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Day Law Group

Why You Need to Act Under the Jones Act if You Are an Injured Riverboat or Offshore Oil Rig Crewmember.

If you work on land and are injured during the course of your employment, in exchange for waiving your right to sue your employer for negligence, you can recover for your lost wages and medical expenses through the workers’ compensation provided by your employer. State workers' compensation statutes are intended to eliminate the need for litigation, by having the employee give up his/her potential claim for pain-and-suffering awards, in exchange for not having to prove that his/her employer was negligent. But, what if you don’t have a land-based job? What if you work in Louisiana’s maritime industry? Then you will need to look...

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What Is a Wrongful Death Lawsuit?

Is there any recourse for you if your loved one dies because of the negligence of someone else, say, in a car accident, trucking accident or due to a botched operation? Yes. What is a Wrongful Death Lawsuit? When someone dies as the result of the negligence or intentional actions of another, the surviving members of the victim’s family can bring a civil lawsuit for “wrongful death” against the person legally liable for causing the person’s death. Which of the surviving members of the victim’s family can actually bring the wrongful death lawsuit, (i.e., who can be the “representative”) varies from state to...

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The Number One Most Common and Dangerous Cause of Maritime Accidents Whether at Sea or During Dry Dock.

On a boat, surrounded by water, you might not think that this would be the number one killer of sailors and seamen, but it is. No, it’s not being washed overboard, or falling from a height or getting caught up in the cables. It’s fire. Fires Onboard. Whether out to sea or in dry dock, the most common cause of fatalities and significant damage to the ship’s property is a fire. Fires can start in a number of ways. Engine Rooms, Fires and Explosions. The most vulnerable part of any ship when it comes to fire is the ship’s engine room. Engine-room fires are common because of...

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Not Always Smooth Sailing: 3 Common On-Board Accidents That Could Kill You.

The Port of South Louisiana on the Mississippi river is the nation's largest port in terms of tonnage. The port handles more than half of all American grain exports. About 60,000 barges along with 4,500 to 5,000 deep-draft vessels come through the port each year. Whether you work on the river or aboard one of the huge ships waiting to take on cargo, working in the shipping industry is dangerous business. In addition to slipping and falling (a common occurrence on ships) here are 3 of the most dangerous situations riverboat mariners regularly encounter. Being Thrown Overboard. Falling overboard is...

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Injured at Work? Not Doing This Just Might Get You Denied Coverage.

If you get injured while on the job, there are some things you should do to protect your rights and your health. File a Report. The first thing you need to do if you are injured on the job is to file an injury report with your employer. Failing to do this within 24-48 hours after the accident could get you denied worker’s compensation. If your employer doesn’t have worker’s compensation, then you need to file whatever type of injury report your employer accepts. Again, if you do not do this, you may get denied whatever alternative injury coverage your employer...

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What is a “Contingency Fee”?

Many people hesitate to hire an attorney because they are concerned about how much it will cost them to be represented. While it is true that litigation can be expensive, contingency fee cases solve much of that problem. Here’s how it works. Contingency Fee Agreements. A contingency fee agreement is a contract that you sign when you hire counsel to represent you. While most attorney-client contracts charge an hourly rate for an attorney’s time, with a contingency fee agreement, you do not have to pay any money up front. Your attorney gets paid “contingent upon” (only if) you win at trial or reach...

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What “Money Damages” Mean in a Personal Injury Lawsuit

In criminal cases, the defendant often spends time in jail to pay for his crimes. In civil law cases, the defendant must compensate the injured party by paying for the damage he has caused. In other words, in a civil case, the defendant pays the injured party  money damages. Money Damages. Money damages can be recovered in personal injury cases (i.e. negligence) like car accidents, truck accidents, or slip and fall cases, for example. Their purpose is to compensate the injured party for the damages he/she has suffered so as “put the plaintiff in as good a position” (not better) as he/she...

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Two Reasons Why You Might Not Want to Hire the Big, Out-of-State Law Firm to Handle Your Louisiana Mesothelioma Case

You may have seen the frequent T.V. advertising by several big, out-of-state law firms that specialize in mesothelioma cases. While these advertisements may be appealing and may draw you in, keep in mind that choosing an attorney to represent you in a mesothelioma case —or in any case—is a very important decision. You want to make sure that you choose an attorney that is not only experienced in the area of law governing your case, but is someone you trust, feel comfortable with, are willing to work with, and feel confident that they will do a good job for you. Your...

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Two Louisiana Professions Likely to Expose You to Toxins

When you have a job that requires you to work around dust, fibers, chemicals or fumes, you are put at risk for developing an occupational disease. There are thousands of potentially dangerous workplace chemicals. Some studies have shown that 4% to 10% of all cancers in the United States are caused by work exposures. There are certain jobs are just inherently dangerous to workers because they have a high rate of physical accidents or because they necessarily expose workers to deadly toxins. Here in Louisiana, we have several important industries that are dangerous for workers on both fronts. Here are just 2 of...

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3 Things You Need to Know About Filing a Mesothelioma Lawsuit

If you have been diagnosed with mesothelioma, you may want to file a lawsuit. Here are some things you should know before you do. You Have a Time Limit in Which to File Your Lawsuit Even though it can take up to 40 years for the symptoms of mesothelioma to manifest themselves, when it comes to filing a lawsuit to recover for your injuries, you have to move fast. All states have what is called a “statute of limitations” for different civil wrongs. The point of the statute of limitations is to prevent a plaintiff from waiting forever to act on...

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