damages Tag

Who Are Potential Defendants in a Toxic Tort Case?

In most civil litigations, there is generally one plaintiff and one defendant. In toxic tort cases, however, it’s not like that. Toxic Tort Cases A toxic tort is a legal claim that is made when a person is harmed by exposure to a dangerous substance, like asbestos, pharmaceutical drugs, pesticides or harmful chemicals. In toxic tort cases, the plaintiff (i.e., the person harmed) sues to recover damages (to pay for medical bills, treatment, etc.) for the harm that the exposure did to them. Figuring out who is responsible for the plaintiff’s damage can be very difficult. Which is why, in most toxic tort...

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What is “Maintenance and Cure”?

Working aboard a ship—any type of ship— is a dangerous and demanding job. Injuries are not uncommon. However, because seamen are not land-based workers, when it comes to being compensated for a work-related injury or an illness (whether work-related or not), their legal rights are far different from those enjoyed by non-seamen. Injured Seamen and Compensation Unlike the majority of land-based employees, seamen are not entitled to file a worker’s compensation claim against their employer if they get injured while at sea. Instead, the rights of injured maritime workers are governed by federal law and general maritime law. The type of claim...

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The Dangers of a Concussion

A boxer goes down after a mighty blow to the head. Two football players bump helmets during a tackle or head-first fall. You’re involved in a head-on collision. Each one of these situations can cause a concussion. Concussions Do Serious Damage to the Brain A concussion is a form of traumatic brain injury (“TBI”). It is an injury to the brain that affects thinking and other aspects of cognitive function. According to the American Society of Neuroradiology, 75% of all TBIs are concussions. Some concussions can be recovered from in a matter of days, but most take 3 weeks or more. Some of...

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U Better Not Text N Drive in LA.

The Pelican State is known for its relaxed, party-loving attitude. There’s nothing most Louisianans like better than kicking back with family and friends, having fun, eating great food, and letting loose with some fantastic jazz. But when it comes to driver safety and kids in a school zone, all that changes. Louisianans are serious about protecting their kids. In Louisiana, you cannot use your phone for any reason at all if you are driving in a school zone during school hours. Distracted Driver Laws. The fact that texting or using your cell phone while driving (i.e. “distracted driving”) is dangerous and downright negligent, should...

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Just in an Accident With a Big Rig? Do This.

Getting into an accident with any kind of vehicle is upsetting. But if you are in an accident with an 18-wheeler or commercial truck that can weigh as much as 80,000 pounds, you won’t just be upset—you just might come unglued. Big rigs wreak enormous havoc when they are involved in an accident with a passenger car.  The injuries to the people in the car can be catastrophic or can result in someone’s death. Recovering from injuries received in a crash with a big rig can take months or years; if you recover at all. Accidents involving big rigs are governed by...

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The Real Dangers of Distracted Driving.

You’re driving down Interstate 10 and you hear it. That little “bing” on your phone that tells you that you have a text message.  Do you read it? Well, you know you shouldn’t. You know texting and driving is dangerous. So you tell yourself, “I won’t really read it; I’ll just take a peek….” The next thing you know, your car is careening around the highway, and you end up in a crash. The Danger is Real. According to statistics, 25% of all motor vehicle crash fatalities are caused by distracted driving (talking or texting while driving). On average, every day there are...

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Understanding Wrongful Death Claims.

Coming to grips with the death of a loved one is never easy. When that person died as the result of the carelessness or intentional misconduct of another, the impact on those left behind can be devastating. Wrongful Death Claims In General. A wrongful death can be the result of someone else’s negligent or reckless conduct (for example, medical malpractice; workplace accidents; explosions; toxic torts) or can even be caused intentionally (e.g., bar fights; shootings, etc.). When an individual’s death is caused by the wrongdoing of another person or even an entity, like a corporation, the law allows the surviving family members...

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Some General Information About Traumatic Brain Injuries.

Any number of accidents— whether car accidents, falls, sporting accidents, crashes with a big rig, or oil rig explosions, or more— can leave an individual with a traumatic brain injury (“TBI”). TBIs can have long-lasting and devastating effects on a person’s life and on those around him. Because TBIs are so serious, it is important to know a little bit about them. Severity of Traumatic Brain Injuries. Like any injury, the severity of a TBI can range from everything from a bump on the head to serious brain damage. Not surprisingly, then, the symptoms of a TBIs have a wide variance as well. However,...

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3 Common Risks of Riding a Motorcycle Leading to Accidents.

Every year there are approximately 2,000 motorcycle accidents in Louisiana. In many of these, the bikers are fatally injured. Riding a motorcycle isn’t the same as driving a car. So its not surprising to find that the causes of motorcycle accidents, the injuries resulting from motorcycle accidents, and how liability is determined in these accidents are very different from those of car accidents. Risks of Riding a Motorcycle. Motorcycles are much smaller and lighter than cars. The rider is exposed and the bike itself is vulnerable to road conditions. These characteristics, along with others, make motorcycle riding riskier than riding in a car....

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How a Police Report Can Help Your Car Accident Case.

Car accidents are not just upsetting. When a car accident first happens, most of the time the people involved are in shock. Depending on injuries and the circumstances of the crash, that shock can be slight, or it can be serious. That’s why the best thing you can do is prepare yourself ahead of time so that if you are ever involved in a car accident, you will know what to do. What to Do? What to Do? In the aftermath of a car accident, your first priority your well-being and that of your passengers. If you or one of your passengers is injured,...

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