Get Answers to Your Benefits Questions in Our Disability FAQ

Dealing with the process of applying for and receiving disability benefits, whether it’s through the Social Security Administration (SSA), your employer, or a private insurer, can be a challenge, and many people are left with questions about what they can do to get the help they need. At the law offices of Loyd J. Bourgeois, we understand how hard it can be to get the answers you need. That’s why we’ve put together the following list of Frequently Asked Questions (FAQs) and answers dealing with personal injury, disability benefits, claims, and appeals and the related law in Louisiana.

The following are some FAQs that I receive as a Louisiana attorney. They may answer some of the questions you have regarding your Social Security Disability appeal, your long-term disability insurance denial, or your personal injury claim. If you have a question that is not answered here, please call the legal team of Louisiana Disability Law, Loyd J Bourgeois at 985-240-9773.

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  • What Will Happen to my Social Security Disability if the Government Shuts Down?

    Many New Orleans-area Social Security Disability claimants and recipients are wondering how a government shutdown affects them and their benefits, application, and/or hearing.

    The government briefly shut down twice in under a month in early 2018.  As we end the year, President Trump is now saying that he's "proud to shut down the government" over border wall funding. This shut down would only be a partial shut down due to the fact that some departments have already been funded through September 2019.  The Department of Health and Human Services which includes Social Security was included in this spending bill, and therefore would not be affected for this partial shutdown.  

    WILL I STILL RECEIVE MY SOCIAL SECURITY DISABILITY BENEFITS IN A GOVERNMENT SHUTDOWN?

    When the government shut down in 1995 and again in 2013, all Social Security payments continued to be sent out on time. This included Social Security Disability.

    During the 1995 shutdown, which lasted about a month, the Social Security Administration mailed checks throughout the shutdown. Social Security was able to continue mailing benefits due to the fact that doesn’t need Congress to authorize funds for it each year. Instead, Social Security benefits are considered mandatory spending and are paid from the program’s trust fund, and therefore, the agency has the funds to continue paying benefits. In 1995, Social Security maintained enough employees to continue mailing checks without delay.

    Since payments are now direct deposited and/or loaded onto debit cards, Social Security continued processing payments during the 2013 shut down with fewer employees than were needed to mail benefit checks during the 1995 shutdowns.

    WHAT HAPPENS TO MY SCHEDULED SOCIAL SECURITY DISABILITY HEARING IN A GOVERNMENT SHUTDOWN?

    Most likely, hearing offices will continue to hold Social Security Disability and SSI hearings if a shutdown occurs. During the 2013 government shutdown, the Office of Disability Adjudication and Review (ODAR) still held previously scheduled hearings, but staffing was limited to Administrative Law Judges (ALJs), medical experts, vocational experts, and security personnel. New hearings were not scheduled.  Lack of support personnel caused delays in exhibiting files and decisions were not written during the shutdown.  So, if a claimant was waiting for an already scheduled hearing, it in most cases proceeded and was decided.  But, the writing of the decision did not take place, so if benefits were granted, there was a further delay before benefits were paid since the decision was not actually formally written until the shutdown ended.

    WHAT HAPPENS TO MY SOCIAL SECURITY DISABILITY APPLICATION IN A GOVERNMENT SHUTDOWN?

    What happens to Social Security Disability during a government shutdown?

    During the Clinton-era shutdown, new Social Security claims were not being processed because the agency furloughed 61,415 employees. As the shutdown wore on, the agency adjusted its plan and recalled workers to start processing new claims. Whether new claims are processed at all or with a delay due to fewer workers will depend on how many employees the SSA decides to maintain and how many they decide to furlough.

    The SSA’s 2013 government shutdown contingency plan stated that new and pending Social Security applications would continue to be processed as well as requests for appeals. However, because these functions are carried out by the state Disability Determination Offices, each state will decide whether to continue these operations or stop them.  The most likely scenario is that applications will be processed but with some delay. The delay will be dependent on how many employees are retained and how long the shutdown lasts.

    The Takeaway

    Whenever a threat of a shutdown looms, I monitor the situation checking Social Security's contingency plan often.  If the government shuts down again, I will be in touch with all of my current clients to advise them on how this situation will affect them depending upon the current status of their claim.  

  • Can a Partially Favorable ALJ decision be appealed? Can you lose your benefits?

    Many Social Security Disability applicants in the New Orleans area and beyond are confused when they receive a partially favorable decision. Two common questions I hear are “Can I appeal a Partially Favorable decision by an ALJ?” and “If I appeal the decision, can I lose my awarded benefits?”.

    Should I appeal a partially favorable ALJ decision? Could I lose my disability benefits?A partially favorable decision occurs when the Administrative Law Judge (ALJ) has granted you disability benefits, but not the full amount you requested. In the majority of partially favorable decisions, the ALJ finds that you are disabled, but moves your onset date to a later date than the one that you claimed. Moving the onset date can severely affect your back pay and your future monthly benefits. You lose out on the back pay for the months between your alleged onset date and the ALJ’s revised onset date. This could amount to a large sum of money. Additionally, if your onset is moved to a date beyond your date last insured, you may miss out on disability benefits altogether and be forced to accept only supplemental security benefits. The revised onset date may also reduce your monthly benefit.

    CAN I APPEAL A PARTIALLY FAVORABLE SOCIAL SECURITY DISABILITY DECISION BY AN ALJ?

    Yes. You have the right to appeal this decision to the Appeals Council. But there are risks.

    IF I APPEAL A PARTIALLY FAVORABLE DISABILITY DECISION, CAN I LOSE MY AWARDED BENEFITS?

    The AC will review the entire claim and determine if the proper decision was made. This means they will review the onset date and the disability determination. So, while the AC may agree with you that an earlier onset is appropriate, the AC could also disagree with the judge and find that the record does not support disability at all.

    IF I APPEAL A PARTIALLY FAVORABLE DISABILITY DECISION, WILL I RECEIVE MY AWARDED BENEFITS DURING THE APPEAL PROCESS?

    No. You will not receive any benefits while awaiting the result of your appeal.

    SHOULD I APPEAL A PARTIALLY FAVORABLE DECISION?

    If you are considering appealing a partially favorable decision, you should consult with a Social Security Disability attorney to discuss the pros and cons of an appeal in regard to the specifics of your case.


    If you have questions about your application or appeal, call New Orleans area disability lawyer, Loyd Bourgeois at 888-LJB-4-SSD or submit an online case evaluation and we will get back to you within one business day.

  • What if there is much more damage to the vehicle that caused the accident than to your own car? How can that affect your case?

    Some jurors in accident cases believe in the myth that property damage equals injury. This means that jurors likely will believe that unless your vehicle sustained substantial property damage, you were not injured. Ironically, this commonly-held belief is refuted entirely by the body of medical and scientific evidence that has been developed over years regarding accidents and injuries.

    For example, in a rear-end collision where a car “rear ends” a truck that has a trailer hitch, often most of the property damage will be on the car that rear-ended the truck. This is why it is so important in these types of cases that your attorney promptly hires an expert to examine your vehicle to collect evidence that can be used to explain to the jury why one car has much more property damage the other.

    What if there's more damage to the at fault car in an accident?Our firm is working on a case where there was significant property damage to the car that rear-ended our client’s truck. However, the truck has minimal property damage because the car rear-ended our client’s truck right on the trailer hitch. The trailer hitch is attached directly to the frame of the vehicle so damage was far less to the truck than to the car who struck the truck.  The fact that the at-fault car had more damage than the truck does not mean that the at-fault party doesn't owe my client for his personal injury or for the property damage to his truck.  It is important in these cases to retain an experienced River Parishes Personal Injury attorney that can retain the right experts to help prove your claim and counter the jury's bias.  If you were injured in an accident where the other car received more damage than yours, give us a call at 985-240-9773 to discuss your specific situation.  Or you can use our contact form and someone from our office will be in touch with you shortly.  

    Quick Guide to Louisiana Accident and Injury ClaimsI've written a book Quick Guide to Louisiana Accident and Injury Claims. This is a helpful and informative guide that will lead you through some of the common mistakes that can wreck your personal injury claim.  Discover why you may not even need an attorney! Get answers to your questions about recorded statements, paying medical bills, getting your vehicle repaired, negotiating a settlement, and much more! Don't make a costly mistake that could cause you to accept a settlement that is too small to cover your medical bills and lost wages! You need to read this before you talk to an attorney or insurance adjuster.  I'd love to send you a copy. Just click here to receive your free copy of my book Quick Guide to Louisiana Accident and Injury Claims.

  • What are Louisiana Negligence Laws?

    Negligence simply means failing to take proper care.  Louisiana negligence laws are there to protect you, your family, and your property from the carelessness of others. These laws hold the responsible party accountable when they fail to take proper care – like texting while driving, running a red light, speeding through a stop sign, etc.  In this day and age, medical and repair bills get very expensive very quickly.  Louisiana law sets a system in place that allows you to get the compensation you deserve from the offending party.

    The Elements of Louisiana Negligence Laws

    What are Louisiana negligence laws?In Louisiana negligence laws, negligence is defined as the failure of one person or entity to exercise appropriate care. If someone’s indifference has harmed you, then you may have grounds for a Louisiana personal injury lawsuit. Louisiana’s negligence law comes from the Louisiana Civil Code article 2315.

    Negligence includes the concept of duty.  Duty is the care that someone or something is obliged to show to others. For instance, a driver has a duty to maintain a safe speed in light of circumstances to other drivers on the road.

    If a breach of duty (or failure to fulfill a duty) happens, and the breach results in you getting hurt, Louisiana negligence laws were likely violated.

    Louisiana negligence cases also involve other elements such as proximate cause.  This element looks at whether the actual act of negligence caused the damage complained of – or whether something else caused it.

    In negligence cases, you must also prove your damages.  Damages are either special or general.  Special damages include medical expenses, quantifiable financial losses (lost wages, benefits, etc.), and other quantifiable expenses.  General damages compensate you for pain and suffering.  They are not easily quantifiable and are up to the discretion of the court or jury.

    The Issue of Comparative Negligence

    Louisiana is a comparative negligence state. This means either the judge or the jury will determine the amount of fault for each party, and that you do not have to have zero fault to recover damages.

    I will use a story to illustrate this point:

    John is visiting his mother in the hospital.  While walking to her room, he slips on an unmarked wet surface and injures himself. The hospital had a duty to alert visitors about the slippery floor and failed to do so. As such, it is likely that the hospital is 100% at fault, and has to pay John’s full damages.

    However, suppose that Mary slipped on the same floor, but she was running recklessly just prior to her fall. Under comparative negligence, the court may decide that Mary has some responsibility for her careless behavior. Let’s say the court decides Mary is 30% to blame.  This will affect the amount paid in compensation. Mary cannot recover all of her damages.  She can only recover 70% of the compensation, as the hospital was only 70% at fault.

    Contact a Louisiana Personal Injury Attorney

    After a serious accident, while you are dealing with injuries, medical bills, car repairs and insurance companies, you need someone working on your side while you focus on getting better.

    Quick Guide to Louisiana Accident and Injury ClaimsI've written a book Quick Guide to Louisiana Accident and Injury Claims. This is a helpful and informative guide that will lead you through some of the common mistakes that can wreck your personal injury claim.  Discover why you may not even need an attorney! Get answers to your questions about recorded statements, paying medical bills, getting your vehicle repaired, negotiating a settlement, and much more! Don't make a costly mistake that could cause you to accept a settlement that is too small to cover your medical bills and lost wages! You need to read this before you talk to an attorney or insurance adjuster.  I'd love to send you a copy. Just click here to receive your free copy of my book Quick Guide to Louisiana Accident and Injury Claims.

    Need to talk to someone about your claim? An experienced Louisiana personal injury attorney will help you understand your legal rights and options, and if necessary, help you file a personal injury lawsuit to help you recover compensation for your losses.

    Contact Loyd Bourgeois today for help with your disabling injury.  The call is free and there is no obligation - (985)240-9773.

     

  • How much money will I get from Social Security for my disability?

    When I meet with potential clients, one of the questions I am often asked is – How much I am going to get from Social Security for my disability?

    Most clients need to know what their Social Security benefit amount will be. Here’s my lawyer answer - It depends.

    How much money you get on disability will depend on a number of things.  These things include:How much money will I get from Social Security Disability?

    • Are you eligible for SSDI or SSI?
    • If SSDI, how much did you earn and pay in taxes?
    • If SSDI, do you have dependent children?
    • If SSI, do you have any other income?
    • If SSI, are you receiving room and board for free from family or friends?

    How much money will I get from SSDI for my disability?

    For SSDI, benefit amounts are calculated according to a formula that uses your complete earnings record. The formula allows for yearly increases in the individual benefits in order to reflect adjustments in the cost of living. The amount of your benefit will be based on your average earnings for all of the years you have been working, not just your most recent salary. 

    You can see how much you are likely to receive if you are found disabled by looking on your MySSA account.  This is a good rough idea of your monthly benefit amount. However, there is a 5 month waiting period for disability benefits. Essentially SSA will not pay you for the first five months you were disabled. This account will also tell you how much your eligible dependents can receive as well.  However, if your date of disability was in the past, the account will not tell you precisely. 

    SSDI can be paid for up to 12-months prior to the date of the application if you are found disabled during that time.  For example, you apply on March 1, 2018, but say you became disabled on January 1, 2013.  If SSA agrees that you became disabled on January 1, 2013, you will only be able to get benefits from March 1, 2017, to the date of the decision.  In the same way, if you applied on March 1, 2018, saying you became disabled on January 1, 2018, and SSA agreed, you would get benefits starting on June 1, 2018 (remember – SSA does not pay for the first five months of disability).  Depending upon when the judge determines that you became disabled, you may also be entitled to a lump sum back benefit payment.

    How much money will I get from SSI for my disability?

    For SSI, the Social Security benefit amount in 2017 for an eligible individual is $735 per month and $1,103 per month for an eligible couple. This amount is the maximum you can receive.  This amount can be reduced based on your specific circumstances.

    You can only get SSI benefits from the date of the application forward.  For example, you apply on March 1, 2018, but say you became disabled on January 1, 2013.  If SSA agrees that you became disabled on January 1, 2013, you will only be able to get benefits from March 1, 2018, which is the date you applied.  There is no five-month hold back for SSI benefits.

    9 Mistakes That Can Disable Your Social Security Disability Claim Book OfferIf you're preparing to apply for Social Security disability or appeal a claim denial, I've written a book 9 Mistakes that Can Disable Your Social Security Disability Claim. This is a helpful and informative guide that will guide you through some of the common mistakes and errors that lead to unfavorable Social Security Disability decisions. Don't make a costly mistake that could cause you to lose the benefits that you need to survive! I'd love to send you a copy. Just click here to receive your free copy of my book 9 Mistakes That Can Disable Your Social Security Disability Claim.

     

  • Can I apply for disability benefits if my spouse is working?

    I was helping a friend recently and was asked by a potential client whether she could apply for Social Security Disability benefits.  I asked the person a little about the medical issues that are causing them to consider disability.  She was in an auto collision suffering a concussion and began suffering from cognitive issues including memory, concentration, and executive function issues.  After learning more, I told them to call my office and set up a free consultation so that we could speak in more detail, but it sounded like we would be able to help.  She then stated, “well, am I going to be able to apply because my husband works?” 

    Can I get SSDI if my spouse works? This person had been suffering for a while and had not applied for Social Security Disability benefits because she believed she would not qualify since her husband worked.  This is a common reason I have seen for people delaying in applying for disability insurance benefits.

    I asked if she had worked.  She had.  I asked for how many years she had worked.  She said from the time I was in my teens until the accident (she was in her 40s). 

    Based on this information, I was able to tell that she is likely eligible for Social Security Disability benefits if she meets the medical requirements.  And, because of this, she can apply right now even though her husband works.  Her husband’s employment does not have an effect on her own disability benefit application.

    Now, if she did not work enough or had not worked recently, she may not be eligible for Social Security Disability Benefits (SSDI) and would need to consider SSI or Supplemental Security Income.  In SSI cases, your spouse’s income will matter. 

    But in her case, and in many others, if you have worked your entire life and paid your Social Security taxes responsibly, then you can apply for Social Security Disability benefits even if your spouse works.

    If you are sick or injured, have worked your whole life but now cannot due to your limitations, give us a call at Louisiana Disability Law for your free consultation – (985) 240-9773.  We know the ins and outs of the system and can tell you if you have a valid claim.  Call us or take our quick quiz to find out if you may qualify.

    9 Mistakes That Can Disable Your Social Security Disability Claim Book Offer If you're preparing to apply for Social Security disability or appeal a claim denial, I've written a book 9 Mistakes that Can Disable Your Social Security Disability Claim.   This is a helpful and informative guide that will guide you through some of the common mistakes and errors that lead to unfavorable Social Security Disability decisions.  Don't make a costly mistake that could cause you to lose the benefits that you need to survive! I'd love to send you a copy.  Just click here to receive your free copy of my book 9 Mistakes That Can Disable Your Social Security Disability Claim.

  • How does the assigned ALJ affect my Social Security disability hearing?

    The job of an ALJ (Administrative Law Judge) is to apply the law to the facts of your case and determine whether or not you qualify for Social Security Disability (SSDI) benefits. The law is pretty developed, and Social Security has procedures on top of procedures to ensure that a consistent decision-making process is employed.

    In theory, it should not affect you in any way which disability judge is assigned to your case.

    However, the numbers paint a different picture.

    SSDI Approval Rates in Louisiana

    I have compiled and analyzed statistics of the ALJs at Louisiana’s ODAR offices. These statistics were compiled by Social Security itself for September 30, 2017 through July 27, 2018. I used that information to take a look at all of the ALJs determining disability benefit decisions for Louisiana SSDI claims. I separated the information by ODAR office and sorted by the administrative law judge's approval rate from highest to lowest. The award numbers include both fully favorable and partially favorable awards.

    The national average award percentage was 54.7%. The Louisiana average was below the national average at 49.3%. 

    Approval rates for three of Louisiana’s four ODAR offices came in below the national average. Alexandra at 44.8%, Metairie at 41.0%, and Shreveport at 48.7%.  New Orleans was the only office to come in above the average at 59.3%.

    Approval rates for ALJs in Louisiana with at least 10 decisions range from a high of 78% to a low of just 8.9% and everywhere in between.

    While there is not much you can do about the ALJ that gets assigned to your case, this information is important to know because it can impact how you prepare your claim and yourself for the hearing in front of the ALJ. For example, if your ALJ denies a large percentage of the cases heard, you may want to move for an on-the-record decision (which can be granted by ODAR staff attorneys). Or you may want to know what information will be most helpful on an appeal and focus on that issue to make sure the record is fully developed for later proceedings.

    While this information provides a statistical representation of how ALJs have decided the cases before them during the reporting period, I will note that an ALJ can only make a decision based on the facts of the case in front them. What this means is that each case is different and you should not rely on the statistics provided above to determine whether or not your specific case will be decided one way or another.

    A local, experienced attorney who specializes in Social Security and is familiar with the different ALJs, their personalities and their expectations can best advise you on how to proceed. If you need help with your Louisiana Social Security Disability hearing or appeal, contact SSDI attorney Loyd Bourgeois at 985-240-9773 or submit an online case evaluation

    Judge Office Decisions Awards Denials
    Molinar, Kathleen S ALEXANDRIA 314 208 (66.2%) 106 (33.8%)
    Grant, Robert ALEXANDRIA 408 260 (63.7%) 148 (36.3%)
    Schwartz, Stanley M ALEXANDRIA 26 15 (57.7%) 11 (42.3%)
    DeLoach, Rowena E ALEXANDRIA 374 200 (53.5%) 174 (46.5%)
    Able, Devona ALEXANDRIA 320 142 (44.4%) 178 (55.6%)
    Fields, Kim A ALEXANDRIA 335 146 (43.6%) 189 (56.4%)
    Hansen, Holly ALEXANDRIA 336 145 (43.2%) 191 (56.8%)
    Wood, Paul ALEXANDRIA 303 115 (38.0%) 188 (62.0%)
    Smilie, Carolyn ALEXANDRIA 318 111 (34.9%) 207 (65.1%)
    Ragona, Lawrence T ALEXANDRIA 343 105 (30.6%) 238 (69.4%)
    Latham, Carol L ALEXANDRIA 290 83 (28.6%) 207 (71.4%)
    Akers, Janet ALEXANDRIA 118 33 (28.0%) 85 (72.0%)
    Judge Office Decisions Awards Denials
    Ramsey, Ruth METAIRIE 1 1 (100.0%) 0 (0.0%)
    Juge, Christopher H METAIRIE 349 178 (51.0%) 171 (49.0%)
    Stewart, Timothy G METAIRIE 338 166 (49.1%) 172 (50.9%)
    Wiedemann, Karen METAIRIE 249 108 (43.4%) 141 (56.6%)
    Perez, Gerardo METAIRIE 286 124 (43.4%) 162 (56.6%)
    Hertzig, Michael S METAIRIE 454 181 (39.9%) 273 (60.1%)
    Morgan, Jeffery D METAIRIE 374 137 (36.6%) 237 (63.4%)
    Exnicios, Richard M METAIRIE 333 100 (30.0%) 233 (70.0%)
    Lobo, Benita A METAIRIE 56 5 (8.9%) 51 (91.1%)
    Judge Office Decisions Awards Denials
    Kinnell, Tresie NEW ORLEANS 1 1 (100.0%) >0 (0.0%)
    Voisin, Glynn F NEW ORLEANS 318 248 (78.0%) 70 (22.0%)
    Anzalone, Kerry J NEW ORLEANS 305 237 (77.7%) 68 (22.3%)
    White, Charlotte N NEW ORLEANS 212 163 (76.9%) 49 (23.1%)
    Burgess, John R NEW ORLEANS 291 213 (73.2%) 78 (26.8%)
    Volz, III, Louis J NEW ORLEANS 519 338 (65.1%) 181 (34.9%)
    Gattuso, Mary NEW ORLEANS 221 127 (57.5%) 94 (42.5%)
    Pizzo, Nancy M NEW ORLEANS 396 212 (53.5%) 184 (46.5%)
    Gordon, Tamia N NEW ORLEANS 387 189 (48.8%) 198 (51.2%)
    Day, Kelley NEW ORLEANS 330 161 (48.8%) 169 (51.2%)
    Hilleren, Christine NEW ORLEANS 322 135 (41.9%) 187 (58.1%)
    Henderson, Thomas G NEW ORLEANS 370 154 (41.6%) 216 (58.4%)
    Judge Office Decisions Awards Denials
    Abbondondelo, Mary SHREVEPORT 341 255 (74.8%) 86 (25.2%)
    Kirzner, Ryan SHREVEPORT 281 140 (49.8%) 141 (50.2%)
    McGee, Elisabeth SHREVEPORT 241 114 (47.3%) 127 (52.7%)
    Wright, Charlotte A SHREVEPORT 290 133 (45.9%) 157 (54.1%)
    Lindsay, Charles R. SHREVEPORT 411 174 (42.3%) 237 (57.7%)
    Ebbers, Carolyn SHREVEPORT 79 29 (36.7%) 50 (63.3%)
    Antonowicz, John SHREVEPORT 368 135 (36.7%) 233 (63.3%)

    2018 Louisiana SSDI Approval RateNational SSDI Approval Rate

  • Who should pay my medical bills after I'm injured in a wreck?

    I'm Louisiana injury attorney Loyd Bourgeois. Here to answer a frequently asked question that we get here in our office.

    "Who pays the medical bills after you've been injured in an auto accident?"

    Often times, this is the most pressing question we get from clients. They're facing medical treatment and bills. They don't know exactly how to get them paid for. They don't want to have collections calling them. They don't really know what to do.

    Our advice in this situation is pretty simple. If you have medical insurance through your employer or through your spouse, you want to use that medical insurance to pay for your medical treatment. Now at the end of the day, they may have a claim against any recovery you get. 

    But in the short term, it is best to get the treatment that you need for your injuries through your medical insurance provider. Now you may ask, "Why? I thought the other party was responsible for paying for my medical bills." And, you would be right.

    But, the other party or insurance company will not pay for your medical bills as you incur them. They will basically wait until the case is fully resolved. Whether that be through a settlement or a judgment, to pay all the medical bills at one time, in one lump sum along with paying you for any pain and suffering. So, you may have to go years without any recovery from the other responsible party. During that time you're going to need treatment. So you should use your own insurance company to pay for your medical treatment. That will include Medicare or Medicaid if you have that as well. Now, some people do purchase medical payments or med pay coverage through their own auto insurance, and if you do have that you can submit your bills through them to be reimbursed. Again, it probably won't be on an as you incur them basis right away, but you'll be able to get it reimbursed sooner. But they too may have a claim against any future recovery you may get as result of your injury.

    But, I hope this answers your question about who pays for your medical bills after your auto accident. I'm Louisiana disability and personal injury attorney Loyd Bourgeois. I trust you found this answer helpful. If you're looking for more answers to frequently asked questions, take a look out the information on our website.  If you're looking for help, do not hesitate to give us a call at 985-240-9773.  Our team is here to help you fight for the compensation you deserve after an injury.

  • Why is it important to call the police after an accident?

    If you don’t report your car accident, you risk your insurance company denying coverage, and you risk not being able to file a claim for damages against another at-fault party without a police report. You have to report your car accident to both your insurance company and the police if you want to protect your rights to recover compensation.

    Do I need to call the police for a minor car accident?

    Should I call the police after a minor car accident?You have a legal obligation to report accidents to your insurer under the terms and conditions of your car insurance policy. If you do not report your accident to your insurer, they may deny coverage for your accident.

    As for reporting your car accident to the police, accidents involving an injury, death, a hit-and-run, an intoxicated driver, or property damage more than $500 must be reported immediately to law enforcement.  If you don’t call the police and have them fill out a report documenting the accident and gathering facts, then it’s your word against the other driver’s word. This makes your claim difficult and can cause significant problems in any case. 

    Quick Guide to Louisiana Accident and Injury ClaimsI've written a book Quick Guide to Louisiana Accident and Injury Claims. This is a helpful and informative guide that will lead you through some of the common mistakes that can wreck your personal injury claim.  Discover why you may not even need an attorney! Get answers to your questions about recorded statements, paying medical bills, getting your vehicle repaired, negotiating a settlement, and much more! Don't make a costly mistake that could cause you to accept a settlement that is too small to cover your medical bills and lost wages! You need to read this before you talk to an attorney or insurance adjuster.  I'd love to send you a copy. Just click here to receive your free copy of my book Quick Guide to Louisiana Accident and Injury Claims.

  • Why do you need so much medical information from me?

    Sometimes we are asked, “Why do you want all this information about my medical history?”

    Whether you have a disability claim or personal injury claim, your medical history will be important to your case. It is also important for us in understanding what is going on with you and how you are impacted.

    So when we sit down and talk, and we are asking you about a medical history that is 5 or 10 years long, or in some cases longer, it is important you be truthful, upfront and honest with us! This history can be very important in your case.

    Importance of Medical History for a Personal Injury Claim

    The history is going to be especially important in a personal injury case if you fail to disclose all your prior injuries. If you tell an insurance company or insurance defense counsel you have never been injured before, and they go back and get medical records from 15 or 20 years ago and see you got treatment for 5 or 6 weeks (or few months) for some back problems, they will use that against you!

    Importance of Medical History for a Disability Claim

    In your disability case, the medical history is important so we can show a progression of a disease. If the condition is something that you have been dealing with for a long time, we can use your history to show multiple trials of treatment.

    It's very important when you sit down with your attorney to be open and honest with them and remember everything you can about your medical history including prior injuries, chronic conditions, all of the prior medical treatment you received, the facilities you went to for treatment. These things are very important. They are important to us, and they are going to be important to you and your case.

    Trust me, if I didn't have to get all this information - I wouldn't get it! But, I know the medical history is going to be very important so we like to get it up front and go through it and be very thorough with you. This is why your medical history is important and this is why your attorney is going to be asking you for the information.

    I'm Loyd Bourgeois, Louisiana personal injury and disability attorney. I look forward to hearing from you. Give us a call right here at 985-240-9773. We're glad to answer your questions and help you through the disability or personal injury process.