Legal Question in Personal Injury in Louisiana

lawsuit settlement

I was involved in a car accident in a mall parking lot and got a major run-a-round from the other guys insurance company concerning fault. I filed suit in small claims court and chose arbitration as a means to speed things along. I won my case and received a letter from the court stating I was awarded ($500) medical and ($2,000) damages plus court cost and legal interest from the date of juducial demand. Two months later I received a letter from the insurance company's Attorney with a copy of a check (in the amount of $2,500) and two forms that required notarization (Satisfaction of Judment and Act of Cancellation of Judgment and Judicial Mortage). My questions are: 1) Should they have included court cost and interest? 2) Also, I live out of state and had to drive 400 miles to court round trip, should this have been included in court cost or is this something the Judge should have specifically addressed or outlined? 3) I understand the signing of the Satisfaction of Judjment but is the other form totally different or pretty much the same thing? 4) Should the Insurance company foot the bill for the notary? 5) Is it standard practice for the court to keep evidence provided by me at my expense?

Thanks in advance


Asked on 10/12/07, 1:31 am

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: lawsuit settlement

1) You are entitled to legal interest from Judicial demand. From the date you filed the suit until they pay, they owe interest on the $2,500. Also, one of the documents should note that they pay all court costs.

2) Travel expenses to attend court is not recoverable. Had you lost, you would not have had to pay the defendant's travel expenses. 3) All Judgments become Judicial Mortgages against whomever the Judgment was rendered, and is recorded in the Mortgage records of the Parish where rendered. Therefore, a Cancellation of Judgment and Judicial Mortgage will allow the clerk to mark the public records that the Judgment has been satisfied and the Judicial Mortgage cancelled.

4) I guess if you want to delay this more, then sure, have them furnish the notary. 5) Evidence introduced into a record cannot be removed without court order. Even if allowed, a copy will be made or picture taken of the evidence so that the record is complete.

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Answered on 10/12/07, 8:13 am


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