Our Maritime & Jones Act FAQ

For 20 years, I’ve practiced personal injury law in St. Tammany Parish, one of the most conservative parts of Louisiana. Over that time, my clients have consisted of honest, hard-working people who have been seriously injured and just want what’s right and to be treated fairly.

There is nothing wrong with being conservative. But, when it comes to a car accident case, if you have an expectation of being treated fairly and believe that the insurance company will look out for your best interests, you can have your rights exploited, expose yourself to liability, and leave significant money on the table.     

It’s Not All Cut And Dry:

What may seem like a straightforward set of facts to you may turn into contested liability for the insurance company. At the scene of the accident, the at-fault person apologized to you for running the red light. But now, their story has changed, and they told their insurance company that they had a green light!  How’d that happen?

Does it really matter whether you were at a dead stop or if you were inching forward when you got rear-ended?  Why is the insurance company asking so many questions? Shouldn’t this be cut and dry?

The at-fault insurance company’s first job after a wreck is to establish liability, and if there is a way to deny your claim or even place some of the fault with you, they will look for it. Making your claim a lot more complicated will save them money and make the process a lot more frustrating for you.  

It Is Not The Insurance Company’s Job To Explain Your Rights And Responsibilities:

A lot of insurance companies now promote their online or mobile claims process. You can submit photos of your car damage from your phone and track the status of your claim. While this may work to get your car damage claim assessed, it does nothing for the other part of your case; your injury claim. 

What do you do about the doctor bills that are piling up, or the questionnaires your health insurance company is sending? What about lost time from work? The at-fault insurance adjuster won’t answer those questions for you. What’s worse is that if you don’t know the answers, it can leave you holding the bag with unpaid medical bills and health insurance compliance issues.

How Do You Know The Value Of Your Claim, Or When To Settle?:

You have 2 separate claims after a car wreck: one for your property damage and another for your personal injuries. For your property damage, the average person may feel relatively confident in figuring out if they are being treated fairly with repair costs, car values, and rental fees. However, when it comes to your personal injuries, what is a reasonable amount, and when should I settle it?

Even further, what kinds of things should you include in your injury claim? Are you including things like lost earnings? For doctor bills, do you take the total charge or just what the health insurance company paid?

The at-fault insurance company will give you a settlement offer, but how do you know what is fair and reasonable? If you do not know the value of your injury claim, it will be impossible for you to know if you are being treated fairly.

Once I Settle, Is My Case Closed For Good?:

Once you settle with the insurance company and sign a release, your case is forever closed. If anything pops up after your settlement that you didn’t think of, like ongoing medical issues or an unpaid medical bill, they will be your responsibility. If you later learn that your case was worth more than what you settled it for, it will be too late.

Have You Been Injured In A Car Wreck And Want To Talk To An Experienced Louisiana Personal Injury Attorney?

If you have been injured in a car wreck and think you may have it covered, but still interested in double checking with an experienced personal injury attorney for a FREE consultation contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.

One of the most common misconceptions of car accident victims is that the at-fault car insurance company should be paying medical bills as they are incurred.  Unfortunately, while the at-fault insurance company is ultimately responsible for your damages, including medical bills, they do not have to “pay as you go.” 

The At-Fault Insurance Company Doesn’t Have To Pay As You Go:

For car accident cases in Louisiana, there are usually two different claims involved: (1) the property damage claim, which includes damage to your vehicle; and (2) the injury claim, which involves damage to you, including your medical bills. 

For the property damage claim, the at-fault insurance company is legally required to adjust your claim and pay for property damages within a certain amount of time after they are presented with adequate proof of loss.

For your injury claim, while the at-fault insurance company may ultimately be responsible for your medical bills, they are not legally required to pay them as they come in.  Instead, they are usually interested in settling all of your injury claims, including medical expenses and general damages, all at once. 

Don’t List The At-Fault Insurance Company As The Responsible Party At The ER:

It is not uncommon for our clients to report that they listed the other person’s auto insurance as the responsible party for payment at the Hospital Emergency Room.  This is a mistake.  First, the hospital (or any medical provider) has no right (or way) to bill the other person’s auto insurer directly for your bill.  While the accident may not be your fault, you are responsible for any medical bills stemming from it.  

Use Your Health Insurance:

It is a good idea to use your health insurance following a car accident, as doing so will reduce the amount of your medical obligations.  If you don’t use your health insurance, medical providers may try to bill the entire medical bill directly to you and it will remain your responsibility, even if you are the victim of a wreck. 

By using your health insurance, you enjoy the benefit of contracted discounts and should only be responsible for your deductibles or copays.  However, it is important to know that the health insurer has the right to reimbursement in the event you settle your auto wreck case with the at-fault insurance company.  Therefore, it is important to keep your health insurance company updated on the status of your auto claim.  It is also important to understand the ins and outs of your health insurance company’s right to reimbursement. 

The At-Fault Insurance Company Is Ultimately Responsible:

Once our client has recovered from their injuries, we gather all of their medical records and medical bills.  Their medical bills become part of their personal injury claim and are factored in when negotiating a settlement with the at-fault insurance company. 

Once a settlement is finalized, a portion of the settlement funds are used to pay any remaining medical bills and, if applicable, to reimburse our client’s health insurer.  At Flattmann Law, we always provide our clients with a detailed breakdown of how settlement proceeds will be distributed, PRIOR to a settlement being finalized.  That way, there are no surprises. 

Have You Been Injured In An Accident And Have Questions About Big Medical Bills?

If you have been injured and have questions about big medical bills following an accident, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.

Insurance companies sometimes ask you to sign a blanket medical authorization after a car wreck so that they can obtain your medical records.  Should you sign those forms?  Why are they looking to get medicals that far back, and even prior to the accident?   

What Do My Past Medical Records Have To Do With My Accident?:

In big accident cases, the at-fault car insurance company (or your UM insurer) may ask you for medical records from before your accident.  There is no legal limit on what they can request, but most companies may request five years of past records. 

The goal of the insurance company in obtaining past records is so that they can compare those records to your current (post-accident) injuries and complaints.  For instance, if you are claiming low back injuries from a car wreck, the insurance company wants to see if you had any prior low back injuries or complaints documented in past medical records.  If you do, they will compare those past complaints to your current condition.  Their goal is to downplay your current injuries or blame them altogether on an unrelated incident, prior to the accident in question. 

Does The Insurance Company Have The Right To Get My Medical Records?:

In Louisiana, if a lawsuit has not yet been filed for an accident, the at-fault insurance company does not have the right to get your medical records without your permission, usually in the form of a medical records release.  This is a double-edged sword, as failing to comply with the insurance company’s request may lead to their outright denial of your claim.  The best thing to do is to contact an experienced personal injury attorney who can weight the pros and cons of your individual situation.

It is important to note that you may have a different set of responsibilities when dealing with your own insurance company under a UM (Uninsured/underinsured motorist) claim.  That’s because the relationship you have with your own insurance company is contractual and you must adhere to the rules set out in your insurance policy, including working with them to explore claims. 

Do The Rules Change If I File Suit?:

Once a lawsuit is filed on a car accident case, the rules on obtaining past medical records change.  After a suit is filed, the at-fault insurance company has the right to conduct discovery, which includes exploring your medical history as it relates to your claims. 

In a lawsuit, an insurance company will typically request your medical authorization so that they can obtain pertinent medical records.  Sometimes, they will ask for medical records prior to the accident date, again trying to prove that your injuries were pre-existing and unrelated to the accident at issue. 

The rule during discovery is generally that the insurance company has the right to collect information which may lead to admissible evidence at trial.  This is very broad.  However, it is not without its limitations.  At Flattmann Law, we protect our clients from overly broad requests into their past medical treatment, especially when past treatment is completely unrelated to their current complaints.  For instance, we might object to a request for 10 years of our client’s past psychological treatment notes if their current claims have nothing to do with psychological injuries. 

Again, whether or not the insurance company has the right to request past medical records and the extent of their requests can be complicated and are individual to every case.  It can be extremely beneficial to contact an experienced personal injury lawyer to discuss these issues before making any decisions regarding the release of medical information. 

Do You Have Questions About An Insurance Company's Request For Medical Records After An Accident?

If you have been injured in a car wreck and have questions about an insurance company's request for medical records after an accident, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.

UM insurance stands for “uninsured motorist” coverage.  As discussed in several other articles, UM insurance is optional in Louisiana and not required by the State in order to be “legal.”  UM insurance comes into play when the at-fault driver doesn’t have liability insurance or doesn’t have enough insurance to adequately cover you for your personal injury losses.  In those cases, you make a claim with your own insurance under your UM coverage. 

Your UM insurer owes you a direct contractual duty:

Unlike the other driver’s insurance company, your UM insurer (your auto insurance company) owes you a direct duty pursuant to your insurance contract with them.  As with most contracts, that means both you and your insurance company have certain obligations and duties to each other. 

Your UM insurer must treat you fairly during the claims process:

One of the duties your UM insurer has is “fair dealing.”  That means the insurance company should not try to trick you during the claims process.  For example, a UM should not threaten you during the claims process, or try to get you to settle quickly by saying things like, “this is your last chance,” or “if you don’t accept this now, you can’t later.” 

Another obligation your UM insurer has to you is to handle your claim in “good faith.”  That means a few things.  First, it means that they have an obligation to properly evaluate your claim.  Second, it means that after they are provided with “adequate proof of loss,” they must adjust (evaluate) your claim within a reasonable time.  Finally, it means that they must make “unconditional tenders” to you of the amount(s) they believe your claim is worth. 

What is an “unconditional tender?”:

An unconditional tender is a payment your UM insurer should make to you after they are provided with adequate proof of your losses.  For example, say you have proven to your UM insurer that the other party caused your wreck and are uninsured.  You have also provided proof of your medical bills and injuries in the way of medical bills and doctor notes.  If, after evaluation, your UM insurer believes that your personal injuries (including doctor bills and general damages) have a value of $5,000, they must “unconditionally tender” that amount. 

An unconditional tender means that the insurance company must send you a check for the undisputed amount of your claim, without any strings attached.  For instance, they should not require you to sign a release in order to get your money. 

What happens if I think my UM insurer owes me more money?:

In many situations, you may think that your UM claim is worth more than your insurance company is tendering.  For instance, if you think your claim is worth $10,000, but the UM insurer only tenders $5,000.  In those cases, it is important to remember that you still retain the right to pursue the remainder of your claim, even if a tender has been made.

Have You Been Injured In An Accident And Need Help Handling Your Personal Injury Claim?

At Flattmann Law, we handle UM claims and hold UM insurers to their obligations.  If you do not think you are being treated fairly by your UM insurer contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Hammond, Lacombe, Pearl River, and Slidell.

 

We often get calls from people complaining that the insurance company is not treating them fairly or responding to their personal injury claim.  Digging deeper, we inquire as to the information and documentation the person provided to the insurance company to support their claim.  A common response is that the person signed all the requested authorizations and may have submitted one or two medical bills. 

Unfortunately for them, a few medical bills and a verbal report of injuries do not constitute “adequate proof of loss.”  The insurance company is ignoring them because the claimant has not triggered their obligation to respond under the law.

What is Adequate Proof of Loss?:

A claimant has the burden of providing adequate proof of their loss to the insurance company.  This means the claimant must prove (1) the other party’s fault for the accident and (2) their damages and injuries. 

Proving the other party’s fault for causing the wreck can be as simple as sending the insurance company a copy of the police report, if the report clearly shows that the other person was responsible for causing the wreck.  If it doesn’t the claimant must submit other evidence of the other person’s fault, like video evidence, photographs, witness statements, etc. 

Most people fall short in proving their injuries and damages.  Just telling the insurance adjuster that you are hurt doesn’t cut it.  Instead, it is best to provide copies of your medical bills and records, which document your injuries, medical treatment, and medical bills in black and white. 

Certified Mail?:

Do people still use certified mail?  YES.  While email is great, it is still good practice to follow any important emails (especially those providing proof of loss) with certified letters to the insurance company, with copies of the documents.  That way, you establish a clear record of your attempts to provide adequate proof of loss.

Have You Been Injured In An Accident And The Insurance Company Is Not Treating You Right?

If you are getting frustrated with your insurance claim contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Hammond, Lacombe, Pearl River, and Slidell.

Ever wonder if some days or times are safer to drive than others?  If you are like me, there are days I come up and tell my wife: “It seems like all the bad drivers are on the road today!”  Is that a coincidence?  Turns out it is NOT!

Be extra vigilant on Friday and Saturday!

According to the National Safety Council (Injury Facts), the number of fatal crashes is more frequent on weekends, peaking on Saturday.  The number of nonfatal crashes is higher on weekdays, peaking on Friday.  For both fatal and nonfatal wrecks, the peak time of day was 4 p.m. to 7:59 p.m., but vary depending on the time of year.  In general, less fatal crashes occur in the morning and increase later in the day and into the evening hours. 

Travel in March, not in October.

During the COVID pandemic, crash statistics were largely sporadic given people’s jobs, crazy store hours, lack of school, etc.  Now that things are getting back to normal, so are crash statistics.  Typically, less miles are traveled in January and February and steadily increase through July.  As a result, traffic deaths were lowest from January to March and elevated from May through October.   

Increases in fatalities during COVID.

You would think that with fewer people on the road during the COVID pandemic, the rate of crashes and fatalities would have decreases.  Surprisingly, this was not the case.  In fact, in 2020 the number of crash deaths increased by 8% despite an 11% decrease in the amount of miles driven.  In 2021, the number of deaths increased by an additional 11%. 

Researchers blame the increase in traffic deaths in 2020 to three factors: (1) An increase in alcohol-impaired driving; (2) an increase in speeding; and (3) an increase in unrestrained vehicle occupants. 

Let this be a lesson to all of us that just because there may be fewer people on the road, whether it be on a Sunday morning or during a pandemic, we should never let down our guard while driving!

Have You Been Injured In An Accident And Searching For A Personal Injury Lawyer?

No matter what day or time your accident happened contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Hammond, Lacombe, Pearl River, and Slidell.

I get it.  After a car wreck, you may be shaken up and achy, but you just don’t have time to go to the doctor.  “I’ll just take some Motrin and rest.”  You have a full-time job, kids to pick up from school, and just not enough time to deal with your own injuries.  “Hopefully I’ll feel better after a few days.”  If this is you, I understand.  But just know that if you don’t take time to properly document your injuries soon after an accident, the insurance company probably won’t give you credit for them later, even if you are really hurt and things get worse later.   

Insurance companies don’t take your word for it.

If your injuries are not documented in black and white in a medical provider’s records, the insurance company will not consider them in the adjustment of your insurance claim.  It doesn’t matter if you have been dealing for months with persistent back pain.  As the insurance company sees it, if your injuries weren’t bad enough to cause you to seek medical treatment, they aren’t serious enough to compensate. 

When you go to the doctor’s office, urgent care, the chiropractor, or to the emergency room, you will have several opportunities to document your injuries.  First, you will likely be asked to fill out patient forms, including a review of your current symptoms.  It is important to accurately complete these forms and list ALL of your current symptoms. 

When you meet with the medical provider or their staff, it is also important to describe ALL of your injuries, even if some seem minor in comparison. 

When the insurance company reviews your medical records, they should evidence all of the injuries you are claiming were caused or aggravated by the wreck.  The medical records will corroborate your reported injuries and help prove your claims. 

Make sure to list everything bothering you.

It is human nature to downplay our own injuries.  It is also typical for us to leave out what we may think to be minor symptoms when other, more major problems are bothering us.  For instance, if you suffer a right shoulder dislocation, your focus will be on that and you may fail to mention that your left ankle is also swollen. 

In a personal injury case (like a car wreck), it is important to list ALL of your symptoms to a medical provider, even if they seem minor.  That’s because if minor symptoms get worse over time, the insurance company may not believe that they are related to the car wreck if those symptoms were not documented soon after the accident.  For instance, if you report low back pain for the first time six months after an accident, the insurance company will have a hard time relating it to the wreck since it wasn’t documented soon thereafter.  This is the case even if you had low back pain immediately after the wreck and either didn’t see a doctor or failed to report it. 

Take pictures of your injuries.

It is true that a picture can say a thousand words.  If you have visible injuries, such as bruises, bumps, scrapes, road rash, stiches, or other wounds, take as many pictures and videos of them as necessary.  Do this during your entire healing process so that you can have a record of your injuries.  In some cases requiring wound care, photos can be important to prove the amount of effort that went into cleaning and dealing with your injuries, and any permanent scarring you may have. 

Keep a diary.

We provide a diary to all of our clients so that they can document their injuries, treatment progress, doctor appointments, missed work, and general wellbeing during their recovery.  Keeping a diary is a good idea, as it is important to memorialize how you are feeling in the moment, rather than trying to remember those details months or even years later.

Have You Been In An Accident And Not Sure What To Do?

If you were shaken up because of an accident and not sure what to do contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Hammond, Lacombe, Pearl River, and Slidell.

 

At Flattmann Law, we accept about 8% of the calls we receive.  That means, for every ten phone calls we get inquiring about a car wreck or personal injury, one of those callers may become our client. 

Why so few?  We take pride in the quality of representation we provide in each and every case we accept.  We make sure the cases we take have merit, are serious, and result in good relationships with our clients. 

Does the case have merit?

The key factor in any personal injury case is liability, or who is responsible for causing an accident or incident.  Sometimes this is straightforward, like when a car is sitting at a red light and gets rear-ended by a driver who is texting.  But sometimes, liability is not as straightforward, like when a crash happens at an intersection and two people both swear that they had the green light.  Sometimes, a caller may not understand that their own actions caused or contributed to an accident and that they may be liable. 

When we consider a case, evidence regarding liability plays a huge role in our decision whether we can represent a client.  Even if we can’t take a case, we make sure to let the caller know the reason.

Does the case involve injuries?

At Flattmann Law, we represent clients who have suffered serious injuries as a result of car wrecks, including family members of loved ones who have died as a result of major accidents.  One thing we discuss during a potential client’s phone call is whether the person was injured because of the car accident.  If the answer is yes, we discuss their medical history, including any future treatment. 

If a caller has not suffered a legitimate injury, we will not be able to represent them.  However, in those cases, we still try our best to point that person in the right direction concerning their rights against the at-fault insurance company.

In some cases, the caller may not realize just how badly they are injured.  They may say that they are “okay” and then go on to describe how they have been suffering with all kinds of injuries they didn’t have prior to the accident.  Something is definitely wrong and the last thing they want to do is resolve their car wreck claim before getting checked out by their doctor. 

Our Firm Is About Quality, Not Quantity

At Flattmann Law, we take pride in the way we handle each and every one of our clients’ cases.  Unlike many larger firms, our success does not depend on taking and settling as many cases as quickly as possible.  Through the course of our representation, we form close relationships with our clients.  If we take a case, that means we will do everything we can to obtain a favorable outcome for our client.  We will exceed the expectations of our clients. 

We review cases BEFORE taking them:

Some large law firms have a very low bar when it comes to accepting cases and will “sign up” nearly every call they get.  It’s only after they get around to reviewing the substance of the case a few weeks later when they conclude that the case does not have merit and end up dumping (terminating) the case.  At Flattmann Law, we have even gotten calls from clients whose cases were dumped by accident by another firm.  Yikes!  At our firm, we do our research before entering into a contract with a client to handle their case.

Have You Been In An Accident And Need An Attorney That Values Quality Over Quantity?

If you are looking for a personal injury firm that values quality of representation over quantity of cases contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Hammond, Lacombe, Pearl River, and Slidell.

Determining whether your accident qualifies under the Jones Act or falls under another law makes a huge difference in terms of your right to pursue certain claims, including for life-long disability.  

In other articles, we discussed the several factors to consider in determining whether one qualifies as a Jones Act seaman and if their case qualifies under the Jones Act.  If it does, the Jones Act allows an injured seaman to pursue many claims which are not available under other laws.  These include claims for permanent disability and future lost wages, among others.  

The Jones Act is unique and provides greatly different rights than other laws, such as the Longshore and Harbor Workers’ Compensation Act (LHWCA), general maritime law, or state worker’s compensation law.  It is very important to consult with an experienced Jones Act attorney as soon as possible after an incident in order to understand your rights.  

Have You Been Injured On Your Louisiana Maritime Job?

If you've been injured at your maritime job or at sea, you need to speak with an experienced Jones Act attorney as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.

Under the law, a Jones Act lawsuit must be filed within 3 years of the accident date.  However, before relying on that 3 year period, it is important to know for sure if your case qualifies under the Jones Act or another law, such as the Longshore and Harbor Workers’ Compensation Act (LHWCA), general maritime law, or state worker’s compensation law.  

In order to qualify under the Jones Act, a number of requirements must be met.  For instance, the injured victim must be considered a Jones Act seaman who was contributing to the mission of a certain vessel or fleet of vessels for a certain length of time.  It must also be determined whether the injury occurred on a “vessel” capable of navigation.  

Have You Been Injured On Your Louisiana Maritime Job?

If you've been injured at your maritime job or at sea, you need to speak with an experienced Jones Act attorney as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.