advice
Be sure to follow your doctor’s advice. Always keep all doctors appointments. Missed appointments send a message to your doctor and the insurance company that you’re not that hurt and that your condition and pain are fine. Our job at Murphy Law Firm is to make a recovery for you for the pain and suffering for any injuries sustained. Injuries can not be proven unless you are seeing a doctor to document your condition and help you get well.
Who to Talk To
Don't talk to anyone except this office and your doctors. If your insurance company wants to talk to you before the medical bills are paid, refer them to us.
What to Sign
Any necessary information from employers, schools, or other persons will be obtained by us. You should not sign anything for anyone without checking with us first.
Medical Payments
While your case is waiting to be settled or taken to trial, we arrange to have your medical bills paid by your own insurance company (automobile, health or worker's compensation insurance). Please make sure all medical bills that relate to your injury are forwarded to our office so that we may forward them to the appropriate insurance companies.
Keep Detailed Records
Please be sure to record the following:
- Any expenses incurred from the accident and your injuries.
- Lost time from work
- Lost wages
- A log of your pain and suffering
- Your physical limitations
It's important to keep journals of all of the above, it will be very helpful if we go to trial and you’re asked by the insurance company or an attorney to recall your pain, physical disabilities, and any out-of-pocket expenses including medication.
Medical Liens
Clients with no medical payments insurance, worker's compensation or private health insurance will be expected by their doctor to sign an agreement, called a "lien letter," stating once the case settles the medical bills will get paid directly from the proceeds they receive. Before you sign anything contact our office first, it may not be necessary for you to sign such an agreement.
You May Be Watched and Photographed
Because fraudulent claims are sometimes filed, the insurance company routinely conducts a detailed investigation of the injured person's background. It's not uncommon to have an investigator follow you to work and take pictures of anything that looks like strenuous work or park his surveillance van near your house and videotape your activities.
If you think you're being watched or followed, please call our office.
Bankruptcy
If you file for bankruptcy, before your case is settled, you could lose all your rights to your personal injury case. The Bankruptcy Court usually takes over the case, settles it and gives your settlement money to creditors. You could receive nothing. Call our office before filing anything.
What is My Case Worth?
In general, recovery of damages is based upon the following:
- The nature and extent of injury, including whether the injury is permanent, and the amount of disability.
- Amount of insurance coverage
- Medical expenses (past and future)
- Wage loss, (past and future)
- Pain and suffering
- Personal property
- Loss of consortium for your spouse (past and future)
What if I'm Contacted by the Other Driver's Insurance Company?
Never give an oral statement! Be polite, but decline to talk and refer them to our office. The claims adjusters who call you will be very savvy negotiators. They may maneuver around questions making you admit to things that aren't true and could later hurt your claim.
Why Does it Take so Long?
To fully determine what the damages of the case are we need to wait until you have reached your optimal medical improvement. Once we get a report from your doctor stating exactly what your medical condition is and what you can expect your condition to be in the future we can then move forward with our settlement procedures. We also gather evidence and necessary information to prove who was liable in the accident. This can take several months. If an agreeable settlement can't be reached and the case has to go to trial it could take a few years to complete a case. At Murphy Law Firm, car accident attorneys, Peyton Murphy and Scott Emonet, work with their staff to make sure all cases are handled aggressively and moved along as quickly as possible to settle your case.
Our Baton Rouge, Louisiana personal injury attorneys have successfully handled auto accident cases involving: brain injuries, burns, nerve injuries, knee injuries, herniated and ruptured discs, cervical and lumbar sprains, fractures, breaks, dislocations, paralysis, back injuries, temporomandibular joint dysfunction (TMJ) "jaw problems", pinched nerves, disc degeneration and arthritic changes, whiplash, headaches, muscle spasms, inflammation in neck and/or back, chronic pain syndromes, spinal cord injuries and bulging discs.
Some cases we have aggressively handled for our clients include:
Baton Rouge, Louisiana attorneys at Murphy Law Firm represent auto accidents and other personal injury cases throughout Baton Rouge, Lake Charles, Monroe, Alexandria, South Louisiana, New Orleans, Shreveport, Hammond, Lafayette and their surrounding areas. Murphy Law Firm enjoys a statewide reputation for exemplary service to our clients and commitment to our communities. If you or a loved one has been injured call us at 225-928-8800 or click here to contact us for a free consultation. We work on a contingency fee basis, which means we get don't get paid unless there is a monetary recovery of funds.
Frequently Asked Questions About Automobile Damage:
Can I choose my own repair shop?
Yes. You decide where to get your car repaired, although sometimes the estimate has to be approved and accepted by your insurer.
What if my car had some damage before the accident?
If your car had damage prior to the accident only the actual damage from the current accident will be covered by the insurance company. Usually the older damage will have evidence of wear and tear. If there is a question about damage, usually, the body shop your car is taken to will be able to differentiate between old and new damage and report there findings to the insurance company.
What if I'm "upside down" on my car loan?
If your vehicle is a total loss the insurance company is only obligated to pay the fair market value of your car.
Will I have to pay the towing and storage costs?
Unless there is a dispute about who was at fault in an accident, the driver who caused the accident will be responsible for the towing and storage costs.
Will I be able to get a rental car while my car is being repaired?
If you were at fault, you will have to either pay for the rental yourself or seek coverage under your own insurance. If the other driver is at fault, then we can demand that the insurance company for the person who caused the accident provide you with a rental car until your car is finished being repaired.
At Murphy Law Firm, our experienced personal injury attorneys will act as your representative to insurance companies and to others involved in the claims process. Remember, most insurance companies follow the "three D's,” Deny, Delay and Defend. Deny you were hurt, delay handling your claim and defend their decision in drawn-out court battles. Make sure you walk away with a fair settlement.
Call Murphy Law Firm at 225-928-8800. |
