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How Long After a Demand Letter Does a Settlement Take in Louisiana?

After you’ve been injured in an accident, you don’t have any time to waste before the costs start to take their toll. When someone else is to blame for your accident, you may be able to hold them accountable by pursuing legal action against them. One way this can be done is by sending a personal injury demand letter to the liable party and/or their insurance company. 

 

But, there is much that goes into these demand letters, and sending one can offer you some clarity on how long it will take to receive your injury settlement. Continue reading to learn more about what a personal injury demand letter contains and how long it might take for your settlement to be issued.

Components of a Louisiana Personal Injury Demand Letter

Your attorney will be responsible for writing your personal injury demand letter, but you may be wondering what exactly will be contained in yours. Generally speaking, as every case is different, a demand letter starts off by summarizing the events of the accident and confirming liability on the part of the party who will receive your demand letter. 

 

From there, the letter should describe the injuries you sustained, the costs and expenses related to your medical treatment and care, and then detail the various economic and non-pecuniary losses you have endured. Your losses should be quantified at this point so the liable party has a complete understanding of how you and your attorney came to the overall amount you are requesting in the demand letter. 

 

Finally, the demand letter should include supporting documentation of your injuries and losses so the at-fault party can see that you are fully prepared to bring your case to court should they choose to ignore your demand letter or refuse to settle your case.

General Timeline of Events in an Injury Settlement

Once your personal injury demand letter has been sent, the liable party and their counsel or the insurance company will have up to 45 days to respond. They may choose to ignore your letter altogether, or perhaps not even read it, depending on who receives the letter. In this case, a revised demand letter will be sent by your attorney. 

 

This can prolong the amount of time it takes to obtain your injury settlement, and there is no guarantee that they will meet your needs as outlined in your demand letter. For this reason, it may be in your best interests to prepare for court to secure the compensation you may be entitled to.

Reach Out to a Louisiana Personal Injury Lawyer

The personal injury claims process can be quite complex, but when you issue a demand letter, there is a strong possibility that your chances of obtaining an injury settlement you deserve will increase. 

 

You can get in touch with a highly trained Louisiana personal injury lawyer at the Law Office of Braud & Gallagher to learn more about seeking compensation for your losses. We can be reached via the submission form located below or by phone at 1-800-256-5674.

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Mistakes to Avoid in Your Maritime Injury Case

Mistakes to Avoid in Your Maritime Injury Case

If you work on or around the waters of New Orleans, you may be considered a maritime employee. Understanding your maritime employee status will be critical if you are seriously injured at work and will need medical attention of any kind. 

Filing a maritime injury claim can be even more complex than a typical personal injury claim, as there are multiple types of maritime employees, each with their own types of benefits. Below, we have described two of the most common mistakes you should avoid when filing your maritime injury case. 

1. Filing the Wrong Type of Injury Claim

Due to the fact that there are different types of maritime employees and acts under which you can obtain financial support following a work injury, we often find that injured maritime workers will file a claim under the wrong act. If you want to ensure that you don’t make this mistake, you need to understand which type of maritime employee you are and which act you should file a claim under. 

Maritime employees are broken up into two categories: seamen and other maritime employees, like harbor workers, shipyard workers, longshoremen, and those who work on oil rigs. Injured seamen are protected by the Jones Act, while other maritime employees can collect benefits under the Longshore and Harbor Workers’ Compensation Act (LHWCA).

It is often easier to obtain benefits under the Jones Act, as the burden of proof essentially states that if a ship is deemed unseaworthy as a result of an injury, the injured seaman will be entitled to benefits. LHWCA benefits are similar to workers compensation benefits, except only maritime employees can obtain benefits under this act. 

2. Misunderstanding Your Benefits as a Maritime Worker

The other mistake that is commonly made is for the injured maritime employee to misunderstand what benefits they are entitled to, which makes sense, since many claimants make the mistake of filing a claim under the wrong act for their maritime injuries. 

Jones Act recipients are entitled to all of the same types of losses that someone filing a personal injury claim would potentially be able to recover, such as pain and suffering, diminished quality of life, and lost income, to name a few. 

In addition to these losses, injured seamen are also entitled to what is known as maintenance and cure. Cure refers to the complete coverage of your injury-related medical expenses, and maintenance consists of your living expenses, including rent or mortgage payments, groceries, and utilities, among other costs. 

This is different from benefits under the LHWCA, which consist of full coverage of your medical expenses, a disability benefit amounting to approximately 66 percent of your average weekly wages, and job training if your condition will prevent you from continuing to work as a maritime employee. 

Reach Out to a New Orleans Maritime Injury Lawyer

Federal maritime laws are complex, and when you have questions about how you can obtain benefits for your work injury, a New Orleans maritime lawyer may be able to help. To schedule your free consultation at the Law Office of Braud & Gallagher, simply give our firm a call at 1-800-256-5674 or fill out our contact form on the bottom of this page.

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Timeline of a Louisiana Personal Injury Claim

The time period immediately following a serious accident can be chaotic. Not only are you likely dealing with the physical pain and suffering of your injuries, but you’ll also have household responsibilities that need attention, and steadily be accruing medical bills and other expenses while you recuperate. This leaves many injury victims wondering, “What’s next?”

When someone else is to blame for causing your injuries, you may be able to bring them to justice by pursuing civil action against them. We understand how overwhelming filing a lawsuit can seem, which is why we’ve described the timeline of a standard Louisiana personal injury claim below, so you can better prepare yourself for what to expect if you choose to seek repayment of your losses.

Establishing Fault

Once you have made the decision to file a civil claim, and have retained legal representation, the first step in the timeline of your claim is to establish fault.

This is where we will investigate the cause of the accident you were involved in and gather evidence against the culpable party that will show, based on a preponderance of the evidence, that the named party is responsible for causing your injuries.

Damages You Can Recover

After fault has been determined, we move on to calculating the value of your claim. This is done by taking into consideration not just your medical expenses and lost wages, but also lost quality of life, pain and suffering, emotional distress, the loss of companionship and love, and many other economic and non-economic damages.

Negotiating with the Insurer

From there, we file an insurance claim and prepare to negotiate with the insurance adjuster. The insurer isn’t likely to simply settle your claim and pay out the amount that you may be entitled to. Insurance companies are known for employing underhanded tactics to reduce the settlement amount they need to pay you.

Going so far as to manipulate provided statements and issue lowball settlement offers, your attorney will be well-prepared for negotiations and do everything possible to ensure you aren’t taken advantage by a profit-driven insurance company.

When to Head to Court

If the negotiations with the insurance company are successful, and we are able to obtain a settlement that adequately meets your needs, then heading to court might not be necessary. But if the amount the insurer settles for doesn’t cover your losses in their entirety, or if we are unable to get the insurer to see reason, then going to court may be the best way to obtain full compensation for your losses.

Meet with a Personal Injury Lawyer in Louisiana

If you are ready to regain control of your life after an accident but aren’t sure where to begin, reach out to an experienced Louisiana personal injury lawyer at the Law Office of Braud & Gallagher. You can give our firm a call at 1-800-256-5674 or fill out the quick contact form we have included at the bottom of this page to schedule your free, no-obligation claim review.

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Can I Be Blacklisted for Filing a Maritime Injury Claim?

If you have been injured at work and you work within the maritime industry, you may be entitled to financial support and other benefits. But many times, despite being entitled to said benefits, injured maritime workers will refrain from filing a claim because of the fear of retaliation and being blacklisted. 

Below, we go into further detail about what it means to be blacklisted and retaliated against and what your legal options are if it happens to you.

Concerns over Employer Retaliation

Maritime workers are unable to obtain workers compensation benefits when they suffer an on-the-job injury. But this is due, in part, to the fact that they are protected under federally regulated laws known as the Jones Act and the Longshore and Harbor Workers’ Compensation Act (LHWCA). 

These benefits are similar to workers compensation benefits in many regards. However, injured maritime employees often have concerns of what will happen after they’ve filed a claim. Unfortunately, as mentioned, many maritime workers who suffer serious injuries at work are afraid to file a claim for benefits due to the fear of being blacklisted and/or retaliated against for doing so. 

While there is no official “blacklist” of the maritime industry floating around, it is quite possible that your employer will retaliate against you by attempting to ruin your professional reputation, which could then make it difficult for you to find a new job. 

Other forms of retaliation could include being demoted, terminated, or subjected to a hostile work environment all because you exercised your right to maritime injury benefits. 

Thankfully, behaviors of this sort will not be tolerated, as both the Jones Act and the LHWCA prohibit employers from blacklisting and retaliating against maritime workers who file a claim and/or are approved for benefits under their respective acts.

Pursuing Your Claim despite the Risks

Though being blacklisted and retaliated against for filing a maritime injury claim is against the law, this, unfortunately, does not stop companies from continuing to do so. However, if you were injured or fell ill due to the conditions of your work environment, you may be entitled to these benefits and should therefore still pursue your claim. 

In the event that your employer retaliates against you and we are able to gather evidence supporting the claims of retaliation, we can pursue a claim against them that could result in back pay, compensation for defamation, reinstatement into your former position, or other damages. 

Get in Touch with a New Orleans Maritime Injury Lawyer

If you are being retaliated against by your employer in some way or if you have concerns that you will be retaliated against for filing a Jones Act or Longshore and Harbor Workers’ Compensation Act claim, get help from an experienced New Orleans maritime lawyer at the Law Office of Braud & Gallagher. 

You can fill out the brief contact form at the bottom of this page or give our office a call at 1-800-256-5674 when you are ready to come in for a complimentary consultation.

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Can I Sue a Louisiana Government Agency for an Injury?

When someone else’s recklessness or negligence directly or indirectly causes you to endure severe injuries, that individual or entity should be brought to justice.

However, when a government agency is to blame for your accident, your case will immediately become more complex due to a law known as government immunity. Below, we describe what government immunity is and what you can do to ensure the liable party repays you for the damage they’ve caused.

What Is Government Immunity?

Governmental immunity, also known as sovereign immunity, is a law that essentially states that government agencies cannot be held accountable in civil court for liability. However, most states in the U.S. have waived said immunity under specific circumstances.

In Louisiana, for example, claims can be brought against the state or its agencies in personal injury cases, but the damages sought must not be more than $500,000. Now, for many injured individuals, it is fairly easy to reach that sum, but fortunately, this limit does not include recovery of compensation for things such as your loss of income, damage to your earning capacity, healthcare costs, and other economic damages.

It is also important to note that if a government employee was acting within the scope of their responsibilities, the agency will attempt to get out of being held liable through the government immunity law. For this reason, you may need to reach out to a knowledgeable personal injury attorney who can help you figure out how to proceed with your claim.

Ways You Can Hold a Government Agency Accountable

There are a couple of different ways you can fight to bring the liable government agency in your case to justice. Typically, we will start off by filing a claim with the insurance company, if applicable. We may need to negotiate with the insurer in order to obtain maximum repayment of your losses, and even then, they may not be required to cover the full extent of your damages.

From there, we will need to determine whether it’s in your best interests to bring your case to court to obtain the remaining compensation for losses that are not covered by the insurance company. You can expect your attorney to fully examine the details of your accident before advising you either way.

Although you may have concerns about bringing a claim against a government agency, when someone else is to blame, even if it’s the government, they should cover your costs.

Contact a Qualified Louisiana Personal Injury Lawyer

Bringing a claim against a state agency can be intimidating, but when you have an experienced Louisiana personal injury lawyer from the Law Office of Braud & Gallagher representing your case, you can rest easier knowing we won’t back down when it comes to fighting for the compensation you deserve.

To learn more about how our firm could help with your claim against a government agency, come in for a free consultation. You can schedule yours by completing the online contact form at the bottom of this page or by giving our firm a call at 1-800-256-5674.