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Personal Injury

Yes. In Louisiana, diminished value of a vehicle is recoverable. After your car has been in an accident, it loses value even if it is completely repaired. Depending on the age, mileage, and pre-loss value of the car, this amount can vary greatly.

Not necessarily. A majority of car accident claims settle without having to file a lawsuit. Of the remaining claims, a large number of claims resolve after filing suit. Generally, only if liability is disputed or if your claim has substantial injuries, including future damages, will you need to take a deposition.

Louisiana charges any person who causes damages to repair it. Louisiana recognizes many injuries as damages including wrongful death, past and future medicals bills, past and future pain and suffering, mental anguish, past and future wages, and lose of earning capacity.

It is critical that you see a doctor and be treated for any pain or injuries from your car accident at the earliest time possible. In Louisiana, if you wait a significant period of time before being treated, you will lose the presumption that your injuries are related to the accident and will create further dispute in your recovery.

Yes. The payor of your medical bills does not change your recovery for general damages, such as pain and suffering, emotional damages, and lost wages.

No. In addition to the statement you likely provided to the police officer at the time of the accident, the insurance company will want another statement. If there are inconsistencies in your statements, they will likely use that inconsistency to deny or reduce their liability.

Maybe. If you are not at fault and the person that caused the accident did not have sufficient insurance limits, and you are forced to make a claim on your own insurance, it is illegal for your insurance company to raise your insurance premium.

Maybe. If your injuries are directly caused by the accident, then they should. In any event, the driver and their insurance are responsible for all damages caused by them in a car accident.

No. You should never sign a release or settlement until your injuries are completely resolved and you have reviewed the release with your lawyer.

Can I still pursue compensation for damages if I was partially at fault for the accident?

Condominium Associations

Yes. Condominium Assn. can evict a tenant who is in breach of the underlying lease agreement. In addition, the unit owner can be fined for having a nuisance tenant.

No. A condominium association has a right to file a lien and lawsuit recognizing its liens if it wishes to collect on unpaid dues. But it cannot shut off utilities to a unit owner in order to collect unpaid dues.

Yes. Generally, the condominium documents provide for recovery of attorney fees if the condominium association is forced to file a legal action.

No. Unit owners do not have a right to cease monthly dues because it is not satisfied with the management of the condominium association.

Yes. When association funds are too low or repairs, such as a major roof repair or increase in insurance deductible, the Board can vote to have a special assessment to raise funds.

Yes. There are a variety of ways that the condominium association can restrict the types and number of pets a unit owner can keep in its property.

Generally, the condominium association is responsible for the repair and maintenance of unit owner’s balconies. They are considered limited common elements, meaning they are common and the responsibility of the Assn. but limited because they are for the exclusive use of 1 unit owner.

The Assn. has a right to collect unpaid dues. When a unit owner fails to pay, the Assn. is required to issue a notice, usually between 7-10 days, before it can file its lien and lawsuit recognizing its lien for collection.

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