Legal Question in Personal Injury in Louisiana

Re: Is there a law that allows double recovery in third party suit for Retirmen

You have a more difficult question than you may realize. First, do you have a cause of action against the other company? Is that company a statutory employer therefore getting the benefit of the worker's comp immunity? Who paid for your retirement? was it totally paid by you or partially by your employer? Was the payment retirement or disability?

In general, a tortfeasor does not get the benefit of an insurance policy purchased by the victim and the victim in certain circumstances can get a double recovery. The law does not favor a double recovery.

However, in your case, the torfeasor should not get the benefit of a "retirement account" that you funded. If the payment is from a disability policy and not retirement it is again possible that you could get a double recovery under certain circumstances.

The other company is liable for any damages they caused you. They should not benefit by a "retirement" you receive from your company. Your company however may have a subrogation right to recover back from you any recovery you recieve from the other party to the extent of disability or comp payments they made.

It seems odd that you are getting "retirement" when you are disabled. Normally you would get a disability payment. You could also get retirement on top of that when you qualify to retire.

Not knowing the facts of your case I can not give you advice. You should consult with a lawyer right away. In Louisiana, you only have one year from the wrongful conduct in which to file suit otherwise your case is forever time barred.

If you would like to discuss this with me further you can contact me at 504-569-0380.

Peirce A. Hammond