In any personal injury case, you only deserve compensation if you can prove you were injured.

Well, what happens when you were already suffering from an injury when someone's negligence injures the same part of your body again?

Let's say before an accident, your back hurt, and after the accident, your back still hurts, but this time worse?

Should the victim get nothing?  Under La. law, 2 rules apply:

The person who causes an accident "takes his victim as he finds him."  That means, if someone is in a fragile or weakened condition to begin with, if an injury causes them greater harm than the same injury would cause to a healthy person, the wrongdoer buys that injury.

The other rule is, he is responsible for the "Aggravation of any Pre-existing Condition" to the degree he makes the condition worse.

Sometimes that's very difficult to prove, legally and medically, and you'd need an experienced lawyer to do so.

I'm attorney Greg DiLeo, and this has been your legal minute.

You need to know that in Louisiana, when you make a personal injury claim, you're entitled to 3 basic items of damages:  Lost wages, medical bills and pain and suffering.

Lost wages and medical bills are fairly easy to figure out.  They're dollar for dollar what you can prove with competent evidence.

But pain and suffering is different.  The value of pain and suffering depends on a number of factors such as how long you are under medical treatment, and whether your injuries affected your day to day activities. But it can be complicated.

Because of the complexities of personal injury litigation, and the strength and experience of the insurance industry, you'll need an experienced lawyer to "level the playing field" and "talk their language."

So always consult an attorney before trying to deal with another person's insurance company.

This is Attorney Greg DiLeo, and this has been "Your Legal Minute."

You need to know that in Louisiana, when you make a personal injury claim, you're entitled to 3 basic items of damages:  Lost wages, medical bills and pain and suffering.

Lost wages and medical bills are fairly easy to figure out.  They're dollar for dollar what you can prove with competent evidence.

But pain and suffering is different.  The value of pain and suffering depends on a number of factors such as how long you are under medical treatment, and whether your injuries affected your day to day activities. But it can be complicated.

Because of the complexities of personal injury litigation, and the strength and experience of the insurance industry, you'll need an experienced lawyer to "level the playing field" and "talk their language."

So always consult an attorney before trying to deal with another person's insurance company.

This is Attorney Greg DiLeo, and this has been "Your Legal Minute."

We've all seen him:  "The Waving Driver."  That's the guy that waves you through an intersection when you can't see what's coming, or the lady that motions for you to turn or cross in front of her first, even though she has the right of way.

Most people think they can rely on that.

If a waving driver motions for you to cross an intersection when you can't see,  you'll be at fault, not him, when it turns out that a surprise car was coming.  The case of Lennard vs. State Farm decided those facts.  The driver who couldn't see got sued by the surprise car, and he tried to defend the suit by relying on the waving driver's actions.  The Court said "NO," because in order to make that defense work, he had to prove, among other things,  that

1)the "waver" did indeed make the signal

2)that the "waver" intended to convey that he had checked for traffic, and

3)that the "waver" intended to show that it was entirely safe to cross the street.

These things are almost impossible to prove, so be careful out there.

This is attorney Greg DiLeo, and this has been Your Legal Minute.

A client, Mary, sent me an email asking this question:

Can a passenger in a car sue the driver of that car for damages if she is injured in an accident?

The simple answer is "Yes," if it's not someone in your family, and if you're not listed as an insured on that policy.  In Mary's case, it was her best friend driving her own car, so Mary can make that claim.

 But most homeowners and automobile insurance policies exclude claims against other people in the same household, or between spouses or parents and kids. So read your policy carefully, or check with your agent.

But in any case,  if your driver is not at fault, you can always make a claim against his insurance company for uninsured motorist benefits.  It depends on the facts, and you need a qualified attorney to review your case.

So thanks for the email, Mary. 

This is attorney Greg DiLeo, and this has been Your Legal Minute. 

You've heard me harp on this topic before:  The importance of having Uninsured Motorist Coverage.  There is no greater need for UM coverage than when you're injured in a hit and run accident.

The usual reasons people flee an accident scene are because the vehicle was stolen, or the driver let his insurance lapse, or intoxication.  Except for intoxication, the vehicle is often uninsured, and the only way you can recover is by making a claim under your own UM coverage.  It's what you pay premiums for, so use it!

People  are often frustrated when they can't collect from the wrongdoer.  But remember, if the person fled the scene, chances are they don't own a mansion.

The legal system is designed to provide you with compensation, and it does not always care about where the money comes from, as long as you're compensated.  That's where an experienced personal injury attorney comes in.  But we can only help if there's insurance coverage. 

I'm Attorney Greg DiLeo, and this has been Your Legal Minute.

When an experienced lawyer considers taking a medical malpractice case, there is an economic evaluation we go through. The first consideration is - are the injuries severe enough? Case expenses for a lawyer are so high in a malpractice case that the victim's injuries would have to be monumental, or it could cost more in expenses to prove the case than you would recover in damages for your injuries. Such a case would not be economically feasible.

So for most lawyers, it's not worth the financial risk unless the injuries are catastrophic. Then the next consideration is - was there malpractice? Medical malpractice cases are some of the most difficult to prove and win. The plaintiff has to prove that substandard conduct caused his injuries.

The only way to know if your case is economically feasible is to contact a good lawyer and ask.

I'm Attorney Greg DiLeo, and this has been "Your Legal Minute."

You know, in car accident cases, one of the most common mistakes I see clients make is trying to save a couple of bucks on their car insurance by rejecting an important type of coverage called "Uninsured Motorist"  or "UM" coverage.

UM coverage applies when the driver of the car that caused your injuries is uninsured or, more commonly,  does not have enough insurance.

When you have UM Coverage, it kicks in not only when the other driver is uninsured, but it also acts as another layer of money when the other driver's insurance is too low to pay for all of your damages.

So, don't be  "penny wise and dollar foolish." Demand full coverage from your agent.  After all.  I can't help you if there's no one there to pay for your injuries.

This is Attorney Greg DiLeo, and this has been 'Your Legal Minute."

A Legal Presumption is defined by the La. Code of Evidence. Simply stated, it's a fact that the judge or jury in a case must find to be true unless the other party can show otherwise.

When car accidents happen, there are some presumptions that help us figure out who's at fault.

The most common one is the "Rear End Collision," where the following driver is automatically presumed to be at fault.

Others are "The Right of Way." If you are driving with the right of way, and someone on an inferior street, like a side street, collides with you, they are in the wrong, because you had the "right of way.

If a "Left Turning Vehicle" is involved in a collision, they are almost always at fault.

The same is true of the vehicle that is "Changing Lanes" or "Backing Up." Such a vehicle is presumed at fault in most cases.

But those presumptions can be rebutted. To know your rights, contact an attorney.

I'm Attorney Greg DiLeo and this has been Your Legal Minute.

What to do if you've been involved in an 18 Wheeler accident

18 Wheeler Need for Immediate Representation

The most successful 18 wheeler accident cases I've handled were the ones where I was called and hired right after the collision happened. That's because I was able to advise my clients on how to preserve evidence to prove their case. I was able to make sure the police were called to investigate the scene, measure skid marks, take statements and assess the extent of the property damage.

Modern trucks even have devices that allow for reconstruction of the trucker's actions just before an impact. That's why the best lawyer is one who knows trucking cases, and the legal means to preserve and use the right evidence at trial.

The least successful 18 wheeler cases I've had were the ones where there was no police report. In every single one of those cases, the truck driver later changed his story about how the accident happened, and the trucking company denied liability.

So don't be a victim twice. Call a lawyer.

I'm Attorney Greg DiLeo, and this has been "Your Legal Minute."

(Statute of Limitations)

Prescription in Medical Malpractice Cases

Most of the cases I turn down are medical malpractice cases that are brought too late, or "prescribed." To make a claim for malpractice, the general rule is that you have 1 year to file the claim. But, the law lets you file a claim up to a maximum of 3 years later - if you did not know that malpractice occurred.

I once handled a wrongful death case for a young woman who died from lung cancer. A chest x ray was taken when she had her youngest child. The hospital said the x ray was normal. Almost 3 years later, another chest x-ray was taken when she became ill. It showed lung cancer. On closer inspection, that first x ray 3 years earlier showed the first sign of her cancer. We successfully prosecuted that case because the law allowed us to file within 1 year after the 2d x ray was taken. You should consult with a legal expert to find out the time limits that apply to your case.

I'm Attorney Greg DiLeo, and this has been "Your Legal Minute."

(Statute of Limitations)In Louisiana, we have a very short time limit of only 1 year in which to file a wrongful death claim due to an accident. In most cases, if you fail to file the proper papers by the 1st anniversary date of the accident, you lose all your rights forever, no matter what. In Louisiana, that time limit is called "Prescription," and it's equivalent to the term "Statute of Limitations" used in other states.

While some states allow people many years to file a claim, in Louisiana, you've got to file a petition for damages within 1 year of the accident. And if you don't, you have no case. It becomes "Prescribed!"

But like many laws, there are notable exceptions to the one year rule such as in medical malpractice actions, where that 1 year time limit can extend to 3 years.

But don't guess. Find a good lawyer, and ask. Know your rights.

I'm Attorney Greg DiLeo, and this has been "Your Legal Minute."

When there's a chain reaction of rear end collisions with 3 or more cars,  the only person who can easily prove that he's free from fault is the first person in the line.  But is the last car in line at fault alone or is fault shared with the middle car?  That dispute can send what should be a simple case into lengthy litigation, with the insurance companies for the middle and last cars blaming each other's drivers in an expensive swearing match.

To determine fault, we look to the number of impacts felt by the first driver.  If there's only 1 impact, that means the last driver knocked the middle car into the first in line.  In that case, all the blame is on the last driver.

If the first driver feels 2 impacts, that means he was rear ended by the fault of the middle driver first, and the fault is shared.

It's important to hire an attorney early on to take statements from the drivers as soon as possible

I'm attorney Greg DiLeo, and this has been Your Legal Minute.

When a family experiences the tragic loss of a loved one in an accident, they often turn to the courts for compensation in a "Wrongful Death Case."

But no matter how close certain family members are to the victim, some may be excluded entirely from claiming that loss. When a family experiences the tragic loss of a loved one in an accident, they often turn to the courts for compensation in a "Wrongful Death Case."

The Louisiana Civil Code sets out 4 categories of people who can make Wrongful Death Claims, and the way the law works, if only one person in a category is able to make the claim, then no one from any other category can. When a family experiences the tragic loss of a loved one in an accident, they often turn to the courts for compensation in a "Wrongful Death Case."

The first category includes the surviving spouse and children of a deceased. If any of them exist, then the other 3 categories of parents, brothers and sisters and grandparents are all excluded from making a claim, regardless of how close they were to the deceased. When a family experiences the tragic loss of a loved one in an accident, they often turn to the courts for compensation in a "Wrongful Death Case."

In almost all cases, the people who can make the wrongful death claim have only 1 year to do so. If you're not sure, consult an attorney. When a family experiences the tragic loss of a loved one in an accident, they often turn to the courts for compensation in a "Wrongful Death Case."

I'm Attorney Greg DiLeo, and this has been "Your Legal Minute."

Can a lawyer make you accept a personal injury settlement if you don't want to settle? No. A settlement is only binding in Louisiana if you accept the settlement in writing. Without that written consent, usually evidenced by a "release," the settlement is not binding.

A few years ago, I represented a woman whose lawyer accepted a settlement without her knowledge, endorsed her name to the settlement check and stole her money. Needless to say, that lawyer was permanently disbarred and went to jail, but the insurance company refused to pay the settlement again, claiming that it wasn't their fault that her lawyer stole the money. That may be true, but we were successful in convincing the Court to order the insurance company to pay the client the money again, because without her written consent, there could be no settlement.

The moral of this story is to choose a lawyer with integrity that you can trust.

A client by the name of Jacob called me the other day with some bad news.  He was injured in a car accident a few months back.  Fortunately, he recovered from his injuries, but he had medical bills and some lost wages.

Now Jacob was completely free from fault in the accident.  The defendant admitted fault.  But Jacob didn't have car insurance at the time of his accident.  He was planning to get it the next day.

I had to explain to Jacob about the "No Pay No Play" Statute..

La. R.S. 32:866 (A)(1) says that if you don't have liablility insurance in effect when you're in an accident, you can't recover the 1st $10,000 of your damages for injuries or property damage.  In other words, if you don't pay for insurance, you can't play the personal injury game. 

While there are some exceptions to the no pay no play rule, don't take chances.  It's another reason why it's so important to follow the law. 

I'm Attorney Greg DiLeo, and this has been "Your Legal Minute.";