Frequently Asked Questions

The Law Governing Maritime Work Can Be Just As Complex As The Work Itself.

One such law, known as the Limitation of Liability Act, is a federal law that is meant to provide some protection to a shipowner. This Act, which was enacted in 1851, is/was meant to promote and protect American shipping and to allow American ship owners to compete against foreign shipowners. Put simply, if a claim is made against the ship, the Act lets the ship “limit” her “liability” to a certain value that can, unfortunately, leave an injured party without full compensation for his/her injuries. In order to pursue this limitation, the owners of the vessel will file a Limitation Action on their own (which means an injured worker may be on the receiving end of the legal pleading), or they will raise it as a defense against the claim(s) of the injured personnel. But either way, this usually results in a delay or prolonged process since it has to be adjudicated, or decided by the Court.

A knowledgeable maritime attorney knows, however, that are ways to argue that this limitation shouldn’t apply to your case. For instance, if the shipowner knew, or should have known, of the acts of negligence or unseaworthiness that caused the accident, then the Limitation will not apply and the value you can recover may be greater. But this often requires extensive investigation and an understanding of the maritime industry and the law that controls it. If you have been served with a Federal Court limitation action, or have additional questions about how a potential limitation might impact your maritime injury case, feel free to call our maritime attorneys.

One question you may regularly have regarding your maritime injury and which our maritime attorneys get regularly is if your maritime settlement is taxable? The answer is generally no.

The IRS Code Section 104 states that any money you receive on account of a maritime personal injury is not considered income to you that year, as follows:

“Section 104(a)(3) states that except in the case of amounts attributable to (and not in excess of) deductions allowed under ‘ 213 for any prior taxable year, gross income does not include amounts received through accident or health insurance (or through an arrangement having the effect of accident or health insurance) for personal injuries or sickness (other than amounts received by an employee to the extent such amounts are attributable to contributions by the employer which were not includible in the gross income of the employee or are paid by the employer).”

If you make a claim for a maritime injury and your maritime injury claim settles, the money is likely not going to be taxable to you. However, an experienced maritime lawyer knows it would be preferable to specifically delineate that all monies paid in your maritime injury settlement were paid for your personal injuries. Our maritime attorneys always protect our clients by making sure that this language is in their settlement documents.

If you’re injured on the water or suffer an offshore maritime injury and receive a Jones Act settlement, take care to make sure you talk to your maritime attorney about this. He or she should know this type of information.  Call us if you have any questions about whether the money you may get through the Jones Act due to a maritime injury or offshore injury is going to be taxable to you. Our maritime attorneys are here and ready to represent you in your injury claim.

How do I pay for attorney fees in a personal injury claim? 

In Louisiana, almost all attorneys handling personal injury claims charge a contingency fee, meaning the law firm charges a percentage of any monies recovered on your personal injury claim. The law firm takes the risk of financing your costs and ensuring you are provided medical care for your injuries.

How do I pay for medical care associated with my personal injury claim?

There are many different factors to consider on how to pay for medical care associated with your personal injury claim, especially since Louisiana’s recent enactment of various statutes which have changed the amount of your medical bills which are recoverable in your case when using either Medicaid, Medicare, or your private health insurance. In many instances, it is to your advantage in your claim to utilize other structures for medical care to ensure you maximize recovery in your case. Having a skilled personal injury attorney familiar with all the above is key ensuring your claim is properly managed and maximize your possibility for recovery.

How do I know what my personal injury claim is worth? 

Your claim’s value is somewhat connected to the extent of your injuries and the amount of medical treatment you have received. Additionally, your claim’s value is connected to a study of “quantum,” which shows what other similar cases and injuries have either been paid through settlement or jury verdict. An experienced personal injury attorney should have a good understanding of the venue of your claim, quantum, and a range of possibilities for what could or could not happen at trial if your claim does not settle to give you a range of the value of your personal injury claim once you have reached maximum medical recovery.

Will my personal injury claim go to court or settle before filing suit? 

Most personal injury claims settle before a suit is filed. However, depending on the circumstances of your injury and the collision, it is possible you will have to file suit. This is typical because many claims with more serious injuries and, thus, higher value, end up going through the litigation process to force the insurer to fairly compensate you for your injuries.

How does making a personal injury claim affect my insurance costs? 

If you are not at fault for the collision, it should never affect your insurance. Making a claim on the other at-fault driver’s insurance should not affect your insurance, and it is illegal in Louisiana for your insurance company to raise your rates if you make a claim against your uninsured/underinsured coverage in your insurance policy.

Am I required to have insurance coverage on my vehicle to make a personal injury claim?

No. Under Louisiana’s “No Pay No Play” statute, you are not precluded from making a claim for injuries if you do not have insurance. You are only precluded from the first $15,000 in personal injury damages and the first $25,000 in property damages to your vehicle.

Suffering any damage to the spinal column during an accident is likely to end in long-term rehabilitation and costly medical expenses. The issue of cost is frequently made worse because victims of spinal cord injuries are often unable to continue working after the accident. If you were injured in an accident that was not your fault, and you aren’t sure how to cover your bills, a skilled lawyer can help with the financial side of your recovery while you focus on the physical and emotional hurdles ahead.

Types of Spinal Cord Injury Treatments

Not all spinal cord injuries are the same, and the range of effects can vary widely depending on the type and severity of the original accident. Whether you were hurt in a wreck caused by a drunk driver, a slip and fall accident, or were the victim of intentional violence, you will have a long and expensive road to recovery.

Specific spinal wounds can range from blood clots and herniated discs to complete spinal cord injuries causing loss of motor control beneath the impact site. You could also permanently lose sensation in specific body parts. Spinal damage additionally often leads to secondary medical issues like respiratory problems, bladder and bowel control difficulty, anxiety and depression, and susceptibility to infections. Treatments for any given type of spinal cord injury may include:

• Experimental neuroprotection and cell-based therapies
• Immobilization to prevent further damage, which could last weeks or months
• Medication
• Occupation therapy
• Physical therapy
• Rehabilitation sessions with nurses and psychologists
• Spinal surgery

It is also critical for anyone with a spinal injury to build up a personal support system. That should include friends, family, and doctors, obviously, but also local agencies and groups that can help with transportation to appointments or other daily living arrangements. Part of that support system should also include an advocate with knowledge of both spinal cord injuries and the legal complexities of a catastrophic personal injury case.

How An Attorney Can Help With the Financial Strain of a Spinal Cord Injury

Your best shot at a complete financial recovery is through a personal injury lawsuit against the negligent party. That requires hiring a legal professional who can stand up to the person or business who is responsible for your injury while fighting for the full compensation you deserve.

An attorney can handle the legal paperwork that must be filed within Louisiana’s strict statute of limitations on injury cases, but that’s just the beginning. Your representative also investigates the accident to gain the evidence necessary for a trial. An attorney’s job is to effectively tell your story in court, proving that the at-fault party’s negligent behavior caused the accident that led to your injury.

Depending on the circumstances of the accident and what specific kind of spinal cord injury you suffered, you could potentially recover damages from the liable party such as:

• Current and past medical bills stemming from the accident
• Estimated future medical costs in cases of long-term or permanent spinal cord injuries
• Income lost during time spent in the hospital or recovering at home
• Lost earning potential if the spinal cord injury keeps you from working or forces you to take a lower-paying job with fewer hours
• In-home care costs if you require assistance bathing, dressing, etc.
• Non-economic damages to cover your pain, suffering, and lost quality of life
• Out-of-pocket costs when getting treatment for a spinal injury
• Wrongful death if a loved one passed away after suffering a severe spinal cord injury

Talk to an Experienced Louisiana Spinal Cord Injury Attorney Today

Compensation in a spinal cord case can be substantial, which means insurance adjusters and the negligent driver or business owner will likely try to avoid paying what you actually deserve. That’s why it is crucial to have a trial-ready attorney standing up for your legal rights. Did you or someone you love suffer a spinal cord injury in an accident? Send a message online here for a callback or call the Scott Vicknair law firm directly to schedule an appointment at (504) 500-1111.

So often, we speak with clients who don’t even realize that they have a valid maritime claim because the word “maritime” can be misleading.

In a legal sense, the word maritime doesn’t mean just “water;”

it can mean so much more, which is why it’s important to speak with an attorney who has experience in this area.
As a rule of thumb, if you are injured while you are on a ship, barge, tug, ferry, or rig, that is in navigable waters, like the Gulf of Mexico or Mississippi River, your claim will likely be considered maritime. But, did you also know that you might have a valid maritime claim even if you were injured on land or onshore? For instance, if you got hurt while working in a shipyard, at a port or harbor, or on a dock or pier, you still might qualify as a maritime worker.

And as any “maritime” worker knows, it’s more dangerous than your average job. Due to the hazardous nature of the work environments, common accidents can include a variety of incidents such as slip and falls, collisions, use of unsafe or defective equipment, relying on improperly trained personnel, or unsafe working conditions in general. And, unfortunately, many more…

So if you sustained an injury, even if it’s inland or onshore, and suspect that you might have a valid maritime claim, please call to talk to one of our personal injury attorneys so that you are aware of your possible rights under maritime law.

Carelessly opened car doors can pose a serious risk to cyclists, whether you are riding down a busy street with painted sharrows or a side avenue with no bike markings at all. While there are traffic laws on the books meant to prevent “dooring” accidents, they aren’t always followed and injuries still occur. Fortunately, bicyclists who collide with a vehicle door have the legal right to pursue compensation if they are hurt or their bike is damaged.

Liability in Louisiana Bicycle Dooring Accidents

Louisiana law specifically requires that anyone inside a vehicle—whether passenger or driver—take precautions to prevent dangers to traffic before opening a door and stepping out. There are two specific instances that are covered under the relevant statute that could lead to a dooring accident:

• Leaving one or more doors open longer than needed to unload or load passengers into the vehicle
• Opening the door while parked on a street or highway before taking “due precautions” to prevent danger to other traffic on the road

In other words, it’s technically against the law to open your car door without checking first to make sure no one is coming. While that’s meant to prevent collisions so another vehicle doesn’t accidentally take your car door off, it’s also intended to keep pedestrians and cyclists safe from injury. Just because a driver violates this traffic statute doesn’t necessarily mean they will be 100% at fault for your accident, however.

The driver’s insurer or a jury may find that the bicyclist was partially at fault and reduce any compensation by that specific percentage of fault. For instance, partial fault may be assigned to the cyclist if they were distracted by looking at a phone or were under the influence of alcohol. In other cases, it may be very clear that the person who opened the door without looking was 100% at fault and the victim had no chance to stop or swerve out of the way.

What to Do After a Bicycle Dooring Accident

Just like with any other type of injury, it’s important to take steps towards protecting your legal rights and increasing your odds of a successful financial recovery after the accident. Immediately following a dooring accident, be sure to:

• Get insurance info from the driver
• Gather the contact info of any eyewitnesses
• Call law enforcement to the scene
• Head to the emergency room or walk-in clinic for a checkup

In some instances of New Orleans dooring accidents, officers who arrive may not be inclined to file an official report if there isn’t serious damage to the vehicle and you don’t have visibly obvious injuries. In that situation, politely but firmly insist that a report is written. Under Louisiana law, a report is required if anyone is injured in a vehicle collision, even if the car was stationary when a bicyclist collides with the door.

Seeking medical attention as soon as possible is another step you don’t want to skip, as you need to check for internal injuries after a dooring accident. That’s a particularly serious concern if you struck your head on the ground after colliding with a car door. Documentation from both police and your physician is helpful in pursuing compensation through insurance, but it also serves as crucial evidence for a personal injury lawsuit.

When it comes to dooring accidents, insurance adjusters may offer you a fast lowball settlement to end the matter quickly. Unfortunately, they don’t always take dooring issues seriously, which is why you should contact a bike accident attorney quickly after the accident. Having an attorney on your side makes insurers more likely to deal fairly with you, but it’s also crucial for presenting your case to a jury if insurance denies the claim or won’t pay what you are truly owed.

Talk With an Experienced New Orleans Bike Accident Lawyer

If you were hurt in a dooring accident, you need a skilled attorney to stand up for your rights and pursue the actual amount you deserve. For more details on how we can help you after an open car door bicycle accident, give us a call at (504) 500-1111 or message the Scott Vicknair Law Firm directly online here.

If you are an injured maritime worker, you will soon see that there are some weird maritime laws that are not always easy to decipher. You might benefit from talking to one of our maritime attorneys to determine whether your injury entitles you to recover under general maritime law, or maritime workers’ compensation (which is very different from land-based workers’ compensation).

For instance, in order to receive compensation or get a maritime settlement under certain maritime laws, the accident must have occurred on or near “navigable water.” This phrase has been a source of legal dispute for many years. In port cities like New Orleans, Gulfport, and Mobile, there are many bodies of water that someone can be on or near when they are injured that are not legally considered “navigable,” for purposes of having a valid maritime claim.

Navigable waters are usually considered bodies of water that are large enough to support commercial shipping or used for interstate or foreign commerce. Interestingly enough, though, this doesn’t always limit the application of maritime law to the Gulf of Mexico, the Mississippi River, or the like. There can be instances where admiralty or maritime law can apply to certain waterways, and it’s important that you determine whether the body of water is legally “navigable” before asserting a maritime personal injury claim. If you have any questions about the body of water where you sustained an injury, and whether being on or near that body of water may permit you to have a maritime injury claim, please call us.

One of the earliest and most crucial decisions you make for your business is selecting a corporate structure. While filing to incorporate may seem manageable on your own, the process includes a number of perils that may scuttle your business plan without proper legal advice. Don’t make a mistake in your company’s very first decision by incorporating without an experienced business startup attorney in your corner to help avoid common pitfalls.

How Incorporation Works in Louisiana

Setting up a corporation requires providing the proper paperwork to the Corporate Division of the Louisiana Secretary of State’s office. While all businesses have to provide certain similar details, what specifically goes in your filing will vary depending on your industry and the makeup of your corporate leadership team.

Choosing to incorporate, instead of establishing a partnership or limited liability company, is more expensive and comes with significantly more rules and regulations to handle. So why go this route at all? The major benefit of choosing a C corporation is to shield your personal assets from liability if the business is sued. Incorporating also provides a governing structure to help the business establish itself and offers credibility to your brand name.

Besides limiting the personal liability of corporate officers, the board of directors, and shareholders, after incorporation your entity can also:

• Acquire business licenses and permits
• Apply for a tax ID
• Offer stock
• Sign contracts

How an Attorney Helps With Filing Articles of Incorporation

Choosing a corporate structure is necessary to conduct business in the state or abroad, but the incorporation process may be more complex than expected. There are highly specific requirements under Louisiana’s Revised Statutes 12:1-202 that must be followed when setting up a corporation.

The good news is that a qualified and knowledgeable attorney will be able to guide you through each step. That helps prevent delays in processing by ensuring all the required info is included the first time. Failing to properly handle your incorporation can result in major legal and financial headaches down the road. A business startup attorney can specifically assist with incorporation issues like:

• Choosing a unique business name as required by law. If you have a fabulous name picked out but are concerned someone else may use it before you can complete the incorporation process, it is possible to reserve the name in advance.
• Creating a certain number of shares for the corporation to be sold.
• Establishing the required corporate officer positions. When incorporating in Louisiana you must specifically establish the President, Secretary, and Treasurer offices for your business. Under state law, one person can hold up to two of those titles, however.
• Providing the necessary information from the incorporator(s).
• Selecting the number of directors your business will have, as well as providing specific information on each director in the filing.
• Setting down optional provisions directly in the incorporation articles, such as distinguishing different share classes.

Exactly how you file to incorporate can also vary from parish to parish, as some areas only allow online filing. In other cases, you may be able to mail your filing or take all the paperwork and payments in person.

It’s important to keep in mind that the amount of record keeping is significantly more extensive with a corporation than with a sole proprietorship or LLC. If you are going to run a C corporation, you absolutely need an attorney to protect your business from potential legal threats and help ensure you are following both Louisiana and federal law. Corporations are also taxed differently from other types of business structures, which you should discuss with your attorney ahead of time to avoid problems with the IRS.

Are You Planning on Incorporating a Business in New Orleans?

The Scott Vicknair law firm wants to hear from you and find out how our team can provide your business with the know-how it needs to thrive. From incorporating to aggressively defending your rights in court, we can help with every aspect of your business’s legal needs. Contact us through our online form here or call to schedule an appointment at (504) 500-1111.

What is the average settlement for a personal injury settlement?

It is pretty difficult to determine a broad-based value related to the average payout of a personal injury settlement based on the differing facts and injuries in every collision, along with the fact that many settlements are confidential and/or not widely published.

Most personal injury settlements that involve only minor injuries and chiropractic, or physical therapy treatment, will settle for between $5,000 to $20,000, depending on the length and extent of treatment, along with medical bills incurred due to the collision. However, if the injuries are more extensive, including spinal disc injuries and/or surgical procedures, the settlement value will greatly increase based on the extent of the injuries.

What are the factors that go into determining the value of a personal injury case?

The settlement value is based on injuries incurred, along with the losses the individual suffered as a result of the collision. Some of the main categories of damage that are considered before a personal injury case settles are physical suffering, mental anguish, and financial hardship, which would include lost wages.

Having an experienced personal injury lawyer manage your claim from the beginning will benefit the value of your claim. Their experience will help you detail and manage the paper trail to evidence the damages incurred due to the collision. While lost wages due to personal injuries are more easily documented than non-economic suffering, such as mental anguish, an experienced personal injury lawyer will explain how to detail and document these injuries to assist a court in assigning a value.

What types of personal injury cases pay the most money in verdict or settlement?

No case can guarantee payment or payment which is higher than any other particular personal injury claim. However, the more severe an injury that is suffered is, the higher the payout is likely to be in a particular personal injury settlement or verdict.

Higher settlements are likely to be found in cases involving fatal injuries of younger people whose family relies upon them for economic and moral support, severe injuries which require some level of surgical intervention and years of medical treatment, and permanent or incurable disabilities that linger for the life of the person or injuries which severely diminish the quality of life of an injured person.

It is hard to assign these types of injuries to any specific type of case. For example, a rear-end collision with extensive property damage at a high speed could cause minimal injuries, wherein a slip and fall may cause a person to suffer a traumatic brain injury (TBI). The inquiry into the damages suffered and severity of injury ultimately will measure the value of your personal injury settlement or verdict.

How do laws or the law potentially reduce your personal injury settlement or verdict?

Comparative fault could reduce the value of your personal injury settlement or verdict. For example, if you are found by a court to be 10% at fault under Louisiana law for a collision where you were rear-ended, your total award in settlement or verdict would be reduced by 10%.

Similar accidents could result in differing payments in settlement or verdict.

Results may vary based upon the type of accident and injury. For example, in a case where a person is rear-ended by an eighteen-wheeler and receives a jury verdict of one million dollars, the award, injuries, and issues related to fault are unique to that case and jury. A very similar case could go to a jury and come back with very different results. Ultimately, a personal injury settlement and verdict are unique to each person, case, and factual scenario. Let our experienced personal injury attorneys go to work for you and help you document your claim so you can maximize the value of your personal injury settlement or verdict by calling our attorneys at (504) 500-1111 today.