Frequently Asked Questions

When you are injured in an accident, or if it is a loved one or family member who is injured, the problems can be overwhelming. Some of these concerns may be financial, legal, emotional and/or psychological. The Babcock Law Firm highly recommends that if you or someone you care about is injured in an accident, you should consider having an injury attorney represent you in your injury claim.

Statistically, most personal injury claims are settled without need for court proceedings. There still remain a small percentage of personal injury claims which result in trial. Although your case may not actually go to trial, your lawyer should still take all the necessary steps to ensure that the case is prepared for litigation. This involves the interviewing you and other potential witnesses.

HOW ARE PERSONAL INJURY CLAIMS RESOLVED?An insurance company may offer a sum of money up front to the victim. The insurance company is hoping that the claimant will take the money and absolve them of any additional financial responsibility. Once a claim has been settled, the claimant has legally released the defendant from further payment, even if the condition worsens.

In the case where a victim does not accept money from the insurance company and contacts an attorney, the claim can be resolved through litigation or settlement. At the Babcock Law Firm we recommend that all personal injury victims contact an attorney. Injuries can affect a victim many years into the future, and it is important that the victim consider and plan for any unforeseeable financial burden. Contact the Babcock Law Firm today to discuss your specific case. We will advise you on the best course of action to take regarding your situation.

Wrongful death lawsuits can be brought by the family of a person who has died due to the deliberate, reckless, or negligent actions of another. The goal of this type of personal injury claim is to gain compensation for close relatives, in order to help defray medical costs and provide financial support. A wrongful death lawsuit may also seek damages for pain and suffering, lost wages, mental anguish, and loss of companionship or support for the surviving relatives.

A personal injury claim involves an injured individual seeking compensation and damages from the person believed to be at fault. A personal injury lawyer may bring a claim on three different legal grounds:

• Negligence – the defendant is accused of causing the injury by failing to prevent it.
• Intentional wrong – the defendant is accused of causing the injury intentionally.
• Strict liability – in product liability situations, this applies whether negligence or malice was involved or not, as long as the product was being used as was intended.

There are many types of personal injuries. The most common are:

• Motor vehicle accidents
• Toxic torts
• Dog Bites
• Medical Malpractice
• Products Liability

Personal injury claims are governed by “Statutes of Limitation,” (we call it “Prescription” in Louisiana,) which require that the suit be filed within a certain amount of time after the injury. If you fail to file your claim before that time expires, you will be forever prevented from suing for your damages. The Prescription period in Louisiana is very short – just one year from the date of injury to file a personal injury claim.

If the other driver is at fault and has liability insurance, you may have the right to collect money damages to compensate for:

• past and future medical bills
• lost wages
• pain and suffering
• loss of love and affection (must be married)
• physical impairment

If the at-fault driver does not have insurance, you may be entitled to collect money damages from your own insurance company if you purchased Uninsured Motorist Insurance Coverage.

The Louisiana Insurance Automobile Law is controlled by the "No Pay, No Play" statute, which bars motor vehicle owners who do not have liability insurance from collecting the first ten-thousand dollars of any bodily injury or property damage resulting from an automobile accident. This provision does not apply to passengers in the motor vehicle. In addition, accidents caused by drunk drivers or hit and run drivers are considered exceptions to the mandatory "No Pay, No Play" law and will allow victims to recover despite not having any insurance.

According to Louisiana driving law, vehicle negligent injury is when an injury is inflicted on someone by an operator of any motor vehicle, aircraft, water-craft, or other means of conveyance when the offender is under the influence of alcohol or drugs with a blood alcohol concentration of 0.08% or more.