Louisiana Car Accident Legal Questions

Absolutely not. Under Rule 1.2(a) of the Rules of Professional Conduct set out by the American Bar Association, which every attorney is bound by, "[a] lawyer may take such action on behalf of the client as is impliedly authorized to carry out the representation", but "[a] lawyer shall abide by a client's decision whether to settle a matter." The decision to accept or reject a settlement is solely the decision of the client. The attorney must convey all settlement offers to the client and, if the client expressly authorizes the attorney, they may accept a specific amount for the client, but the decision is the client's. Now something else to consider, if the accident occurred on November 21, 2019, under Louisiana law a lawsuit for tortious injuries must be filed within one year of the accident or injury to preserve the injured party's right to recover. So, if the suit has not yet been filed, it should be filed as soon as possible. If the suit is not timely filed, the right to recover damages will be lost. Could it be that your attorney is calling to have you sign a verification of a petition to be filed?... Read Answer

The way I would this question is that as long as you are on probation, you are subject to being violated. You should always try to complete all conditions of your probation as quickly as you can so that there is the possibility you can ask the Court to terminate your probation early. In contrast, if you do not complete your conditions of probation before the period of probation ends, then the Court could further extend your period of probation thus subjecting you to a longer period in which you could be violated. Having an attorney while on probation is always a good recommendation so that you can explore the possibility of having your probation terminated satisfactorily early and/or your probation terminated satisfactorily even if you have not completed all of the conditions of your probation.... Read Answer

You can always fire your attorney at any point.  However, in an auto accident case where the attorney's fees is likely contingent on a recovery, if you discharge him after having put work into the case, your discharged attorney is still entitled to a percentage of the recovery based on the work he had already put into this case.  This can make it more problematic for another attorney to want to jump in the middle now knowing that your new attorney's fee will likely be disputed by the prior attorney.   Simon W. Johnson   swj@swjlawoffice.com Law Office of Simon W. Johnson Martindale, Avvo, Justia, LawGuru LinkedIn, Twitter, Facebook Serving Cleveland and Ohio, 44124 ... Read Answer

John Bisnar You can sue someone for more than their policy limits. You can not sue the auto insurance company.  They are not liable to you.  Their obligation is to protect their insured.  They have no real duty to you. Back to suing the at-fault driver.  The real question is, “If you successfully sued the at-fault driver, are you likely to collect from him/her?”  Usually the answer is no, you can’t reasonably collect.  They can file bankruptcy right up until the time you attempt to collect.  Going through a trial to get a judgment is not an easy task and it is expensive, even in a clear liability situation. You can not collect the $25,000 and then sue.  Once you collect the insurance proceeds you have waived all other claims against the at-fault driver. The last time I checked, Louisiana had one of the shortest time periods in which to bring a personal injury lawsuit, one year from the date of the injury.  You need to discuss this matter with a very experienced and reputable Louisiana car accident attorney to determine what is in your best interest. John Bisnar Bisnar|Chase, Car Accident Attorneys California Trusted Professionals.  Proven Results. www.BestAttorney.com 800-956-0123... Read Answer

John Bisnar There are dozens of possible reasons why it is taking so long for you to get paid.  Some times insurance companies will take as much as 60 days to get the settlement check out.  If there are liens against your recovery, especially from governmental agencies it can take extra months to clear the liens and get paid. Your best bet is to sit down with your car accident lawyer and ask him/her when you are going to see your money and why it is taking so long.  You have a right to know.  Since you are the client, they have a duty to explain it all to you. John Bisnar Bisnar|Chase, Auto Accident Attorneys Trusted Professionals.  Proven Results. www.California-Lawyer-Attorney.com 800-956-0123... Read Answer

John Bisnar Yes, the insurance company can refuse to pay anything further after the statute of limitations has run.  Check with a local personal injury attorney to see if any of the exceptions to the statute of limitations apply to your situation. A statute of limitations is a law that sets a time limit after an event within which legal proceedings based on that event may be initiated.  After the passage of the time limit the courts have no jurisdiction over claims arising out of the event. Once the statute of limitations passes, generally insurance companies will not honor a claim because the injured party's legal right to be compensated has expired. It is common for insurance companies to employ different strategies to facilitate the failure of claimants to file their claims timely. John Bisnar BISNAR|CHASE, Personal Injury Attorneys www.BestAttorney.com 800-956-0123... Read Answer

It sound like the insurance company is being unreasonable. If the police report is 100% in your favor they should pay 100%. I suggest you talk to your own insurance company to see if they can help. If not you can always go to small claims court and let the judge decide. It will be up to the judge and not up to the insurance company.   Good Luck... Read Answer

If you were driving out the gate, there was sufficient room to go through and you hit the gate, you would be primarily liable for the damage to your vehicle and the gate.  Much depends upon the reasonableness of your actions and the actions of the apartment complex.  The apartment complex has a duty to make the situation safe under the circumstances.  If they did so and you simply hit the half open gate upon exiting, then you would be liable.  Depending upon the amount of damage to your vehicle compared to your auto insurance deductable, you may want to fix the damage at your own expense or turn the matter over to your auto insurance company.... Read Answer