Legal Question in Personal Injury in Louisiana

Homeowners Claim

I have a homeowners claim against a woman who hit me in the mouth with a golf club. My front tooth was broken requiring a dentist's visit for a crown costing $700.00. My bottom lip was also busted and bleeding. Her insurance company told me that she was liable and I will be receiving not only payment for my medical/dental bills but also for negligence. I do not work so there was no time loss there. I don't know if I should just accept what the insurance gives me or consult with an attorney. How much should I be receiving for negligence?


Asked on 9/03/05, 3:44 am

1 Answer from Attorneys

Hardy Parkerson Retired Attorney; now Law Professor

Re: Homeowners Claim

Dear LA LawGuru Friend,

I read your posting and have these thoughts to offer: Here are some of the factors to be considered:

(1) How much are your past dental and/or medical bills, and how much will be such bills in the future?

(2) How much are your drug bills? Future drug bills?

(3) How much have you suffered in the past (pain and suffering)?

(4) How much are you likely to suffer in the future (pain and suffering)?

(5) What amount of money will compensate you for the permanent damage to your tooth or teeth?

(6) How much time did you lose going to and from the hospital, doctor, dentist and/or pharmacy; and how much such lost time will you have in the future? You are entitled to be compensated for lost time at your typical hourly rate.

(7) What have been your expenses in going to and from hospital, doctor, dentist and/or pharmacy, and what will be your such expenses in the future. You are entitled to mileage to and from health-care providers and such.

(8) Getting hit in the mouth with a golf club must have been a traumatic experience! How has it affected you psychologically in the past, and how is it likely to affect you in the future? Have you suffered any past psychic injuries, including loss of sleep, bad dreams, fear of getting near a golf club,loss of enjoyment of the game of golf, fear of being around a golfer or golfers and/or golf clubs, both types: Country clubs and drivers,irons and putters.

Assuming her liability, and assuming her home owners policy covers her for more than just the medical and/dental expenses of anyone injured on the insured premises (hers), then you have the right to a fair and just compensation for all past and futre damages you have or will suffer. Don't be quick to accept the first offer made! Feel free to call me and discuss this matter at no charge. There is much more to any personal injury claim than this, but this is something to consider. My phone number is (337) 478-6126; home (337) 478-4370; FAX (337) 478-9933; and my e-mail address is [email protected]. I hope your medical and/or dental problems heal up fast, and that you do not suffer long with this problem. Again, there is no charge to just call me and talk; and there are many, many lawyers like me who will be glad to talk to you about this matter at no charge, just for the pedigogical benefits to them that they may gain just by analyzing your case and/or in the hopes of perhaps getting your case in the process. Don't rush in either way by either hiring a lawyer or in signing any release of liability for whatever offer to settle is made to you. In Louisiana the prescription (statute of limitations)period is one year from the date of the accident within which to file a suit. Again, good luck! There is more to it all than this, but this is something to consider.

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA

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Answered on 9/03/05, 10:18 pm


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