Legal Question in Personal Injury in Louisiana

Compensation following car accident

My daughter was in a car accident. Other party was at fault; their ins. co. has made offer to pay medical expenses ($2,000), $100 lost wages and $1,000 pain/suffering. She missed several days of class because she was not able to sit thru class due to back pain. Following, she made poor grades on several tests, which affected her final grades. A scholarship exempted her from out of state tuition rates & required she maintain a 2.7 gpa. Had she made 1 less C & 1 more B she would not have lost the scholarship. Had she not missed class she would have done better on the tests & ultimately had a higher gpa. She planned to remain in BR, keeping her job thru the summer & taking classes. After losing the scholarship, she could not afford classes there so came home & is attending comm. college for the summer, trying to bring her grades up enough to reclaim the scholarship. She WILL be able to go back to her job in the fall, but has lost those wages for the summer. If she doesn't bring her gpa up enough, we will be paying out of state rates in the fall. Do we have a case?

Also she was told that in LA anyone in accident &under dr. care can automatically get 1500 per month of dr. care if they just know to demand it. Is this true?


Asked on 7/07/05, 12:27 pm

4 Answers from Attorneys

Nile Copeland Copeland Law Group, PLLC

Re: Compensation following car accident

Where in Louisiana did this occur? When was the accident? Louisiana has a time limit on when you can file a lawsuit and if you fall outside that time, your claim can be barred.

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Answered on 7/08/05, 8:42 am
Brandon Manus Manus Law Office

Re: Compensation following car accident

I will piggyback on the answer given by the others. IF this occurred in Louisiana, contact an attorney there immediately. The statute of limitations is 1 year for personal injury. After that, your daughter's claim will be barred. If the accident occurred in Texas, contact a personal injury attorney near you. There is usually no charge for a consultation.

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Answered on 7/08/05, 9:33 am
Andrew Casanave Andrew M. Casanave

Re: Compensation following car accident

She (I'm assuming she's over 18) needs to contact a lawyer. There are many possibilities but an experienced lawyer will know them better than the friends who are telling you what you should do without any actual legal training or experience.

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Answered on 7/07/05, 1:36 pm
Kristy Boxberger Kristy Zeringue Boxberger, Attorney At Law

Re: Compensation following car accident

She does need to contact a lawyer. You did not say whether the accident occurred in Louisiana. If so, you probably need to get a lawyer here. In my experience, insurance companies may have a certain amount of money that the are willing to pay out, but that does not mean that the amount of money you will receive equals that payout or is sufficient, as each case is different. Further answering your question, in Louisiana a person can often recover for lost wages. Remember, there are time limitations under Louisiana law that may preclude recovery if you wait too long to speak to an attorney.

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Answered on 7/07/05, 1:45 pm


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