Personal Injury

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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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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What Happens if You are Partially At Fault for Your Motorcycle Accident?

Motorcycle drivers are probably better known for dressing all in black, lane splitting and speeding than they are for wearing neon orange and driving carefully and conservatively. Not surprisingly, the number one statement made by passenger car drivers involved in accidents with a motorcycle is “I never saw him.” Motorcycle Accidents and Injuries When it comes to motorcycle accidents, the injuries suffered by the rider are almost always severe. Because they are unprotected, except by a helmet and a little bit of leather, motorcycle riders who are hit by a passenger car frequently suffer serious,  if not fatal, injuries. In addition to the emotional damage caused by a crash, these injuries...

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A Few Things to Know About Car Accidents and Traffic Citations.

It’s bad enough to be involved in a car accident. It’s worse if you are cited with a traffic violation at the scene. Traffic Citations and Who is “At-Fault” If you are issued a citation at the scene of an accident by the police, it is pretty strong evidence that you were “at fault” for the car crash—especially if you were the only driver involved who was cited at the scene. Being issued a traffic ticket does not mean that it is a completely foregone conclusion that you will be found to be at-fault for the accident, of course, but it is pretty damning evidence against you. It...

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Car Accidents and Louisiana’s Child Restraint Laws

Getting into a car crash is bad enough, but when there are children in the car, an accident can be devastating. If you have children in the car, in addition to driving safely and obeying all traffic laws, there is something else you can do to try to keep your children safe. What is it? Use the proper child restraint. Child Restraint Laws According to statistics, car accidents are a leading cause of death among children under the age of 12. Car restraint laws have been put in place in an effort to curb these tragic statistics. In Louisiana, we take our children’s safety very seriously. Child seats can reduce the risk...

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What is Spoilation of Evidence?

People don’t always play by the rules. Especially when to do so will cost them a lot of money. Take personal injury cases, for example. In some personal injury cases, the victim’s injuries can be catastrophic and the defendant’s negligence (carelessness; breach of duty) can be clear. Which means, if there is clear evidence showing that the defendant was negligent, it is going to cost him/her a lot of money if a judge or jury find him liable. So what happens? Well, sometimes, a defendant facing a pending lawsuit will either destroy or not save the damming evidence. When evidence that is important to...

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February 1-7 is National Burn Awareness Week. A Little Bit About Burn Injuries.

The early part of February is always National Burn Awareness week. Burn injuries are among the most devastating and excruciating personal injuries one can suffer. Here in Louisiana, where our economy thrives on oil drilling and commercial fishing, burn injuries are not uncommon. Burn Injuries and Explosions A major risk of working on oil rigs or commercial fishing boats is fires. Some fires are caused by materials catching on fire, others are caused by explosions. The effects of an explosion are devastating. For example, who doesn’t remember the 2010 Deepwater Horizon catastrophe? The explosion of the Deepwater Horizon drilling rig caused a fire on...

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How a Preexisting Medical Condition or Injury Affects Your Personal Injury Case.

If you have experienced a personal injury due to the fault of someone else—whether that is a car accident, truck accident, slip and fall or the like, it is important that you understand what your legal rights are and the factors that can affect them. Having a pre-existing injury is a fact that could affect your personal injury lawsuit. Pre-existing Injury A pre-existing injury or medical condition is just what it says: an injury or medical condition that you had before incurred the new injury or medical condition that is the subject of your lawsuit. While having a pre-existing injury or medical condition...

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