New Orleans Personal Injury Archives

Let’s say that you were terminated from your job illegally and with the help of a New Orleans truck accident lawyer, you filed a discrimination claim. Or your vehicle was rear-ended at a stop sign, you were injured, and you filed a personal injury claim. You later received a settlement out-of-court, or you were awarded a judgment by a jury.

And now it’s tax time. Is your judgment or out-of-court settlement taxable income? The answer is, “It depends.” A number of factors are taken into account by the IRS (Internal Revenue Service) when your judgment or settlement is considered.

#1. JUDGMENTS AND SETTLEMENTS ARE TAXED THE SAME WAY

It does not matter if you settled your case out-of-court or if your case went to trial. The same tax rules will apply. However, if you settled the case, you may have more ability to reduce the amount that you will owe.

If you are audited, you will need to produce copies of the settlement agreement and all related financial documents.

#2: HOW YOUR RECOVERY IS TAXED WILL DEPEND ON WHAT IT REPLACES

A judgment or settlement is taxed based on the “origin of the claim.” This means if your business prevails against a competitor for lost profits, your recovery is taxed as business profits. But if you are laid off and you prevail with a discrimination claim, your recovery is taxed as wages.

However, let’s say that a negligent contractor working at your home damages the home, and you prevail with a claim for damages. Your compensation is not considered income but is instead considered as a drop in the purchase price of your home.

#3: A RECOVERY FOR PHYSICAL INJURY OR SICKNESS IS NOT TAXABLE

If you are physically injured or become physically ill because of another party’s negligence, and your personal injury claim prevails, you will pay no taxes on your judgment or settlement.

Prior to 1996, damages paid for emotional distress or for character defamation, for example, were also not taxable, but today you must be physically injured or physically ill in order for your settlement or judgment to be entirely tax-free.

IRS rules require that injuries in these cases must be “visible,” so if you recover damages for “emotional distress,” those damages are going to be taxed.

#4: PHYSICAL SYMPTOMS OF DISTRESS ARE NOT CONSIDERED “INJURIES”

All compensation received for physical signs of distress – such as headaches or stomach aches – is taxable. If you developed an ulcer because you were a victim of workplace harassment, and you were compensated an additional $50,000 for that reason, that amount will probably be taxed.

#5: MEDICAL EXPENDITURES ARE NOT TAXABLE

Here is where the IRS rules are somewhat illogical. You cannot escape paying taxes on damages that you receive for emotional injuries, and as mentioned previously, even headaches and ulcers may be considered “emotional” rather than physical injuries.

However, if you seek medical treatment for emotional injuries, and if you are compensated for the cost of that treatment, compensation for medical treatment is not taxable. Moreover, “medical treatment” can include a psychiatrist or a physical therapist as well as “nontraditional” treatment.

#6: FORMALLY CATEGORIZING DAMAGES CAN HELP YOU SAVE

When a lawsuit prevails, multiple issues are almost always involved. In a personal injury case arising from a traffic accident, you might be compensated for medical bills, lost wages, vehicle damages, physical pain, and emotional suffering.

To determine what is and isn’t taxable, it’s best if plaintiffs and defendants can agree in writing to itemize exactly how much is being paid for each part of the claim. A breakdown of the damages will not be binding on the IRS, but unless you are audited, it will probably be accepted.

#7: IS YOUR RECOVERY CAPITAL GAIN OR “ORDINARY” INCOME?

If your lawsuit compensates you for damage to your home, your company’s factory, or another property, the IRS may classify that compensation as capital gain.

However, depending on a property’s tax basis (your purchase price plus improvements and minus depreciation), your compensation might be considered a recovery of basis and not income.

#8: ATTORNEY’S FEES ARE TRICKY

The IRS considers you to be the recipient of one hundred percent of your compensation. However, if your attorney worked on a contingent fee – like most personal injury lawyers – your attorney may be paid his or her percentage directly by the defendant.

You may never see that money, but you might still be taxed for it. If your recovery is entirely non-taxable – like a recovery that is exclusively for a personal physical injury – you will not be affected, but if your recovery is taxable, you might have to pay taxes on the attorney’s fee.

#9: PUNITIVE DAMAGES ARE ALWAYS TAXED

In most states, if you are injured in a traffic collision and receive both punitive and compensatory damages, the compensatory damages are tax-free. The punitive damages are not.

However, punitive damages are rarely a concern for taxpayers in Louisiana. This state generally does not allow the recovery of punitive damages in personal injury cases.

WHAT’S YOUR BOTTOM LINE?

In matters that generate lawsuits, many plaintiffs want to resolve the issues swiftly, get the case over with, and worry about the taxes later. Don’t do it that way. The tax rules for recoveries are filled with nuances, restrictions, and exceptions, so you must take the rules seriously.

Consider the tax aspects and discuss the details with your attorney before you file an injury claim or take the case to court. When you consider your tax consequences from the beginning, you may be able to save yourself a substantial amount in taxes.

If you are injured by another person’s negligence, it is important to act quickly and contact an injury attorney at once to determine if you have grounds for legal action. A good personal injury lawyer will work diligently and fight hard for compensation – and justice – on your behalf.

What has been discussed here are the general rules for taxes and compensation, but every case is different. If you have been injured and you need to learn more, discuss the details of your case with an experienced New Orleans personal injury attorney.

You may already know that you’re entitled to financial compensation if you are injured in the state of Louisiana by another person’s negligence. You may be compensated for your healthcare expenses, lost wages, personal pain and suffering, and for all of your related losses and damages.

Unfortunately, some of the injured victims of negligence make one or more mistakes that can keep them from acquiring the reimbursement they need and deserve. This is where a New Orleans truck accident law firm can help.

Anyone can be injured by negligence, so keep reading. You’ll find out which mistakes can ruin a personal injury claim, how to keep from making those mistakes, and how you can acquire the compensation you need after you have been injured due to another person’s negligence.

WHAT MISTAKES DO PERSONAL INJURY VICTIMS NEED TO AVOID?

If you are injured because someone else was negligent – in a vehicle collision or in a trip-and-fall incident, by a consumer item that is defective, or even by your own doctor in a case of medical malpractice – you can’t make the mistakes that might put your compensation at risk.

Here are the four frequently-made mistakes that can ruin someone’s personal injury claim:

1. a failure to seek immediate, appropriate medical treatment
2. a failure to collect key evidence
3. exaggerating the facts regarding the accident and injury
4. letting an insurance company representative talk to you

#1: A FAILURE TO SEEK IMMEDIATE, APPROPRIATE MEDICAL TREATMENT

You must obtain medical treatment immediately after any incident that causes an injury. An injury may at first seem trivial – in fact, you might feel great – but after several days or weeks, a latent or difficult-to-detect injury could unexpectedly emerge as a dangerous medical condition.

You must seek medical care within the first 24 hours after an accident. Later, if you have to seek compensation for a personal injury, you must be able to prove that your injury happened in that particular accident, and without the results of an immediate medical exam, that may be difficult.

WHY ELSE IS A MEDICAL EXAM SO IMPORTANT?

If you don’t have a medical examination at once, or if you don’t make it to your follow-up visits, there will be doubts regarding your injury, and those doubts will pose a threat to your compensation.

On the other hand, when you seek immediate medical treatment, keep your subsequent medical appointments, and follow your physician’s orders, you will:

1. protect your health
2. create medical records that you’ll need for a personal injury case
3. avoid a common mistake made by personal injury victims

#2: A FAILURE TO COLLECT KEY EVIDENCE

To prevail with a personal injury claim in Louisiana, you need to have precise and credible documentation of what happened and what your losses are.

A frequent mistake personal injury victims must avoid is failing to collect the evidence and documents that you’ll need to obtain your compensation. An experienced New Orleans personal injury attorney can help you later, but at the moment an injury happens, no lawyer will be there.

You’ll need to keep your composure and gather some items at the scene. These are essential first steps.

WHAT FIRST STEPS SHOULD YOU TAKE IF YOU’RE INJURED?

As mentioned previously, medical attention is absolutely the first priority when you’re injured. After a traffic collision, you should also call the police. Find out how and when you can get a copy of their written police accident report.

If your injury happens at a hotel, restaurant, attraction, retail location, or public facility, report your injury to security or management. Most businesses and large facilities will ask you to complete a written injury report form. Be sure to make and keep your own copy.

Take photographs of the scene and photos of your injuries. In a traffic accident, take photographs of the property damages and the general location. Try to get the names of any eyewitnesses and a way to contact them. Later, your attorney may want their testimony or statements.

Store all of the pertinent photos, documents, and copies securely. Too often, an accident victim takes a personal injury case to an injury attorney without any photos, medical records, or any other way to prove a personal injury claim.

#3: EXAGGERATING THE FACTS REGARDING THE ACCIDENT AND INJURY

Exaggerating, misstating, or otherwise misrepresenting any fact or detail in a personal injury claim may have grave legal consequences. You could conceivably be prosecuted for fraud.

Fraudulent personal injury claims aren’t uncommon, but if your claim is going to prevail, it has to be as honest, as precise, and as accurate as possible. Do not make the mistake of misrepresenting what happened or exaggerating the severity of your injury.

Whenever someone seeks compensation for a personal injury or injuries, that person’s honesty will be questioned. Any misrepresentation could mean the failure of your claim. It might help you to write down the details about your accident and injury, and then stand by that account.

#4: LETTING AN INSURANCE COMPANY REPRESENTATIVE TALK TO YOU

If you’re injured in Louisiana because someone else was negligent, do not talk to anyone who represents the negligent party’s insurance company. Refer that person to your accident attorney.

You also must not record or sign a statement for that insurance company. Whatever you say might be twisted and used to discredit you. Don’t accept a quick settlement offer – it will probably be an amount far below what your claim is actually worth.

Instead, have a New Orleans personal injury attorney handle the negotiating on your behalf. Injury lawyers regularly negotiate personal injury settlements; that’s how most of these cases are resolved.

But if no acceptable settlement offer is made in private, out-of-court negotiating sessions, your attorney should be ready to take your case to trial.

THE BIGGEST MISTAKE: FAILING TO OBTAIN ADEQUATE LEGAL COUNSEL

You’ve learned four of the mistakes that the injured victims of negligence make far too frequently.

If you are injured because someone else was negligent, arrange at once to discuss your options and rights with a reliable Louisiana accident attorney. The failure to obtain adequate legal counsel immediately is perhaps the biggest mistake that injured victims of negligence can make.

The sooner an attorney is on the case, the better. Evidence can disappear, and witnesses can quickly forget details. Put your lawyer to work as soon as possible.

If you are injured in the state of Louisiana because another person was negligent, you are entitled to compensation. A good lawyer’s help is also your right. In fact, your future might depend on it.

If you’re injured here in the state of Louisiana because of someone else’s negligence – a distracted driver, a negligent property owner, or an irresponsible dog owner, for instance – take the case at once to an experienced New Orleans car accident attorney.

When you become the injured victim of negligence in this state, you are entitled by law to full compensation for your accident-related medical expenses, lost wages, pain and suffering, and more. But to prove you were injured because someone else was negligent, you’ll need legal help.

What’s more, after you’ve acquired a jury verdict or an out-of-court settlement for your injury, your compensation may be difficult to hold onto.

WHO HAS A RIGHT TO YOUR SETTLEMENT OR JURY VERDICT?

Here in Louisiana, after you obtain a jury verdict or a negotiated settlement for a personal injury claim, in some cases, health and automobile insurance companies, as well as healthcare providers, may have the right to a portion of your compensation amount because of medical liens.

What are medical liens? A medical lien is a demand for repayment against your compensation funds. In complicated personal injury cases, medical liens are not unusual.

After your personal injury occurred, if any other party agreed to pay all or some of your healthcare expenses – or withhold billing you until your claim was resolved – you will have to repay whoever paid your medical bills or agreed to bill you later.

SUBROGATION – WHAT IS IT?

The process of seeking reimbursement for medical expenses from someone’s personal injury compensation is called “subrogation.”

If somebody (such as your auto insurance company) pays money on your behalf that is a third party’s responsibility, the insurance company can “stand in your place” and bring a subrogation claim against the negligent third party.

For example, if your health insurance or auto insurance company pays $10,000 in medical costs as the result of a car accident caused by a negligent driver, the company can bring a subrogation claim against that other driver to recover your medical expenses that the company paid.

This may seem unfair. After all, you pay a monthly premium for your insurance policy. However, a look at the terms of the insurance policy will usually show that you’ve agreed to the insurance company’s right to file a subrogation claim.

WHO ELSE MAY FILE A SUBROGATION CLAIM?

Like insurance companies, hospitals and other healthcare providers in Louisiana – even ambulance services – are entitled to payment from your personal injury settlement or verdict if medical debts are pending or if billing was delayed until your compensation was recovered.

The law in Louisiana assures this state’s healthcare providers that they will be compensated. Healthcare providers and insurance companies in Louisiana have one year from the date of your injury to file a subrogation claim.

Healthcare providers and facilities may even ask a personal injury victim to sign a medical lien agreement. However, what’s called “balance billing” is prohibited in this state.

WHAT IS BALANCE BILLING?

Let’s say, for example, that a hospital lists $150 as the cost of a chest x-ray. A health insurer may contract with the hospital to cap payments for chest x-rays at $100. If the insurer tells consumers that it pays for 70 percent of a chest x-ray, it pays $70 while the patient pays $30.

No one, however, pays the remaining $50 of the listed charge, and a hospital in Louisiana cannot pursue a lien or any other claim against the patient for the remaining amount.

If Medicare, Medicaid, the Department of Veterans Affairs, or the state’s Office of Workers’ Compensation Administration paid any share of your accident-related healthcare expenses, they also have a subrogation right.

CAN A PERSONAL INJURY LAWYER HELP YOU?

Lien law is considerably complicated in Louisiana. So is personal injury law. If you’re injured by another person’s negligence in this state, in a traffic collision or in any other accident scenario, you must be advised and represented by an accomplished New Orleans personal injury attorney.

In some cases, it’s possible for a lienholder to be persuaded to settle for something less than the full amount of the lien.

Your personal injury lawyer might be able to negotiate with a healthcare provider for a lower figure, but healthcare providers expect and have the legal right to be paid in full.

WHEN SHOULD YOU TAKE LEGAL ACTION?

If you’re suddenly, accidentally injured due to someone else’s negligence in Louisiana, the state’s statute of limitations on personal injury claims gives you one year to take legal action. What you must not do, however, is wait for a year and then try to act at the last minute.

If you are injured by someone else’s negligence, you must put a qualified Louisiana personal injury lawyer on the case at once – as soon as you’ve been treated for your personal injury or injuries.

Do not agree to or sign any settlement without the counsel of a good injury attorney. Quick settlements are usually low settlements.

WHAT WILL AN ACCIDENT ATTORNEY DO ON YOUR BEHALF?

Let your accident attorney negotiate for more. If you settle your injury claim too soon, you’ll waive the right to additional compensation or legal action.

In fact, when an insurance company contacts you after an accident, don’t make any statement or answer any questions. Instead, refer the insurance company to your attorney.

Your injury attorney will investigate the accident and your injury, review the medical records and applicable insurance policies, and determine which party or parties are liable for the accident and your injuries.

HOW ARE MOST PERSONAL INJURY CLAIMS IN LOUISIANA RESOLVED?

Then your attorney will negotiate aggressively for the compensation you need. Most claims can be settled out-of-court, but if you are not offered the amount that you need, your attorney may recommend taking your case to trial and asking a jury to order the compensation you deserve.

As you’ve read here, obtaining a fair and just settlement or verdict is just the first step when you seek compensation for a personal injury.

For some injury victims, keeping your compensation may turn out to be more difficult than acquiring it. You will need an experienced Louisiana personal injury lawyer’s representation and advice. It is your right to have the legal help that you need.

If you are injured by another person’s negligence– in a traffic collision or any other type of accident – as soon as you have obtained medical treatment, you must contact an experienced New Orleans car accident attorney.

If you have been injured because someone else was negligent, the law in Louisiana entitles you to complete compensation for your accident-related medical expenses, lost wages, pain, suffering, and more. But what does it take to win the compensation that you are entitled to?

HOW DOES AN INSURANCE COMPANY’S INVESTIGATION BEGIN?

As soon as a personal injury claim is filed with an insurance company, an insurance adjuster will be assigned to the case, and that adjuster will begin scrutinizing the details of your claim.

The insurance adjuster is responsible for investigating the case, determining what the insurance company believes your claim is worth, and negotiating a settlement.

If you are filing a “third-party” claim with the company that insures the negligent party who injured you, probably the first thing that an adjuster will do upon receiving the claim is to interview the policyholder – that is, the person allegedly liable for causing your personal injury.

The adjuster will also want a copy of any official records generated by the accident – such as the police report – if you were injured in a traffic collision.

WHAT ELSE WILL AN ADJUSTER DO TO INVESTIGATE A CLAIM?

An adjuster’s first response to a claimant is usually a letter that explains what the specific insurance policy in question provides. The letter will also request from the claimant documents such as hospital bills, medical test results, and proof of property damages and other losses.

But that is only the beginning of a claims adjuster’s investigation. When you file a third-party insurance claim, the adjuster who gets the case will want to know exactly who you are and how the amount you are seeking can be reduced.

An adjuster will probably check your name against insurance claims databases to learn if you have any history of filing insurance claims. An adjuster will probably also look at your Facebook and Twitter accounts to see if anything “useful” to the insurance company can be learned there.

WHEN YOU FILE A CLAIM, HOW SHOULD YOU DEAL WITH SOCIAL MEDIA?

What could be posted on your Facebook page that an insurance company might find useful?

If you tell an insurance company that you were injured in a traffic collision, but your Facebook page shows that you were playing softball the next day – or that you fell off a ladder the day before – an insurance adjuster will have evidence that might be used to deny your claim entirely.

If you have been injured by someone else’s negligence, do not post anything online – and don’t remove anything that’s already there – until you have discussed the case and your rights with your personal injury lawyer.

A claims adjuster will need to see your medical records if you are making a personal injury claim, and these records can be decisive. If you file a third-party personal injury claim, the adjuster will probably send you a request for your authorization to obtain your medical records.

HOW MUCH SHOULD YOU COOPERATE WITH AN INSURANCE ADJUSTER?

Don’t sign any authorization without first consulting your accident attorney. You could be signing away rights or agreeing to something that will hurt your claim. Your attorney will explain precisely what is being requested and whether or not you should agree to it.

A claims adjuster also usually asks an injury victim to make a “formal” audio or video statement about the accident, how it happened, and how it has impacted your life. Don’t do it – until you’ve spoken with your attorney.

After a claims adjuster has asked all of the questions and examined all of the documents and other evidence, the adjuster will determine what the insurance company is willing to pay for the claim.

WHAT ELSE DO YOU NEED TO BE AWARE OF?

What else should you be aware of when an insurance company investigates your claim? New Orleans personal injury attorney Chip Cossé says, “Here are some of the things I’ve dealt with over the years” – investigator’s tactics that include:

1. Video surveillance: Video surveillance results in an invasion of privacy and when we subpoena the investigator’s billing records … they’ll deliberately withhold something that they try to spring on you in a mediation or trial.

2. Gathering of old medical records: They’ll try to say anything that the client is claiming as an injury to be pre-existing from some random, one-time thing that happened 10 years before.

3. Getting the client’s driving record: If there was a moving violation or past accident, the insurance company will try to claim the client is a bad driver and must somehow be at least partially responsible for the accident.

4. If there is a lost wage claim, they’ll get tax returns and employment records to show that a person either didn’t pay taxes or received cash, etc. to gain leverage by threatening to notify the IRS.

5. Doing a claims search to see how many personal injury claims they’ve had. If they’ve had more than one, they’ll try to paint him as a ‘professional plaintiff’ or ‘living off of lawsuits.’

6. Going on a witch hunt by trying to depose relatives to verify if the person is really that hurt.

7. (This one is the biggest) Stalking their social media sites: If they’re not private, that’s the first and most cost-effective thing they do. Not only will they look at the client’s pages, but also their friends to see if they’ve been tagged.”

WHO SHOULD HANDLE YOUR CASE IF YOU’VE BEEN INJURED?

If you have been injured, your attorney should answer all of the adjuster’s questions and handle any negotiations on your behalf.

If you were not injured, but you sustained damage to your vehicle or other property damages in an accident, it will probably be more expedient to handle the matter on your own. Vehicles come and go, but your health and your future are too important to risk.

Anyone injured by another person’s negligence in this state should reach out immediately to a Louisiana personal injury lawyer for legal guidance and representation. You should refer any questions or inquiries from the insurance company to your attorney.

WHEN SHOULD YOU ACCEPT AN INSURANCE COMPANY’S OFFER?

If you negotiate directly with an insurance company for property damages, you will probably want to reject the insurance company’s first offer. Why?

The first settlement offer from an insurance company is typically a very low offer. If you choose to negotiate for a more reasonable settlement, you will need receipts and any other pertinent documents to support your claim and to prove that the amount you are seeking is appropriate.

Don’t let any insurance company intimidate you. Negotiating for an adequate settlement of a property damage claim is your right. If the company’s first offer is not sufficient, negotiate. You will probably find that the claims adjuster is customer-oriented and professional.

When the evidence backs up your claim, you will likely receive the compensation that you need to replace or repair your vehicle or other damaged property.

Usually, if you have a straightforward property claim instead of a complicated personal injury case, your claim can be quickly processed and paid.

HOW CAN AN ACCIDENT ATTORNEY HELP?

If an insurance company avoids its responsibility to you when you negotiate a property damage claim, get some legal advice from a skilled accident lawyer.

You may have a “bad faith” claim against the insurance company, but such cases are rare, and most consumers have no trouble negotiating a property damage claim without an attorney’s help.

However, if you have been injured by someone else’s negligence, everything changes, and you are very much going to need an accident lawyer’s advice and assistance. It’s your right to seek and have that help, and if your injuries are serious, your future could depend on it.

Anyone can be injured suddenly and unexpectedly, and it does not have to happen in traffic. Every day, someone suffers an unexpected dog bite or slips on spilled liquid at a supermarket, and a serious personal injury is a result. A spinal cord injury law firm can help.

You could even be injured by a defective power tool or by a faulty appliance in your own home.

If an insurance company can prove that you were not in fact injured because their policyholder was negligent, and if the company can prove instead that your injury actually happened prior to the accident in question, the company may not be required to compensate you.

CAN YOU BE COMPENSATED IF YOU HAVE A PRE-EXISTING INJURY?

Nevertheless, you may still qualify to be compensated after an accident if you have a pre-existing injury or medical condition that was noticeably exacerbated because of the accident.

To obtain just compensation, you will have to prove that the accident was a direct cause of the decline in your medical condition.

In the state of Louisiana, if you are injured in any way by a negligent person in any kind of accident, you will need the legal guidance and representation that an experienced New Orleans personal injury attorney can offer.

WHAT CONSTITUTES A PRE-EXISTING INJURY OR MEDICAL CONDITION?

Pre-existing injuries or medical conditions may be physical or psychological. A pre-existing condition might be something like, for example, high-blood pressure, a heart condition, clinical depression, asthma, or type-2 diabetes.

A pre-existing injury is any old injury that still occasionally causes pain and irritation or that never fully or properly healed. It could be an arm, leg, back, neck, or head injury.

You must be absolutely honest and forthright with your personal injury lawyer regarding any pre-existing medical condition or injury. Full disclosure lets your attorney work effectively with medical experts who can prove that your condition was exacerbated because of the accident.

WHY IS FULL DISCLOSURE OF YOUR MEDICAL HISTORY IMPERATIVE?

Failing to make full disclosure to your attorney regarding a pre-existing medical condition or injury could severely damage your chances of acquiring compensation. Adhering entirely to your attorney’s advice and recommendations is always the best strategy in these cases.

While a pre-existing medical condition or injury may mean that a person is more likely than someone else to be injured, that person has as much legal protection – through the legal principle of “equal protection under law” – as someone without a pre-existing medical condition or injury.

WHAT IS THE “EGGSHELL PLAINTIFF” RULE?

In Louisiana state law, the “eggshell plaintiff rule” helps explain how the aggravation of pre-existing injuries and medical conditions is handled in personal injury cases. Under this rule, plaintiffs must be considered individually “as they are” in terms of their personal health.

When a defendant’s negligence exacerbates someone else’s pre-existing medical condition or injury, the defendant may be ordered by the court to compensate the victim to the extent of the exacerbation.

Your medical records can provide powerfully persuasive evidence regarding any pre-existing medical conditions or injuries – and how they may be aggravated as the result of an accident.

WHAT WILL YOUR MEDICAL RECORDS NEED TO INDICATE?

Ideally, your medical records should be detailed and comprehensive. Documentation prior to the accident should describe how severe the original injury or illness was and how it affected your life.

Medical records created subsequent to the accident should illustrate how the accident has exacerbated your pre-existing injury or illness, should list the symptoms you experienced after the incident, and should indicate how the aggravated injury or condition has affected your life.

Your accident attorney will need your medical records, diagnostic test results, and probably a statement from your physician. In some cases, your accident attorney may ask a medical expert witness to testify before the court or to provide a statement on your behalf.

HOW HAVE LOUISIANA COURTS RULED IN THESE CASES?

How the eggshell plaintiff rule applies in this state was clearly demonstrated by Louisiana’s Third Circuit Court of Appeal in the case of Augustine v. State Farm Mutual Automobile Insurance Company.

In that case, a 74-year-old woman was driving at a low speed when her Mercury Grand Marquis was struck from behind by a Mini Cooper. The woman was awarded $50,000 in a personal injury trial – after jurors heard expert testimony – although there was no damage to the vehicles.

Prior to the accident, the woman suffered from arthritic pain, but subsequent to the collision, she testified that she now experienced more frequent and more severe pain.

The Louisiana Third Circuit Court of Appeal upheld the trial court’s judgment, and in 2012, the Louisiana Supreme Court agreed.

HOW WILL AN ACCIDENT ATTORNEY HELP YOU?

A skilled personal injury lawyer will know how to show a jury that a pre-existing injury or medical condition was exacerbated by an accident.

Far too often, people who have pre-existing injuries or medical conditions fail to take advantage of their rights. They presume that a pre-existing injury or medical condition will disqualify them for compensation after an accident that exacerbates that injury or condition.

That presumption is wrong. Everyone has equal protection under the law. You have rights, and if you are injured by negligence, you should exercise those rights. The laws are different in states like Utah, so it is best to speak with a Utah personal injury lawyer for more info.

IF YOU’RE INJURED BY NEGLIGENCE, WHAT ARE YOUR RIGHTS?

Particularly in Louisiana, where the state’s Supreme Court has spelled out the rights of those with pre-existing injuries or medical conditions, if you are injured – or if your health declines – because someone else was negligent, talk to a lawyer with substantial personal injury experience.

A qualified personal injury attorney will protect an injury victim’s rights, gather the evidence, work with medical experts, and fight aggressively for the compensation and the justice that an injury victim needs.

If you are accidentally injured in the state of Louisiana by someone who’s negligent, and if your medical condition deteriorates in any way as a result of that accident and negligence, arrange at once to speak to an accident attorney.

That is your right. Your first meeting with an accident attorney is free, so it costs nothing to learn more about your rights. If your health is at stake, you must get the legal help you need – at once.

You can sustain a mild-to-severe traumatic brain injury if your head is impacted, suddenly jerked or yanked, or penetrated by an object.

Every year, more than a million people in the United States suffer a traumatic brain injury. One in five brain injuries are sustained in traffic accidents. Many of those are rear-end accidents.

And even without a direct impact or blow to the head, whiplash in a rear-end accident can sometimes cause a brain injury. This is where a brain injury lawyer can help.

HOW DOES A BRAIN INJURY HAPPEN?

When the head is suddenly tossed back and forth, the brain actually collides against the skull, stretching and damaging nerve fibers and additionally damaging the ability of brain cells to communicate with one another.

The brain essentially “floats” inside the skull, so when the head is suddenly impacted or tossed back and forth, the brain does not simply sit motionless. It “bounces,” colliding with the skull, usually several times, and bruising and tearing brain cells.

If the skull strikes a steering wheel, windshield, concrete, or auto wreckage, the brain will crash into the skull with substantial force. Because the brain is floating, it continues to move after the head’s motion has stopped.

In a severe collision, the brain can actually bleed at its point of impact within the skull. If the occipital lobe – the rearmost lobe in each cerebral hemisphere of the brain – is damaged, a victim will probably suffer vision problems.

WHAT TYPES OF BRAIN INJURIES HAPPEN IN REAR-END CRASHES?

What types of brain injuries do victims most frequently suffer in rear-end collisions?

Concussions: Concussions account for about three out of four brain injuries. Symptoms include nausea, disorientation, dizziness, and memory problems. While mild concussions can cause life-long medical trouble, in most cases, a concussion heals in several months.

Unconsciousness: When you sustain a brain injury, you’ll probably lose consciousness for at least several minutes, but some victims lapse into long-term comas. In most cases, the longer someone is unconscious, the more severely that person has been injured.

Post-traumatic amnesia: A patient who suffers from amnesia is probably quite seriously injured and may not realize it. Amnesia patients need monitoring – and if possible, a lot of contact with family members and friends. Rehabilitation will take considerable time.

When the brain sustains direct trauma, secondary injuries can also develop over time:

For example, when a blood vessel tears or a tissue is injured, blood can build up inside the skull – a hematoma – and bleeding can happen there days after the accident and initial injury.

Edema – when swelling happens within the brain – can damage the brain’s blood circulation. Drugs may ease the pressure, but surgery is sometimes required.

CAN BRAIN INJURIES HAPPEN EVEN IN LOW-SPEED COLLISIONS?

A brain injury must not be ignored and must not go undetected. Serious brain injuries happen frequently in rear-end traffic collisions, even in low-speed crashes where there’s no noticeable damage to the vehicles.

How can that happen? Autos and SUVs absorb almost no impact force in collisions below twenty miles-per-hour, so that force transfers to the impacted vehicle’s occupants, often causing whiplash, tissue damage, and brain and spinal cord injuries.

What you need to know – pay attention, because this is important – is that the injuries most often suffered in rear-end collisions are precisely the kinds of injuries that are easy to ignore and hard to detect.

Whiplash, spinal injuries, and internal bleeding in the brain can take several days or even weeks to develop and emerge as a serious medical condition.

WHY IS A MEDICAL EXAM IMPERATIVE AFTER A TRAFFIC COLLISION?

You must seek medical attention at once after a rear-end crash – even if you don’t think you’re injured. A medical exam from a doctor or another healthcare professional will safeguard your health and protect you legally if you subsequently pursue a personal injury claim.

If a brain injury develops days or weeks after a rear-end accident, you must be able to prove that you were injured in the accident.

If you can’t prove that, you cannot be compensated.

That’s why you must obtain medical treatment immediately after any vehicle collision – even if you feel spectacular – and you must be examined again if any symptoms emerge days or weeks later.

HOW SHOULD INJURY VICTIMS DEAL WITH AN AUTO INSURANCE COMPANY?

If you’re injured in a rear-end collision but your vehicle has little or no damage, an auto insurance company may try to deny your claim, or the company may make a settlement offer that’s far below the compensation amount you need.

If you have been injured in a rear-end accident, do not speak to, listen to, or deal in any way with an insurance company on your own.

Instead, here in Louisiana, let an experienced New Orleans personal injury attorney handle your insurance negotiation and settlement. Most personal injury cases are settled out-of-court, so you may not even need to appear in a courtroom.

WHAT DO INJURY VICTIMS HAVE TO PROVE TO WIN COMPENSATION?

In a personal injury case arising from a rear-end collision, the injured victim – the plaintiff – must prove that he or she was injured because the allegedly at-fault driver – the defendant – was negligent.

With the medical evidence and a personal injury lawyer’s help, the plaintiff must prove that the personal injury or injuries actually in fact happened and that the defendant’s negligence was a direct cause of the personal injury or injuries.

A personal injury lawyer is a trained and seasoned negotiator who will fight tenaciously for the compensation – and for the justice – that a victim of negligence will need.

HOW CAN YOU AVOID A REAR-END COLLISION?

Any time you drive, another driver could collide with you, but here are some recommendations for reducing the likelihood of rear-end collisions and the injuries that accompany them:

Ensure that your brake lights work properly at all times. It may be inconvenient, but you really should check your brake lights daily if you drive daily.

Pay complete attention to traffic in front of you. That way, if you must stop, you can stop gradually without slamming the brakes – and surprising the driver behind you.

Check your mirrors frequently, and if you must stop, be sure that the driver behind you is stopping too.

Never, ever tailgate or follow another vehicle too closely.

In the New Orleans area or anywhere in the state, if you are injured by a negligent driver in a rear-end collision, get medical attention at once, and then take your case – as quickly as possible – to an experienced personal injury attorney who will fight for your rights.