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Day Law Group

Spinal Cord Injuries and Lawsuits: Some Things To Think About.

Catastrophic injuries—like spinal cord injuries—have serious, long-term effects on the victim. They often also put enormous stress on the victim’s family due to the change in circumstances, new needs of the victim, and astronomical medical bills. Indeed, the costs associated with spinal cord injuries are over a million dollars in the first year of high tetraplegia.  It is understandable then, that many people who have suffered spinal cord injuries due to an accident or other circumstances, would consider filing a lawsuit. Because taking on litigation is never something anyone should do without giving it careful thought, here are some things you...

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Being Overweight is Never Good, But in Commercial Trucks, It’s Downright Dangerous.

Have you ever wondered what makes an accident between a car (or, heaven forbid, a motorcycle) and a commercial trucking vehicle so horrendous? Mass. The sheer size and weight of 18-wheelers, tractor-trailers, and semis that are frequently loaded down with large quantities of products or heavy equipment cause these massive vehicles to be extremely dangerous for other drivers on the road. And, things get worse if a big-rig is overweight. The Dangers of Being Overweight. While we all understand the danger that being overweight can pose to one’s health, when it comes to big rigs, the stakes are even higher. Overloaded trucks pose a significant threat...

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Trucking Accidents: Big Rigs, Catastrophic Injuries and Lots of Potentially Responsible Parties.

Trucking is big business. According to the U.S Department of Transportation (“DOT”), trucking accounts for 70% of the total tonnage and 71% of the value of all goods shipped in this country, and many truckers travel at least 600 miles to get to their destination. That puts a lot of trucks on the road for long distances. In Louisiana alone, each year, the average number of fatalities from tractor trailer accidents is over 100, while injuries from trucking accidents are over 3,000. Big Accidents, Catastrophic Injuries. Big rigs are more likely to be involved in fatal multiple vehicle crashes—(as opposed to single-vehicle...

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What is the 60/70 Hour Rule?

It’s not hard to sympathize with commercial truck drivers when you consider how difficult their working conditions are: long, lonely hours on the road away from their families for days at a time, sitting in cramped conditions, dealing with the stress of traffic all day long, day after day. But when a tired or inattentive trucker causes an accident that takes innocent lives or leaves a person with catastrophic injuries, that’s where our sympathy ends. The fact that the terrible working conditions, and particularly fatigue, is a leading cause of commercial trucking accidents is well-recognized by both the trucking industry and...

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Commercial Truck Drivers and the Drug Use Problem.

We often take our safety on the road for granted. But if you happen to see the aftermath of an accident involving a big commercial trucking vehicle and a passenger car, or know someone who has been in such an accident, the fact that many professional truck drivers have a drug problem, just might have you vowing to never leave the house again. Truck Drivers and Drugs. Sadly, studies have shown that the use of “mind-altering substances” is high among commercial truck drivers. According to the National Transportation Safety Board (NTSB), synthetic drug use among commercial drivers has significantly increased in recent...

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3 Facts You Should Know About the Jones Act.

The Merchant Marine Act of 1920, more commonly known as the Jones Act , is the foundational federal law that governs the maritime industry in the United States. While lots of laws can be complicated and confusing, admiralty law or maritime law is in a class by itself.  Maritime law has its own substantive and procedural rules that are separate and distinct from common law and it takes years to master its nuances. However, it has some basic concepts as well. Here are 3 things that you should know about the Jones Act. Only a Seaman Can Sue His Employer for...

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Yes, You Can Afford Legal Representation for Your Personal Injury Case. Here’s Why.

“You need an attorney.” Those words can strike fear into the hearts of many people. That’s because most people think they can’t afford to hire an attorney when they need one. But that’s not always true. For many cases — including most personal injury cases— you can afford to hire an attorney. How can we say that? Because it costs you nothing. How You Can Afford to Hire Counsel for Your Personal Injury Case.   The reason why you can afford to hire counsel for your personal injury case is because most attorneys handle personal injury cases on a contingency fee basis. Attorneys generally get paid...

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A Brief Explanation of “Negligence” In Personal Injury Cases.

If you have been injured due to the carelessness of someone else, you may want to bring a personal injury action to recover for your medical expenses and any property damage you may have suffered. If that’s your situation, you will want to understand the concept of “negligence” when it comes to personal injury actions. There’s Negligence, Then There’s Negligence in Louisiana. One thing you should know is that in law, the term “personal injury” covers a lot of ground.  A personal injury case can be anything from being injured in a car accident, to slipping and falling, to exposure to...

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What is Toxic Tort Litigation?

Remember the movie, Erin Brockovich?  That movie told the story of a legal assistant’s discovery that Pacific Gas & Electric had been poisoning the water supply in the town of Hinkley, California for 30 years. Or how about John Travolta’s 1999 movie, A Civil Action? That was based on the true story of 8 Woburn, Massachusetts families whose children and spouses contracted and died of leukemia after the local water was contaminated by W.R. Grace Co told the story. Why bring up movies in a law blog? Because these movies are examples of toxic torts. Toxic Tort Litigation. A toxic tort is a legal claim...

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Are You Eligible Under the Longshore and Harbor Workers’ Compensation Act (LHWCA) for Compensation for Your Shipyard Injury?

You can probably recite the articles of the Constitution that give you the right to not incriminate yourself, the right to free speech, or the right to bear arms, but how about the constitutional article that dictates which law (federal or state) governs maritime (“admiralty”) cases? Give up? It’s Article III of the Constitution. Article III gives the federal court original jurisdiction over all cases of admiralty or maritime law. As far back as 1789, Congress granted to the district courts exclusive original jurisdiction in civil cases in admiralty and maritime matters. Why not give that power to the state courts? Because maritime suits often...

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