damages Tag

The Importance of Trucking Logbooks

When two passenger cars get into an accident, things are generally pretty straight-forward. The parties exchange information, the police are called and make a report, pictures are taken, and the names and addresses of any witnesses are taken down. All of this later is used to investigate which driver was at fault (or to what degree each driver was at fault) and for evidence in a later claim or lawsuit. But when there is an accident between a passenger car and a commercial truck, like an 18-wheeler, tractor-trailer or other big rig, nothing is that simple. Trucks and the Federal Law Commercial trucking...

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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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Why You Want To Have Car Insurance if You Live In Louisiana

Have you ever wondered why you must have car insurance before you can drive in Louisiana or pretty much any other state? Car insurance is necessary, of course, in the event you get into a car crash. But in Louisiana, it goes a bit beyond that. Louisiana’s Laws On Car Insurance When it comes to insurance claims for car crashes, Louisiana follows the “fault” system. This means that before you can recover damages for injuries or property damage you suffered in a car accident, you must prove that the other driver was “at fault.” In addition, you need to have car insurance. Louisiana’s...

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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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Airplanes Have Them and So Do Commercial Trucks. The Commercial Truck Black Box.

In the (thankfully) rare instances when an airplane crashes, airline companies and the federal government need information to find out what went wrong, to prevent it from happening again. They do this by means of a “flight recorder” also known as a “black box.”(Why this is so when flight recorders are actually orange, is anyone’s guess.) A flight recorder is an electronic recording device that is in the aircraft. Its purpose is to record the airplane’s flight history. In the event of a crash, the information on the flight recorder can assist officials in investigating the cause of the crash. Commercial Trucks...

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What is an “Eggshell Plaintiff”?

Sometimes in personal injury cases, it’s a toss up as to who has the worse luck: the injured victim who had a pre-existing condition and was injured in a new accident, or the guy who hit him. Why? Because of the legal concept referred to as the “eggshell” or “thin-skulled” plaintiff. What is the Eggshell Plaintiff Rule? In personal injury cases, accident victims are not entitled to compensation for any previous conditions or injuries they might have had, unless they can prove that their condition was worsened as a result of the (new) accident. This could be for physical and mental injuries, or a...

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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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Can You Get A Brain Injury From a Slow-Speed Rear-End Collision?

Many times we dismiss “fender-benders” or slow-speed rear-end collisions as not “really all that bad” or as “nothing serious.”  While at first slow-speed collisions may not seem all that serious, sometimes the injuries sustained from such a crash can be very serious. Here’s why. Because You Can Get A Brain Injury From a Slow-Speed Rear-End Collision While we normally think of brain injuries as occurring as part of a high-impact car or truck accident, the truth is that you can get a brain injury from a slow-speed rear-end collision. Why? Because when the head is suddenly tossed back and forth—as happens when you get hit...

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Think the Insurance Adjuster is Your Friend? Think Again.

Whenever you are injured because of someone else’s negligence, and you file a claim to recover for your damages, it is more than likely that you will be dealing with some type of insurance company. It doesn’t matter whether you were injured in a car accident or in a slip and fall on private or public property, or whether your claim involves medical malpractice. Some kind of insurer will be handling the case for the at-fault party. “Well, so what?”, you may be asking. Here’s what. Insurance Adjuster’s Perspective vs. Your Perspective As soon as you file a personal injury claim an insurance adjuster...

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Invasion of Privacy and Personal Injury Claims

Living in the modern digital age is a great thing. Social media puts us in instant contact with our friends and people all around the world. It’s great. That is, until it isn’t. Social media gone bad can have devastating impacts. It can also lead to lawsuits. Social Media, Invasions of Privacy and Personal Injury Privacy invasions have been alleged due to a number of social media activities. In one case, a paramedic alleged her privacy was invaded by her company which fired her for posting a comment on Facebook saying she wanted to “slap” a patient that needed restraining. In another...

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