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Jarome Emile Gautreaux
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Jarome Gautreaux’s Answers

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  • Injury with auto accident

    I got into a car accident Monday the 6th.. It wasn't my fault.. I have prior back problems but since the accident my back has gotten worse, I can barely walk now.. The insurance called me today (state farm) and tried to do a settlement of only $50...

    Jarome’s Answer

    Welcome to the weird world of auto insurance claims, where the main priority of the insurance company is to pay less for your injury instead of compensating you fairly. If they can get you to accept a meager amount quickly, they win. I hope you won't let them win. You deserve better. An experienced personal injury lawyer can help you. One thing to remember that we tell all our clients injured in auto wrecks - be sure to notify your own insurer of the claim, just in case the other party doesn't have adequate liability insurance for your injury and you need to claim under your own underinsured (UM) motorist coverage. It is also important to ask for your doctor to explain that the recent wreck caused your back problems to worsen. Those are just a couple things to consider as you deal with the insurance companies.

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  • How can I amend or dispute the report. It's totally not right or fair. Or even take it to court?

    I was having issues with my tire on a major interstate. I put on my hazards and was moving slowly when I was rear ended so hard that my car was totaled. After getting the crash report back the officer stated that I was driving erratically and negl...

    Jarome’s Answer

    We've had this issue come up quite a few times - where the accident report just isn't accurate. There are a few ways we've handled it. Sometimes the best approach is to politely ask the investigating officer or trooper to correct the report. That does work sometimes. You might also try to get other witnesses to give you a statement, though that may be better handled by an experienced investigator if you don't feel comfortable doing it. There are lots of circumstances to consider, and this is one of those situations where you might consider getting an attorney to assist you.

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  • Can I file wrongful death claim?

    My son was hit and killed on his bicycle and driver was not charged. From all the marks on the scene and where my son landed their story doesn't make sense. I just want the truth of what happened. Because from ALL parties questioned ( which are al...

    Jarome’s Answer

    I am very sorry to hear about your son. Cases of injuries or death involving bicycles can be complicated, and the first step is to have an experienced, independent investigator examine the evidence to get the answers you need. Time is crucial - it would be best to start examining the evidence right away before memories start to fade or the scene changes in some way.

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  • My neurologist refuses to confirm or deny whether the car accident caused my seizure. What are the next steps? Still a case?

    I was involved in a car accident on the job and don't remember anything other than getting out of the vehicle. Less than a week later I had a seizure for the first time in my life. A week after that I was seen by a neurologist and ordered test. My...

    Jarome’s Answer

    Maybe. One of the elements you are required to prove in court is "causation" - which simply means that you must prove that the wreck caused the seizure and other injuries. Normally this requires a properly qualified expert, like a neurologist, to offer an opinion that the wreck caused the seizure. Unfortunately, some physicians seem to be reluctant to offer these sorts of opinions, even for their own patients in circumstances that appear clear, like yours. So one option some patients choose is getting a second opinion from another physician. We have had clients use this option with success because they are able to get a proper opinion from an unbiased, qualified physician.

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  • I was in an accident and suffered a fractured rib and kidney injury. My husband suffered shoulder injuries.

    he has had surgery on one shoulder and is schedule for surgery on his other shoulder. The insurance company is telling us that the driver of the other vehicle only had 25,000 coverage. The other driver was also drunk and arrested at the scene. We ...

    Jarome’s Answer

    I'm sorry that you and your husband were injured in this wreck. There are at least 3 forms of insurance that are important in this type of situation: (1) liability insurance - you mention the drunk driver's insurance, but there may be other liability coverage. For example, there may be more liability coverage if the driver was driving a car owned by someone else (family member or employer, for example) at the time of the wreck; (2) Medical Payments coverage - this is coverage that you may have on your own policy to help pay your medical bills; (3) Underinsured Motorist (UM) coverage is also very important - this is insurance you may have in your own policy that covers you if someone who caused your injuries doesn't have enough insurance to pay the full value of your claim.
    There are many possibilities for finding more insurance coverage. Your specific situation needs to be evaluated by an attorney, so I do urge you to speak to an attorney who regularly handles these types of cases and knows the insurance issues well.

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  • Do I need an personal injury accident attorney?

    My husband was hit head on by man who was charged with DUI (he was on prescription drugs that were his wife's ) we believe it totaled the car as well. My husband he suffering from severe head and neck aches now.

    Jarome’s Answer

    Getting straight answers from an insurance company in serious cases like your husband's can be like trying to grab a handful of water. So, yes, I do recommend that you retain an experienced attorney who has actually tried cases. There are all sorts of issues that need to be dealt with in this kind of case - getting pictures and doing a complete investigation, identifying all applicable insurance coverage, and, most importantly, making sure that your husband gets good treatment for his injuries. Sometimes folks can have head injuries that may not be obvious at first and they need to be thoroughly evaluated by a qualified Neurologist or other specialist. There are more than enough issues that will arise in your case to justify speaking with an attorney. I wish the best for you and your husband.

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  • I am a truck driver and had been in an accident. Do I need a lawyer

    On march 7 I was in a accident. A dodge ram came from the other side of the interstate And hit me head on. It was ruled out it wasn't my fault. I. survived with little injury and the other person died. I've been driving along time and am conce...

    Jarome’s Answer

    i'm sorry you went through this difficult ordeal. There are several issues that your question raises that may be important to your situation. For example, you don't mention where (which state) the wreck occurred, but that is important because it may affect which state's law applies to your claim. Also, I would suspect that you did have some type of physical injury in a wreck that was this serious, even if that injury was seemingly minor. If you did, then generally you can recover for your emotional distress and anxiety, worry, and ability to deal with the stress of driving as part of what is generally called "pain and suffering" under Georgia law. There may be other situations where you can recover "pain and suffering" without a physical injury, such as where you have a qualifying monetary loss, but this rule is not perfectly clear and really depends on the circumstances of each case. Also, we don't know why the other driver caused the wreck, but it may be that another type of damages called "punitive damages" are available. I would advise you to talk with a lawyer experienced in these types of cases to get advice specific to your situation. I wish you a full recovery.

    Jarome E. Gautreaux
    Gautreaux & Adams LLC
    www.thegalawfirm.com
    blog: www.georgiatrialadvocate.com
    ph: 478-254-4759

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  • Legally what can I do if my car is totaled after an accident that was not my fault?

    My car is totaled, I am unemployed and still have some pain from the accident. Since I am unemployed I have no benefits, but do have Med pay on my car ins. policy which I understand I can use, but I understand if I use this med pay, then this wil...

    Jarome’s Answer

    I am glad to hear that you have Med Pay coverage. This can be very helpful, especially if you do not have any other health insurance. Often, the way the process works is this: you use your Med Pay coverage to pay for your medical treatment for your injuries caused by the wreck. When you are finished with any necessary medical treatment, you can attempt to settle your claim with the other driver's insurance company, if they were at fault in the wreck. You may also have a type of coverage called Uninsured/Underinsured Motorist coverage in your own policy that may be available to you. You also want to be sure to comply with all deadlines, including the applicable Statute of Limitations. There are lots of issues, including these insurance issues, that you will need to deal with. You may wish to talk with an attorney who handles tort cases and these related insurance issues. I wish you the very best.

    Jarome E. Gautreaux
    Gautreaux & Adams, LLC
    478-254-4759
    www.thegalawfirm.com

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  • I was just in a car accident. Should I get a lawyer before there insurance starts calling me? I even had to go to the E.R.

    I'm concerned whether I should retain a lawyer or not because I don't want to talk to the other insurance company because I know they will record me and try to change my story.

    Jarome’s Answer

    The short answer is yes, you are wise to consider getting an attorney BEFORE you speak to the other party's insurance company. Not only can an attorney help you not be tricked by the claims representative paid by the insurance company, an attorney can help make sure you comply with all the many deadlines that may apply to your case. These include a Statute of Limitations, insurance notice deadlines, and others that may apply in your case. I would also suggest getting photographs of the scene and the vehicles if you can, before they are altered in any way.
    Call my if you'd like to discuss in more detail.

    Jarome E. Gautreaux
    Gautreaux & Adams LLC
    478-254-4759
    www.theGAlawfirm.com
    blog: www.georgiatrialadvocate.com

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