Frequently Asked Questions

Absolutely. But your award will be reduced by the percentage of negligence attributable to you.

Never, until your injuries are completely resolved and you have reviewed the release with your lawyer.

You can expect to be questioned about your background, the events causing you injury, your injuries, your doctors’ names, previous accidents involving injury, criminal record and the identity of those persons who witnessed the events.

Medical bills form the basis of your injury claim. Medical expenses are considered special damages and are included with general damages such as pain and suffering and mental anguish.

Yes. Healthcare insurers can place a lien on your injury case which requires repayment from your settlement funds.

No. A lawyer must have the authority from the client to resolve the matter.

If your personal injury award is against an insurance company and the insurance limits are sufficient, they will pay you. If the defendant’s insurance is not sufficient or they don’t have insurance, you will have to make an uninsured/underinsured motorist claim on your own policy.

Commercial litigation is a broad term that generally covers legal disputes involving businesses or business owners. For example, partnership disputes, breach of contracts and unfair trade practices claims.

Your business is your livelihood and the livelihood of your family and employees. If it is exposed to significant financial risk, or has been sued or needs to bring a lawsuit against a company, you should consult with an experienced commercial litigator. Time is of the essence and can be the difference between success and failure.

Commercial and Business litigation comes in a variety of forms. Most businesses have a general liability policy that covers the defense and costs for premises liability claims, such as slip and fall accidents that occur on their premises. But when your business contracts with another business to perform work or complete a transaction, and the other business does not hold up its end of the bargain, Commercial and Business litigation is the general practice area that encompasses these type of disputes.

In Louisiana, mediation and arbitration are alternative dispute methods. Mediation is generally not binding and occurs when both parties are have an interest in resolving their dispute and agree to appear before a neutral third-party to help resolve their differences. Arbitration is generally binding between the parties and is used to bring the dispute to a final resolution. If both parties agree to binding arbitration, an arbitrator, usually a lawyer or former judge, makes a final determination of the matter after it has been heard. That final determination is not appealable.

In Louisiana, contracts can be written or verbal. Certain contracts must be in writing to be valid, such as the transfer of property. In addition, in order to have a valid contract, certain factors must be met. In order for a contract to be valid, the persons/parties must have the capacity to consent and freely/voluntarily do so.

An individual or business breaches a contract if it fails to perform in accordance with the contract’s terms. At that point, the non-breaching party can demand that the breaching party perform and also recover damages caused by the breach.

Non-compete agreements are controlled by Louisiana statute La. R.S. 23:921. A non-compete agreement limits a former employee or partner from engaging in business similar to their previous employer’s within a specified geographic area for a maximum of two years after employment. Non-compete agreements are useful to protect your company from losing employees to competing businesses or losing business due to competition from a former employee that you trained.

Absolutely. Louisiana recognizes verbal contracts.

A complex business dispute generally involves multiple parties and potentially multiple lawsuits in different venues.