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While no amount of money can replace the loss of a cherished family member, pursuing and winning a wrongful death and survival lawsuit may be essential for your family. The negligence-caused death of your loved one may have left your family with substantial expenses as well as with a massive loss of income that was previously provided by the deceased. All of these things indicate that an award of damages is appropriate to compensate for these losses, and help keep your family on more solid financial ground. To find out more about how to pursue a winning claim for wrongful death and survival, reach out to a knowledgeable New Orleans injury attorney.

The family of a Concordia Parish man found themselves in litigation due to such a tragic situation. R.S. was a father of four who, in the early fall of 2015, was traveling on U.S. Highway 84 northwest of Baton Rouge. On that trip, he encountered a 18-wheel log truck driven by M.G. The 18-wheeler and R.S.’s pickup crashed head on. The accident killed R.S, his 17-year-old daughter and his 15-year-old son. The driver of the 18-wheeler was later tried and convicted in criminal court for driving while under the influence of drugs.

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car insurance

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Each instance where someone suffers injuries as a result of an auto accident is unique, but there is one thing that is common in many if not most such accidents, and that is the need to interact with one or more insurance companies in order to get compensation for your injuries. Insurance companies, of course, do not desire to pay out any more in claims that they absolutely must, so getting the payment you deserve may involve several steps, including going to court. Whether your pursuit of payment from an auto insurance company requires going all the way to trial or not, getting the payment you deserve from an insurer is often enhanced by having representation from a knowledgeable and diligent New Orleans auto accident attorney.

Sometimes, a case may even involve multiple insurance companies. J.H. was a truck driver for a Lafayette-based transportation and logistics company and was hurt in a 2013 on-the-job auto accident. When you are injured in an auto accident that took place while you were on the clock, your case potentially can be somewhat complex, because it may involve multiple people and entities. Very likely, you will sue the other driver in the accident and perhaps that driver’s auto insurance company. (If that driver was working at the time of the accident, then the legal action may also include that driver’s employer and the employer’s insurance company.) You may additionally need to name your own insurance company in order to obtain payment under your policy’s underinsured/uninsured motorist (“UM”) coverage, and the insurance company of your employer in order to pursue payment under that policy’s UM coverage, as well.

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elevator buttons

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When you think about an elevator accident, the first images that leap to mind may be of an elevator stuck between floors or an elevator car that suddenly plummets several floors. While these types of scenarios can, and do, cause serious injuries, they are not the only kind of elevator incidents that can lead to injuries for which you may be entitled to compensation. If you’ve been hurt in an elevator accident, even if there was no malfunction of the elevator car’s movement at all, you should consult a knowledgeable Louisiana injury attorney about your options.

A very recent lawsuit filing from out of state, reported upon by the Penn Record, is an example of this type of accident. A.T. was a hospital worker whose duties included, among other things, moving a food cart from place to place. One day, as A.T. was trying to move the cart into or out of the elevator, the cart allegedly got stuck in the gap between the elevator car and the basement floor. When cart got stuck, the unexpected and sudden stoppage caused the worker to suffer substantial injuries, including physical pain and suffering, as well as mental anguish, according to A.T.

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car accident

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Many types of sports today have an option for a competitor to challenge a ruling made on the field, and to have that ruling analyzed again. Appeals of court rulings are not exactly like that. In the law, a lot of rulings by trial courts are entitled to a certain degree of deference, meaning that many appeals can only be successful (and the underlying ruling overturned) if that lower ruling was clearly unreasonable. What this means for you is that it is of paramount importance to be sure you are putting on your strongest possible presentation and arguments when you appear in the trial court, because it is a lot easier to argue for affirming your successful result than to argue to an appeals court for the reversal of an unsuccessful result in the trial court. To be sure you are making that strongest possible case, be sure you have representation from a skilled Louisiana injury attorney.

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wet floor

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Slip-and-fall and trip-and-fall accidents in Louisiana are, in some ways, somewhat similar to those types of cases in other states. In order to obtain compensation for your injuries, you need proof that the person or entity you’ve sued either caused the problem, knew about the problem (and did not act), or reasonably should have known about the problem (and did not act). Getting the evidence you need to succeed in your case is vitally important because a slip-and-fall or trip-and-fall injury can be serious and can have life-altering effects on you. To make sure that you are amassing the proof you need, be sure you have retained the services of a knowledgeable New Orleans premises liability attorney.

One nearby slip-and-fall case that demonstrates what it takes, in terms of proof, was the lawsuit filed by D.F. D.F. was a shopper in a supermarket in Mandeville when she slipped in Aisle 12 on a clear liquid substance, suffering injuries as a result. When you go to a store, you probably presume that the store you’ve entered is safe for shoppers in all relevant areas. Unfortunately, that isn’t always the case.

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distracted driving

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The problem of distracted driving is a massive one that, each year, takes a major toll on people traveling the country’s roads and highways. Although the number of people killed in distracted-driving deaths dropped from 2015 to 2016, the National Highway Traffic Safety Administration recorded more than 3,400 such deaths in 2016. A major cause for distracted-driving wrecks is cell phone usage. If you have been hurt due a driver who was distracted by his/her cell phone, the law may allow you to recover substantial damages. Be sure you have an experienced New Orleans injury attorney on your side to help you get the compensation to which you are entitled.

Back in June, yet another fatal vehicle accident allegedly caused by distracted driving occurred in Louisiana. Police arrested a Terrebonne Parish man in connection with a fatal head-on accident on Highway 659 in Terrebonne, according to nola.com. At around 2:00 A.M., B.M. and R.N. were traveling in opposite directions on the highway when B.M.’s full-size pickup truck crossed the center line and slammed head-on into R.N.’s sedan. The accident caused minor injuries to B.M., moderate injuries to R.N.’s passenger and fatal injuries to R.N.

B.M. was arrested after law enforcement searched his cell phone. The search held “evidence of distraction,” according to the report. The report did not indicate if the proof showed B.M. to be texting while driving or using some other app or feature on the phone when the fatal crash took place.

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elevator button

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While you may not necessarily realize it, any elevator accident has the potential to be massively harmful. A fall of just a few floors can be extremely dangerous and damaging, especially if your accident involves an elevator stopped by an impact with the ground. The sudden stop can exert a profound jolt on your body. This can cause serious damage to feet, ankles, legs, knees, hips and your back. These injuries can include both broken bones and soft tissue damage. Regardless of how far you fell, you should take timely action to protect your rights and your ability to recover compensation for the harm you suffered. Reach out to put an experienced New Orleans injury attorney on your side.

One recent elevator accident case originated in the state’s capital. G.T. worked for the state’s Department of Health and Hospitals at the Bienville Building in downtown Baton Rouge. One day in early 2011, G.T. left his eighth-floor office at the end of the work day and took the elevator down, as usual. The trip was far from typical, however. As the elevator reached the third floor, it fell suddenly, plummeting all the way to the ground floor. The powerful impact caused G.T. to suffer serious injuries to his spine, hip and both knees. The injury forced the worker to undergo a bilateral knee arthroscopy. He also eventually needed multiple lumbar fusion surgeries to address his spinal injuries.

If you are injured in an elevator accident, you may be entitled to compensation for the harm you suffered. The correct avenue for seeking that compensation may vary based upon the facts of your case. In G.T.’s situation, because the elevator accident that injured him occurred in the office building in which he worked, he was able to pursue, and obtain, compensation in the form of workers’ compensation benefits.

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UNINSURED & UNDER-INSURED (“UM” & “UIM”) MOTORIST COVERAGE IN LOUISIANA

One of the most beneficial types of auto insurance coverage to have in Louisiana is uninsured motorist coverage. You can call on this coverage in your auto insurance policy when you are not at fault for the accident and have sustained damages caused by another driver who has no insurance, or whose insurance limits are insufficient to cover your damages.  You can also use your uninsured motorist coverage if you are the victim of a hit and run accident or if you are injured by a vehicle as a pedestrian. Uninsured motorist coverage and under-insured motorist coverage is the same thing in Louisiana, so if you have uninsured motorist coverage you also have under-insured motorist coverage. This type of coverage is abbreviated as “UM” or “UIM” insurance. Any claim made under this insurance is known as a nonfault claim.

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car accident

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Since Louisiana law considers a left-hand turn at an intersection one of the most dangerous moves a driver can attempt to make, and since “an oncoming driver has a right to assume that the left-turning motorist will… yield to her right-of-way,” the law establishes a very strong presumption that an accident involving a left-turning driver is legally the fault of the left-turning driver. Even if you were the left-turning driver, however, you may be entitled to compensation for your injuries in some situations. The key is, if you’ve been hurt, to consult an experienced New Orleans car accident attorney and find out more about the options available to you.

A real-life example from St. Tammany Parish, reported by nola.com, illustrates just how dangerous left turns can be. The collision took place at the intersection of Louisiana Highways 22 and 1085 near Madisonville. According to the report, a 16-year-old who was driving south on 1085 made a left-hand turn onto 22. While the girl fully stopped at the stop sign, she failed to yield to oncoming traffic when she pulled out and made her turn onto Highway 22. A full-size pickup truck slammed into the girl’s car on the driver’s side. The impact caused the truck to spin into another lane of traffic and hit a third car.

The driver of the third car and the driver of the truck were not hurt. The girl driving the turning car, along with her mother, who was riding alongside, died from their injuries. All involved were wearing seat belts, and none of the drivers was suspected of driving while impaired, according to the nola.com report.

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car accident

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Each type of auto accident case comes with its own unique set of challenges. Multi-car accidents that cause injury can be especially tricky when it comes to asserting your legal rights. It may take skillful investigation to assess which driver was at fault and, therefore, liable to you for the harm you suffered. An experienced New Orleans injury attorney can help you collect the information you need and then apply it to pursue compensation for your damages.

A recent accident case from Lafayette was an example of how these factual differences can influence who is liable for your injuries. The accident involved a three-car rear-end crash where G.M. was the driver of the lead vehicle. T.S. was operating the second vehicle and B.G. was the driver of the third.

If you’re injured in a multi-car accident, it is very important to retain counsel quickly so that your lawyer can get to work on your case. If you were in a three-car rear-end crash (as G.M. was) and the third car crashed into the second and that impact slammed the second car into you, then that may create a situation where the driver of the third car is 100% at fault. Alternately, if the driver of the second car crashed into you first, and then the third car crashed into the rear of the second car, that may create a situation where the driver of the second car bears 100% of the blame. It is also possible that the two drivers share legal liability.

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