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Day Law Group

Louisiana is a “Direct Action” State. But What Does That Mean?

Louisiana is like no other state in the nation. Nor are its laws. What Is a “Direct Action” State? If you are injured in a car accident in Louisiana, your personal injury case will be subject to a different set of rules than you will find in many other states in the nation. That is because Louisiana has a “Direct Action Statute.” Because of this statute, Louisiana is considered to be a “direct action state.” But what, exactly does this mean? In most other states, if you bring a personal injury lawsuit, you cannot name the insurance carrier in that lawsuit. That is not the situation in Louisiana. Louisiana’s Direct Action...

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What Makes Slip and Fall Cases So Difficult.

In the world of personal injury litigation, “slip and fall” cases can be some of the most challenging cases to handle. Why? Because they are often so very difficult to prove. Let us explain. What is a “Slip and Fall” Case? Let’s say somebody is at the grocery store buying some boudin sausage, and she slips and falls because the floor is wet. As a result of the fall, she injures her knee badly.  A “slip-and-fall” is a type of personal injury case. These cases frequently come under the broader category of “premises liability” because they happen on someone else’s property. The legal theory underlying premises liability is that every property owner has a...

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3 Common Questions About Mesothelioma Lawsuits Answered.

Mesothelioma is a terrible disease.  One of the saddest aspects of mesothelioma cases is that the illness is not the result of bad genetics or poor lifestyle, it is brought on by exposure to asbestos. In the vast majority of cases, this exposure was the result of serving in the military or working in a particular industry. In other words, mesothelioma is an almost entirely preventable disease. Worse, many of the companies that produced, used, or distributed products containing asbestos knew of its dangers yet exposed their workers to it anyway. Mesothelioma lawsuits attempt to get victims of mesothelioma the compensation they need and deserve. Nevertheless, mesothelioma litigation raises a...

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Can an Employer Be Held Liable for Intentional Acts?

All employers have a duty to make the workplace safe. But as we all know, accidents happen. And when they do, workers’ compensation provides an injured employee with compensation for his/her injuries. Workers’ Compensation That is the purpose of workers’ compensation. These statutory laws exist to give injured employees a source for financial recovery without having to prove an employer’s negligence. Under the worker’s compensation system, it does not matter whether the employer did or failed to do something. An injured employee does not have to prove that the employer was negligent. He can recover compensation regardless. In exchange, however, the injured worker gives up any right to sue his...

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Recorded Statements and Car Accidents.

It may be common to give a recorded statement in a car accident case, but is it required? No. There is no law that requires an injured person to give a recorded statement to the insurance company of the driver who is potentially at fault. (You do, however, have a duty to cooperate with your own insurance company.) So, if you are not required to give a recorded statement by law, should you let the potentially “at-fault” driver’s insurance company record your statement when they call you and ask if they can record what you say? Probably not. Here’s why. It’s Not a Normal Conversation Although insurance company adjusters may be friendly and nice...

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Out to Sea When it Comes to the Jones Act? Here’s Where to File Your Case.

Maritime workers know plenty about working long hours in harsh, dangerous conditions. They also know that working conditions in the maritime industry can lead to serious injury. But what may not be common seafaring knowledge is the law that applies when a maritime employee is seriously injured while working. Or where a sailor should file his claim or lawsuit to recover for his (or her) injuries. In today’s post, we will touch briefly on these issues. (NOTE: Maritime law is a highly specialized area of law. If you believe you have a maritime claim or case, please consult with experienced maritime counsel where you live.)  The Jones Act in...

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What Damages Can You Recover for if You Are in a Truck Crash?

Accidents involving a passenger car and a commercial truck (semi-trucks or 18-wheeler) are more likely to result in death or serious injury than are accidents between two passenger cars.   But the ones who are most likely to suffer serious injury or death are not the truck drivers. They are the people riding in the passenger cars. According to statistics from the National Institute of Traffic and Highway Safety, nearly 73% of all truck crash injuries and deaths are suffered by people riding in the vehicle that is hit by a commercial truck. Common Causes of Accidents With Commercial Trucks Anything can cause an accident of course. But when it comes...

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The Disability Interview Demystified.

When you apply for Social Security Disability Insurance (“SSDI”) or Supplemental Security Income benefits (“SSI”) (collectively, “disability benefits”), one of the first things the Social Security Administration (“SSA”) will do as part of its screening process is to conduct an interview with you. This interview, is commonly referred to as the “disability interview.” Because it comes so early in the disability application process, many people do not hire counsel and do nothing to prepare for this interview. This can be a mistake. Once you understand how difficult it is to be awarded disability benefits, you will understand that the disability interview is a very important part of the process. You...

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Can You Take it With You? What Happens to Disability Benefits if You Leave the Country?

If you have applied to the Social Security Administration (“SSA”) for Social Security Disability Insurance benefits (“SSDI”) or Supplemental Security Income (“SSI”) you know that it’s a long, difficult process. You probably also know that in life, things don’t always stay the same.  So what happens to your SSDI or SSI benefits if your life situation changes and you move out of the country? Let’s see. Which Program Are You Receiving Benefits From? Before you can determine what may happen to your benefits if you leave the country, it is important to know which disability benefit program you are on: SSDI or SSI. Because of the similarity in the abbreviated names...

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What Are Supplemental Earnings Benefits?

Sometimes employees who have been injured at work are able to recover enough to return to work, but not at their full capacity. Not being able to work full-time or at the same capacity as you could pre-accident, often means less pay. For employees receiving workers’ compensation benefits, “supplemental earnings benefits” (or SEB) can help fill in the wage gap. What is Workers’ Compensation? Workers’ compensation is a type of insurance that is paid for by an employer, that provides health care and disability benefits for employees who experience a work-related injury or illness. Virtually all employers in Louisiana are required to carry workers’ compensation. Workers’ compensation covers both...

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