Uninsured Motorist Accident Claims
Baton Rouge Car Accident Lawyer
Getting into an auto accident with an uninsured motorist can have the potential to be a very bad situation, even if the victim is not at fault. When the driver of another vehicle doesn't have adequate insurance to cover the cost of repairs to the vehicle or medical bills resulting from a personal injury suffered in the accident, then the victim must cover those costs without any assistance. If you or someone you know has been involved in an auto accident with an uninsured or under-insured motorist and has not received adequate compensation to cover costs associated with the event contact The Layfield Law Firm, LLC to determine how to access compensation in your claim.
Uninsured Motorist Accidents and Compensation
In Louisiana, a driver who purchases auto insurance is assumed to have also purchased uninsured or under-insured motorist coverage. This type of coverage is sometimes part of an existing policy. If it is not, the law requires that the driver submit a form of rejection for the coverage. If uninsured or under-insured motorist insurance coverage is not officially rejected, then he is effectively covered in the event of such an accident.
When the insurance company does not provide benefits for injuries or damages sustained in an accident with an uninsured or under-insured motorist, the victim may consider filing an insurance bad faith claim which would contend that the insurance company is legally bound to provide benefits if no official rejection of the specific coverage has been submitted. The Layfield Law Firm, LLC will help build a thorough case for compensation in the event of an auto accident with an uninsured or under-insured motorist, and may be able to recover significant compensation for damages to your vehicle or personal injuries you may have suffered. As a hard-working personal injury lawyer, Beau Layfield of The Layfield Law Firm will fight to ensure you receive the coverage entitled to you under Louisiana state law.
Contact a Baton Rouge uninsured motorist attorney at The Layfield Law Firm, LLC if you or someone you love has been in an auto accident and has not received compensation for damages.
As a business owner trying to juggle responsibilities with my clients and in my business, it was important to find someone who understood the value of my time while helping me navigate me through a difficult divorce.- Former Client
I contacted him initially because The Layfield Law Firm website specifically listed "uncontested divorce" within the areas of practice.- Former Client
During this process, there were times when I became so frustrated that I wanted to give up. Beau always brought me back to reality and made suggestions to assist with my concerns.- Former Client
Hopefully I won't need a lawyer in the future, but if I do, I am calling Mr Layfield.- Former Client
Do I have to go to court in order to obtain a divorce?
Filing divorce papers with a court is the only way you will obtain a legal separation from your spouse. This applies to any other form of legal separation, including a marriage annulment. Aside from the divorce decree itself, a court is able to assist in settling other matters related to divorce, which include child custody and the distribution of marital assets.
How long will the divorce process take?
The length of your divorce proceedings will depend on different factors, which include how long it takes to serve divorce papers to your spouse, whether your spouse is willing to waive their rights to service and notice of trial, whether you have minor children from the marriage and legal delays. Typically, it will take 20 to 40 days to receive a divorce judgment from the court after papers have been served. If your spouse decides to waive his or her rights to service and notice of trial, the judgment can come swiftly. It is important to note that a judgment does not become finalized until the 30-day "appeals" window has ended.
Another important point to note is that you must be living separately from your spouse for six months (or longer if there are minor children from the marriage) before being able to file a petition, unless there are extenuating circumstances, such as your spouse committed a felony. Securing an attorney for legal representation may result in your divorce process being resolved much faster than you attempting to navigate the proceedings on your own.
How will child support be calculated?Child support is calculated differently depending on the state one resides in, but the general factors taken into consideration by the court when calculating payments include:
- the standard of living of the child prior to the divorce;
- the ability to pay of the parent giving child support;
- the specific needs of the child, including their food, clothing, and educational costs; and
- the needs and income of the custodial parent (the parent with primary custody of the child).
How will custody of my child be decided?It is possible for you and your spouse to come to a decision regarding child custody without the court intervening.
However, if you and your spouse cannot come to a custody terms agreement, the court will decide for you, and will look at the following:
- the child's gender and age;
- the child's mental and physical health;
- the child's relationship with each parent;
- the parents' respective lifestyles;
- each parent's ability to provide basic necessities for the child, including shelter, food, and clothing; and
- the child's preference (if they are of a certain age).
How much money can I expect in a settlement?Each personal injury accident is different and the worth of the injuries will depend on the circumstances of the accident and the severity of injuries and disability. Insurance companies have specific calculations they use when assigning a monetary value to the pain and suffering resulting a personal injury causing accident. The firm will protect your right to compensation and pursue legal action if necessary.
Before settling an insurance claim, contact The Layfield Law Firm, LLC to review your case. They can zealously protect your right to fair and full compensation, and your case will be given the focus and priority it deserves.