Personal Injury Law FAQ

When you’ve been injured and are left in pain or suffering and unable to work, a lot of questions start to form about what you can do to make sure your future is secure. Read our FAQ section to get the answers that you need about cases like yours right now.

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  • What is a 'tort'?

    A tort is a wrongful act or an infringement of a right (other than under contract) leading to a civil legal liability. 

    One example of a tort is a car crash. The other driver may not have intended to hit you but due to either inattention or failure to obey highway laws or some other reason, they may have crashed into you infringing your right to the roadway. This is a negligent tort.

    Another example is if someone punches you - a battery. This is an intentional tort.

    What are the 3 types of torts?

    The three main types of torts are negligence, strict liability, and intentional torts.

    What is an example of a tort?

    Negligent Tort

    Examples of negligence torts include – automobile accidents, professional malpractice (medical, legal, accounting, engineering, etc.), dog bites, bicycle collisions, etc. Generally, any situation where another person or entity may have caused or contributed to any injury.

    Strict Liability Tort

    Examples of strict liability include claims like product liability, vaccine injury and premises liability.What is a tort?

    Intentional Tort

    Examples of intentional torts include things like assault and battery (fighting).

    What about 'Tort Reform'?

    So, when you hear of TORT Reform – think, someone is looking to reform the law because they don’t like being accountable for their own actions and responsibilities. Not surprisingly – most of the Tort Reform advocates and supporters are insurance companies and major business interests. And, instead of changing their behavior, they want to change the law and take away your rights.

    Recently, “Tort Reform” advocates have been trying to change many of Louisiana’s laws to make it more difficult, costly and burdensome to hold others accountable for their own negligence in an effort to “reduce costs” and “save money.”  While their efforts have failed so far, we can bet they are not done in trying to take away your rights to be made whole.

    And while tort reform “advocates” have many statistics (you know what they say about statistics – “lies, damn lies, and statistics”), here are a couple of things to keep in mind:

    • A Forbes (you know – the business magazine famous for identifying the 400 richest people in the world) contributor once said the devil’s “second greatest trick may be the insurance industry’s success in getting more than half the states to implement tort reform."
    • A 2017 National Institutes of Health study on tort reform in Texas (passed 15 years earlier), found “reforming the malpractice environment has largely insignificant economic implications..”
    • Recent testimony before the Louisiana legislature by those advocating for “tort reform” indicated even with all their statistics, the insurance industry tort reform advocates could not say whether or not the changes would result in lower premium rates for Louisiana drivers!

    Look, as a person, a tax-payer, and business owner, I hate the high cost of insurance and litigation first mentality of so many.  But, I see – from the front-lines, every day – the devastating effects “tort reform” has and continues to cause! Consider this:

    • If you are injured due to someone else’s negligence – resulting in you losing a limb or losing life.  What would that be worth?
      • In an auto-accident with an 18-wheeler – it’s worth what the evidence and your community members (jury) say it’s worth.
      • In a medical malpractice action – it’s worth what the evidence and your community members say it’s worth – unless it’s worth more than $500,000 because that is the arbitrary cap on general damages in these cases (which has not changed in almost 30 years)!  Once you add up medical bills, treatment, and lost work, that number isn’t as big as it seems and certainly doesn’t go as far as it did 30 years ago.
    • What about if a company fails to have a policy to check its floor for hazards and you slip and fall in a hazardous substance causing you to require multiple back surgeries?
      • If the slip-and-fall happens at a hospital or casino or even a government building or school, you play by one set of rules and laws.
      • If the slip-and-fall happens at your grocery store, department store, restaurant, or other “merchant”, you play by a completely different set of rules and laws designed to make it virtually impossible to receive compensation for your injuries.
    • And this is most infuriating to me – the advocates of these reforms cannot say with any certainty that by removing your rights, you will actually see a benefit in the form of cheaper costs!!!!

    Current tort-reform advocates want to put a cap on all commercial vehicle accidents at the same level it was set for medical malpractice cases 30 years ago!  They further argue courts are so over-stressed with “frivolous” lawsuits, they cannot operate properly. But, studies indicate civil filings have decreased by almost 50% since 2010 in some states, and tort cases (those primarily filed by individuals against a business or insurance company) only account for about 4% of civil cases!

    I encourage all of you to look deeper into any tort reform efforts.  Look specifically at who is funding these efforts (hint: it’s not consumer advocates looking out for your best interests).  And, make your voice heard by calling or writing your state representative and letting them know your stance on these measures designed to take away your rights – often at a time when you need them the most!

     

  • Do I have to sue the other party after a wreck?

    You have a NOT to sue!!
     
    Wait...did they really say that? 
     
    Yes, we did! 
     
    You have the right not to sue in your personal injury case. And more often than not, it’s best you only take your case to court when you absolutely have to because the other side or their insurance company is refusing to pay. 
     
    This is true even if you were seriously injured and not at fault. Why? 
     
    First of all, going to court is no guarantee of maximizing what you receive.  And in many circumstances, going to court may actually reduce the total reward you receive because costs are increased. Do I have to sue after an accident?
     
    Secondly, taking your case to trial will involve a lot of stress and time lost, and may even result in additional legal fees to prepare and represent your case that exceed any additional reward you receive. 
     
    So we always make sure to advise you on the full cost of going to trial vs. settling before deciding to go to court. 
     
    And lastly, some personal injury attorneys simply love to go to court to be in the limelight, garner press for their firm, or worse, simply to satisfy their egos. But that strategy can put your reward at risk entirely! 
     
    We always advise clients to settle and move on with their life whenever fair compensation is being offered.

    Of course, should liable parties refuse to pay fair damages, we’re ready to go to trial to defend your just compensation. But in the vast majority of cases, this simply isn’t necessary.
     
    If you have questions, please don't hesitate to let us know. Call us at 985-240-9773.
     

    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.

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  • What is pain and suffering?

    What is Pain and Suffering?

    Pain and suffering is an element of damages that an injured person seeks from the person causing the injury.  Pain and suffering is usually not available in breach of contract cases, disability cases, or property insurance cases.

    You know all too well that pain and suffering is part of the aftermath of an injury. Legally, though, "pain and suffering" describes the physical pain and emotional distress a victim endures as a result of a personal injury accident.  Emotional distress (also called "mental anguish") can include depression, anxiety, insomnia, irritability, and more. Compensation for pain and suffering is more than money for physical ailments—it also entails mental and emotional pain. It is also above and beyond you actual money damages (like your lost wages, medical bills, etc.).
     
    You may be eligible for compensation for pain and suffering if you have:
    • Grief
    • Worry
    • Insomnia
    • The loss of enjoyment of lifeWhat is Pain and Suffering in a Personal Injury Claim

    What Kinds of Things Does "Pain and Suffering" Include?

    When we say "pain and suffering," we're talking about a variety of ways that an accident can affect your life. Pain and suffering is a type of non-economic loss. Non-economic losses are intangible— and not clearly enumerated.
    You can recover pain and suffering damages for:
    • Past and Future Pain and Suffering – This includes any past and future physical pain, mental anguish, discomfort, inconvenience, and stress.
    • Embarrassment and Humiliation – This covers anything caused by the accident that could leave the victim feeling ashamed of their injuries, such as burns, paralysis, and amputation.
    • Loss of Enjoyment of Life – This compensation is for victims who have lost enjoyment of the pleasures of life due to the accident.
    • Disfigurement – This represents any scars or permanent damage caused by an accident or the surgery necessary to treat the car accident injuries.
    • Loss of Consortium— The spouse of an injured victim can receive money for what is known as Loss of Consortium, which means that they've lost companionship and the ability to be close to their husband or wife.

    How is Compensation for Pain and Suffering Calculated?

    It's difficult to calculate how much a pain and suffering claim could potentially be worth because no two accidents or injuries are the same—and they can affect each person differently.
     
    The amount of money a person is able to recover for pain and suffering is most dependent on the evidence presented during your case, like testimony from medical experts, copies of medical bills, etc.
     
    When the insurance company or a judge or jury evaluates your case, they consider all evidence along with information such as:
    • Your age
    • The type of injury you suffered
    • And how your injury affects your life—including how it has impacted your ability to socialize, enjoy hobbies, and complete household chores and other everyday activities.

    At the end of the day, if you are like most people, there's nothing you wouldn't give to have your old, pre-injury life back again. Unfortunately, we cannot unwind the clock.  Compensation for pain and suffering, however, attempts to make up for the many hardships you have to endure.

    This is something we consider in every case and in advising you on an acceptable settlement or demand amount, both before and during litigation.

    We hope this helps you understand how these damages are considered in your case.  If you have questions, please give us a call at 985-240-9773.

    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.

  • Who should pay my medical bills after I'm injured in a wreck? My health insurance or their car insurance?

    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.

    Should I use my health insurance for my Louisiana car accident case?

    If you’ve been in a car accident in Louisiana, you’ve probably been asked by your health care providers whether you want to use your health insurance for your bills.  (Or perhaps a health care provider has refused to take your health insurance “because your treatment was due to an accident.”)  If you are lucky enough to have health insurance through your employer or through your spouse, you should absolutely use your health insurance to pay for your medical treatment and medical bills.  

    Now at the end of the day, they may have a claim against any recovery you get. Which Insurance Pays After an Accident?

    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.

    Why does my health insurance have to get involved if the accident was someone else’s fault?

    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 and bills. That will include Medicare or Medicaid if you have that as well.

    When does the auto insurance come into play?

    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 a result of your injury.

    Once you’ve fully recovered (or if you’re approaching the statute of limitations on your case), you will pursue your personal injury action. However, this can be far down the road (Louisiana has a 1-year statute of limitations/prescriptive period for most auto claims and 2 years for your UM coverage).

    Therefore, early in your case, you should focus on physically recovering and making sure that your bills are being submitted to your health insurance. Once you’ve got a sufficiently solid idea of what your injuries are, you can then pursue money from the defendant’s insurance company.

    What if the defendant doesn’t have enough insurance to cover my claim?

    If you’re lucky enough to have been following Loyd J. Bourgeois, LLC prior to your accident, you know we stress the importance of Under-Insured Motorist Coverage (UIM). If a defendant doesn’t have enough insurance, you can make a claim against your own policy. If you’ve bought enough to cover your claim, then you don’t have to worry.

    My health insurer sent me a letter about my Louisiana accident case. Why do they care?

    As we said above, you should have your health insurer pay your medical bills. However, in many instances, they have a right to be reimbursed for what they paid on your behalf IF you get money from the accident case.

    Keep in mind, however:

    1. The health insurer only gets paid what it pays out (generally health insurers get discounts for medical bills [so a $100 bill might only require $40 from a health insurer],
    2. The health insurer helped you keep your finances stable for you to have time to pursue your auto case, and
    3. You may be able to negotiate with your health insurer on the amount claimed and paid back to them. What’s more, not all health insurers will ask for reimbursement in all auto cases.

    But, I hope this answers your question about who pays for your medical bills after your auto accident. I'm Louisiana personal injury attorney Loyd Bourgeois. I trust you found this answer helpful.

    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.

    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.

  • 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.

     

  • 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.

  • What Should I Do If My Vehicle’s Airbag Deploys?

    Airbags, used in conjunction with seat belts, have become essential safety tools for motorists.  Front driver and passenger airbags have been required equipment in U.S. manufactured cars since 1998.  Today, there are vehicles which feature more than ten different airbags – some, with airbags right in the seat belt itself. The NHTSA estimated that in 2012 alone over 2,200 lives were saved because of airbags. 

    How Does An Airbag Work?

    Airbags are lightweight, fabric structures designed to protect a driver or passenger by inflating before a person contacts something hard inside the vehicle – such as the steering wheel, dashboard, windshield, door panel, etc.  When a vehicle is in a collision, a signal is sent from the airbag’s electronic control unit to its inflator.  The inflator then triggers a chemical reaction, producing a gas which inflates the airbag. On average, it takes only about 20 to 30 milliseconds for a driver’s side airbag to inflate.  The gas used to inflate the airbag is like rocket booster fuel.

    What to Do If Your Vehicle’s Airbag Deploys?

    What should you do if your airbag deploys in a crash?If your airbag deploys during a collision, chances are the impact was sufficient to cause a disabling personal injury.

    1. The first thing you should do is call 9-1-1 and stabilize any serious problems.  If necessary, seek medical attention
    2. In some vehicles, when the airbag inflates, the engine automatically shuts off.  This is to prevent any fires from possible fuel leaks.  If your vehicle does not automatically kill, turn off the engine.
    3. If the airbags have deployed, the car should NOT be driven.  You need to obtain an alternative way home or to medical care. 

    After the Collision 

    Do NOT drive the vehicle again until your car is inspected by a mechanic.  Your vehicle should be inspected to determine the extent of the damage.  You should take pictures of the vehicle’s damage in case it is needed later.  I also recommend writing down as much as you remember about the circumstances of the accident as soon as possible after the collision.  This helps you not forget important aspects of the situation.  You should also follow your doctor’s advice and recommendations regarding treatment for any injuries that you received.

    If you or someone you love was in an accident in Louisiana and suffered a disabling personal injury that required hospitalization and missed work, give us a call at 985-240-9773.  We have the experience to guide you through this difficult process and advise you on both the injury aspects of your claim and the disability aspects of your claim.

    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.

  • Loyd's Legal Insights: Why does pain sometimes start a few days following a car wreck?

    This is Saint Charles Parish injury attorney Loyd Bourgeois, and I am here to help you get the answer to this question and more today on Loyd’s Legal Insights...

    Recently, I had the pleasure of sitting down with Dr. Mitchell Brien, chiropractor, at his office on Highway 90 in Luling, Louisiana. We are getting some insight from his perspective on some the frequently encountered issues he sees with his personal injury patients. I hope you join us and learn more about the chiropractic process in personal injury claims.

    Why does pain sometimes start a few days following a car wreck?

    The Insight with Dr. Brien

    One of the major factors that cause this effect is the body releases what we call endorphins. Endorphins are the body's natural painkillers. When the body releases them you are not feeling much of anything. You are trying to function throughout -- your brain is trying to function, your body is trying to function, and you really just don't feel pain. This natural painkiller is working. A lot of times it takes hours or days for those endorphins to calm down. One thing I can kind of relate that to is when people exercise - they'll go exercise and they won't be sore until two or three days later. It is the same thing after an accident. So, I utilize that example with my patients in trying to compare those two together to help them understand why they are not in pain right away.

    So there you have it - some simple truth from a proven medical leader right here in St. Charles Parish.

    Remember if you are hurt in a car crash here in St. Charles Parish, or if you are looking for a local St. Charles Parish attorney to represent you in your injury claim give me a call 985-240-9773. Injury consultations are free and we will take care of you from right here in our Luling, Louisiana office on the River Road.

  • Loyd's Legal Insights: Is it possible for an injury to initially go undiagnosed after a wreck?

    This is Saint Charles Parish injury attorney Loyd Bourgeois and I am here to help you get the answer to this question and more today on Loyd’s Legal Insights...

    Recently, I had the pleasure of sitting down with Dr. Mitchell Brien, chiropractor, at his office on Highway 90 in Luling, Louisiana. We are getting some insight from his perspective on some the frequently encountered issues he sees with his personal injury patients. I hope you join us and learn more about the chiropractic process in personal injury claims.

    Is it possible for my injury to go undiagnosed immediately after a car wreck?

    The Insight from Dr. Brien

    We are going to take them through a series of examinations to get our examination findings, but it is not uncommon for some injuries not to show up initially. You know, sometimes even a fracture initially will not show up a lot of times. So what you will see a lot of times where the patient has to go back in to get an x-ray in an area. This also happens with soft tissue injuries. They will take some time to show up. In each case, there are certain red flags we look for and there are certain things that show up right away. But, there are certain things that don't. In a general soft tissue, sprain/strain type case, a lot of times you won't see radicular or radiating symptoms down the arms or legs. So, you treat those symptoms as soft tissue sprains/strains. Then, as the weeks go by, sometimes those symptoms will start to show up. The patient will come in and say “I'm starting to really feel some numbness or tingling in my arms or legs.” We will then start evaluating and finding out - is there an underlying cause of this. That's when we will send them out for an MRI (which is a radiograph) and it shows the soft tissue. With the MRI, you will find those disc herniation disc problems. Then, you have to kind of change your course care there.

    So there you have it - some simple truth from a proven medical leader right here in St. Charles Parish.

    Remember if you are hurt in a car crash here in St. Charles Parish, or if you are looking for a local St. Charles Parish attorney to represent you in your injury claim give me a call 985-240-9773. Injury consultations are free and we will take care of you from right here in our Luling, Louisiana office on the River Road.