The Wenck Firm, LLC

12/25/2021

From our family to yours, wishing you a very Merry Christmas and Happy Holidays!

09/15/2021

I'm excited to announce that we will be handling Hurricane Ida claims for businesses and homeowner's who were impacted by the Storm. Given the amount of devastation caused and number of people affected, The Wenck Firm has partnered with multiple law firms in the region to fight for the best possible result. You are going to see dozens of attorneys advertising for hurricane claims. What they don't tell you is that at the end of the day, no matter who you sign up with, most of the claims will likely be handled by the same set of attorneys. What sets us apart is that you will continue to receive the same high quality attention that our clients have grown accustomed to. Call Colby today at 504-563-4497 to discuss what we can do for you.

05/17/2021

Telltale Signs an Accident Settlement Offer Is Too Low

If you don’t know the approaches insurance adjusters use, you might accept a low auto accident offer without knowing. Here are some signs that indicate the adjuster’s offer is low.

The Adjuster Has Just Made the First Offer
An auto accident settlement is a negotiation process. In a typical negotiation, the paying party starts low, and the receiving party starts high. The insurance companies know this, so they rarely start with the maximum amount they can pay. For example, if the insurance company makes an initial offer of $100,000, they will likely pay more than that.

The Adjuster’s Offer Came Too Soon After the Accident
A good offer takes a reasonable time to determine. After all, the insurance company should account for all the damages, including:

Your past and future medical treatment and bills
Property damages and their repair or replacement costs
Projected or future damages, such as lost wages
Determining all these damages and getting their monetary values is not easy. If the offer comes too fast, then the adjuster has probably not accounted for some of these things.

The Adjuster Hasn’t Considered All the Evidence
The value of an auto accident claim depends on the damages, and the best way to prove the damages is to analyze the available evidence. Evidence comes in various forms, such as:

Medical history
Repair estimates or receipts
Paystubs
Existing work contracts
Picture and video footage of the accident
Ideally, the adjuster should review all the available evidence before making an offer. Thus, you should tread carefully if you haven’t submitted some evidence (such as your medical history), but the adjuster already has an offer on the table.

The Adjuster Is Blaming You
Adjusters commonly blame accident victims to justify low settlements. The tactic is especially common when the plaintiff’s injuries are clear, and the adjuster cannot claim otherwise. For example, an insurance adjuster might claim that you were driving too fast, given the circumstances. Thus, you should suspect any offer the adjuster might make while blaming you.

The Adjuster Hasn’t Justified Their Offer
In many cases, the insurance adjuster will try to justify every offer they make. For example, the adjuster might claim that:

You contributed to the accident
You failed to mitigate your losses
You had preexisting injuries
You had unnecessary treatments
Therefore, you should be suspicious if you receive an offer without any explanation or justification. The lack of explanation might mean that the adjuster can’t justify their offer or their justifications lack weight.

The Adjuster Is Discouraging Legal Consultation
Some insurance adjusters may discourage you from involving a lawyer in your case. For example, the adjuster might tell you that:

You have a simple case that doesn’t require a lawyer’s involvement
Working with a lawyer will reduce your payout (due to the lawyer’s cut)
Working with a lawyer will slow down the process and delay your payout
Be wary of such adjusters and their offers. Most likely, the adjuster knows that their offer is low, and a lawyer will spot it and negotiate a higher offer.

The Adjuster Is Pressuring You
Lastly, you should also be careful if an adjuster wants you to accept their offer as soon as possible. Ideally, you should have time to evaluate each offer and get back to the adjuster later. An adjuster who comes with a form that you should sign to accept on the spot is probably lowballing you.

Don’t let an insurance adjuster talk you into accepting a low settlement offer. Contact the Wenck Firm, LLC, to help you maximize your settlement. We will evaluate your case, negotiate your settlement, or even go to court if necessary.

This Blog/Web Site is made available by The Wenck Firm, LLC, for educational purposes. It provides general information and a general understanding of the law, but does not provide specific legal advice. By using this site, commenting on posts, or sending inquiries through the site or contact email, you confirm that there is no attorney-client relationship between you and the The Wenck firm, LLC. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction.

03/25/2021

File under the "Did you know this?" category.
What Is Louisiana’s No Pay, No Play Law?
Under Louisiana law, if you drive an uninsured vehicle and you get in a motor vehicle collision, you will generally be unable to collect the first $15,000 for your bodily injury and the first $25,000 for your damaged vehicle. This law may apply even if you were not at fault for the accident.

According to the Insurance Information Institute, approximately 13% of drivers in Louisiana do not have minimum liability insurance. The amount of the no pay, no play “penalties” are equal to the amount for minimum liability insurance in Louisiana.

Does the No Pay, No Play Law Pertain to Passengers?
If you were a passenger who was injured in an accident in a vehicle that was not insured, the no pay, no play law will not apply to you unless you are an owner or co-owner of the uninsured vehicle.

How Can the No Pay, No Play Law Affect My Claim?
The no pay, no play law will likely cause you not to be able to recover compensation for crashes as long as the damages do not exceed $25,000 in damage to your vehicle or $15,000 in medical expenses, pain and suffering or other expenses from the accident. However, if your damages exceed this amount, you may still be able to recover the excess amount of damages.

For example, if you were an uninsured driver and you were in a wreck due to a distracted driver, you may have gone to the emergency department for treatment of your injury. You may have incurred the following damages:

$2,500 in ambulance fees
$10,000 in emergency department expenses
$5,000 in lost wages
$5,000 in follow-up care
$10,000 in costs to repair your vehicle
$15,000 in pain and suffering
If the other driver was at fault for the accident and the law did not apply, you may be entitled to compensation for the full $47,500 of damages you incurred. However, with the no pay, no play law in effect, you would not receive compensation for the vehicle repairs in this example, and you would be responsible for the first $15,000 in medical fees. This would reduce your potential award to $22,500.

Furthermore, the combination of the application of the No Pay, No Play law and the Civil Justice Reform Act of 2020 may significantly decrease the value of your claim. Under the reformed laws, you are only eligible to recover the amount of medical expenses you paid, not that you were billed.

Are There Exceptions to the No Pay, No Play Law?
There are several exceptions to the no pay, no play law. They include the following:

The uninsured vehicle is legally parked.
You were driving from another state where you were not legally required to maintain liability insurance.
The other driver intentionally caused the accident.
The other driver was intoxicated at the time of the collision and convicted for DUI.
The other driver fled from the scene of the accident.
The other driver was committing a felony at the time of the collision.

What Do I Do If I Have Questions About the No Pay, No Play Law?
If you have questions about how the no pay, no play law might affect your claim and why you should still seek compensation for your injuries, contact me to schedule a free case review.

**Required disclaimer - this post is made available by The Wenck Firm, LLC, for educational purposes. It provides general information and a general understanding of the law, but does not provide specific legal advice. By using this site, commenting on posts, or sending inquiries through the site or contact email, you confirm that there is no attorney-client relationship between you and the The Wenck Firm, LLC. This post should not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction.**

08/28/2020

So here we are, 2020. Three years ago I opened The Wenck Firm to continue my legal career helping people that have been injured through no fault of their own. I'm very proud to say that I continue on that mission daily. The growing client base that comes from word of mouth, from positive experiences by former clients who are willing to send their friends and family to me, is invaluable. Thank you everyone for your continuing support. Looking forward to another amazing year!

03/17/2020

Here you go Facebook. It won't start airing until April but you all get an early look! Hope you enjoy!

08/28/2019

So yesterday officially made two years for The Wenck Firm. It is often said time flies but it sometimes takes anniversaries to really feel it. We continue to grow with more clients now than ever before and work is about to start on shooting a new commercial. If you had an accident and would like to discuss it with me, give me a call!

05/22/2019

Here it is! The finished product. I'm so excited to further get the Firm's name out there.

04/25/2019

Perfect day to be inside continuing work on the upcoming TV commercial. Thanks again to the crew at WGNO for accommodating my busy schedule. I look forward to sharing the finished product with all of you here on Facebook in the near future!

02/28/2019

Remember when I posted the picture of me stating the Firm had turned one? That was six months ago! Time flies by and we are still going strong. Here for all of your personal injury needs, The Wenck Firm is happy to discuss your case or potential case with you. Give us a call!

11/15/2018

Finally! The day has arrived that the new website is up and running. It took longer than expected but you can't rush something so important. I would appreciate it if you could take a look at it and let me know your thoughts. www.Wencklaw.com
Have a great Thursday!

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