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

Medical bills are calculated to form the basis of your injury claim. These are considered special damages as opposed to general damages such as pain and suffering and mental anguish.

Yes. Healthcare insurer’s can place a lien on your injury case and are required to be paid 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.

If your business is your livelihood for you, your family and employees and it becomes exposed to financial risk or ruin; you have been sued or need to bring a lawsuit against a company; you need to immediately consult with an experienced commercial litigator. Time is of the essence and can be the difference between victory and defeat.

Commercial/Business litigation come in a variety of forms. When a business is sued for causing injury such as a slip and fall, most businesses have a general liability policy that covers the defense and costs for those claims. When your business contracts with another business to perform certain duties or labor and that company fails to perform, it is likely going to cause your business to be in a dispute. Commercial/Business litigation is the general practice area which encompasses these type of disputes.

In Louisiana, mediation and arbitration are alternative dispute methods. Mediation is generally the precursor to arbitration and is generally not binding. In mediation both parties are usually interested in resolving their dispute and agree to appear before a third-party neutral 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.

Assuming the contract is valid, when one party fails to perform in accordance with the agreement, that party can be deemed to be in breach. At that point, the non-breaching party can demand that the breaching party perform and also recover damages.

Non-compete agreements are controlled by statute, specifically, La. R.S. 23:921. A non-compete controls the employee/partner actions after they have been terminated or have resigned from the company. They can only control for a maximum of 2 years after employment. Non-competes are particularly useful for companies that have key employees to avoid them from quitting and opening a business that directly competes.

Absolutely. Louisiana recognizes verbal contracts.

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