litigation Tag

Asleep at the Wheel: A Serious Trucking Issue.

Every year over 110,000 people are injured and more than 5,000 are killed in motor vehicle accidents involving commercial trucks. If that’s not scary enough, one study conducted by the Harvard School of Medicine – Sleep Medicine Division reported that nearly half of all semi-truck drivers admitted to having “drifted off” while driving a long-haul route. Sleep Deprivation. Sleep deprivation is a common cause of big rig accidents. Long-haul truck drivers are on the road driving from coast to coast. They sit all day, alone in a cab, driving in traffic.  Their hours are irregular and truck  drivers work nights, weekends...

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Louisiana’s Damages Cap.

Louisiana is like no place else. No other state in the Union was named for a French king. (King Louis XIV.). In Louisiana, we have our own way of doing things. Our geography, food, even our language is different from anyone else’s. So are our laws. Personal Injury Lawsuits and Damages. When you are injured by the negligence of someone else, you often end up with unexpected medical bills, pain, property damage, lost wages, and sometimes, emotional distress. In the context of a personal injury action, these expenses are referred to as “damages.” Damages can be economic (e.g., your medical bills, repair...

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Legal Hurdles to be Overcome in a Brain Injury Case.

Some cases may be more difficult to prove than others. That does not mean they cannot be proved, simply that for some cases, we just have to fight harder to win. Brain injury cases can be like that. Brain Injury Cases and Legal Proof. Why are brain injury cases difficult to prove? Because, for one thing, brain injuries don’t always show up on scans. A brain can a appear normal and healthy on a scan even though it is not. Another difficulty encountered with brain injuries is that they do not always appear immediately. If you break your leg, that’s an injury that is immediate...

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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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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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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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