Summary
Why Hire HKGC for Your Personal Injury Lawsuit
Dealing with the aftermath of a tragic accident can be overwhelming. Many families with seriously injured loved ones must tap into savings and retirement accounts to pay for necessary medical care. A family’s income may be drastically reduced if a father or mother cannot work due to an injury or death. The financial and emotional strain imposed upon a family can be unbearable.
The trusted and talented Louisiana personal injury attorneys at Herman, Katz, Gisleson & Cain are committed to fighting for families devastated by a personal injury caused by the negligence of others. We protect our client’s rights and ensure they’re fairly compensated through personal injury lawsuits. Our attorneys help alleviate some of the burdens by handling communication and negotiation with insurance companies and the defendant’s lawyers so that you can focus on your recovery.
Our successful track record proves we can handle ourselves and your best interests when the gloves come off. All told, we have recovered over $35 billion for our clients over the years, both in court and at the negotiating table. We are the go-to law firm when looking for skilled and proven Louisiana personal injury attorneys.
What Is a Personal Injury Lawsuit?
Personal injury lawsuits are civil claims against an individual, business, or other entity responsible or partly responsible for the harm caused to the injured party. They allow those injured by someone else’s negligence or intentional actions to seek compensation for a range of damages, such as lost wages, medical expenses, and pain and suffering.
Unlike in criminal cases where you must prove guilt beyond a reasonable doubt, personal injury lawsuits must show that more likely than not, the defendant’s negligence or intentional actions caused the accident or injury. It’s important to note that civil lawsuits of this kind can be filed when a criminal lawsuit is also occurring.
Some personal injury claims are clearly the fault of another, but they’re often quite complex. In a personal injury lawsuit, proving negligence involves four elements:
- Duty: The party owed a duty of care to the plaintiff.
- Breach: They breached that duty.
- Causation: The breach caused the injury.
- Damages: Damages were suffered because of the breach.
Personal injury lawyers must investigate, collect, and carefully examine the evidence and facts to successfully demonstrate how another party is liable. Our attorneys keep clients updated throughout the legal process and provide the information and advice needed to make a decision about settlement offers during negotiation – but we’re always prepared to take the case to court if a fair offer isn’t made.
Negotiation vs. Litigation
You may have heard that most personal injury claims are resolved out of court. Strictly speaking, this is true. Most defendants will rather avoid the time and expense of a trial if they think there’s a significant chance they might lose. However, don’t let this fact deceive you – it is said (quite wisely) that “all bargaining takes place in the shadow of the law.”
No defendant or insurance company will likely offer you a fair settlement unless you prove that you are substantially likely to win at trial. Of course, that means assembling evidence that is admissible under court rules just as it would if a trial were already underway. In many ways, preparing for negotiations is similar to preparing for a trial.
Why Do You Need to Hire a Personal Injury Attorney?
When you’re injured, those liable will rarely, if ever, offer the compensation you’re entitled to unless a strong personal injury lawsuit is presented. There are many strategies the responsible party may use to get out of paying a victim adequately. For example:
- Insurance companies don’t have your best interests in mind; they’ll pay as little as possible when someone makes a claim, won’t share all the facts, and frequently trick victims into signing something and dragging out negotiations.
- Employers take advantage of injured employees, try to keep them quiet, place blame on them and others, and lowball compensation offers. Since employment contracts are confusing, many victims may not see a legal avenue to pursue a claim, and their employer may even convince them they can’t be sued.
- Businesses and large entities have deep pockets for legal situations, a distinct advantage over the average victim who’s injured as a result of their negligence; they often use their power to intimidate the wronged party.
All of these situations make it difficult for personal injury victims to stand up for themselves, especially when hurt and vulnerable or dealing with the loss of a family member. But when you hire a personal attorney, you can focus on recovery and coping with the widespread effects of an accident or illness. They deal with insurance companies on behalf of their clients, review employment contracts, and communicate with the defendant’s lawyers, so you don’t have to.
When you hire a personal injury lawyer, they can determine the level of compensation that could and should be paid. They specialize in specific areas of law (practice areas), and an attorney’s knowledge and experience are crucial to ensure a settlement meets your needs and is what you deserve.
Other reasons why you should hire a personal injury attorney include the statute of limitations and the fact that they only get paid if you do. Lawsuits involving injuries caused by someone else’s negligence must be filed fairly quickly; they’re time sensitive, and victims frequently miss their window of opportunity for justice and to be compensated for damages. And since personal injury attorneys work on a contingency basis, clients don’t have to pay fees unless they win your case through an agreed settlement or jury award.
What Does a Personal Injury Lawyer Do?
The work of a personal injury attorney is extensive. It takes time to build a case that clearly and successfully demonstrates liability and the compensation a victim is entitled to.
Personal injury attorneys not only file lawsuits but run an in-depth investigation to collect vital evidence and identify who’s responsible for an injury. After all, there may be multiple parties that a claim should be made against.
They interview witnesses, take photos and videos of accident scenes (or have a qualified team to do so), collect medical documents and imaging, consult with experts, collect police reports, and review policies, contracts, and damage reports.
Damage calculations are a crucial part of a personal injury lawyer’s work. There are many economic and noneconomic factors when determining a claim amount, including lost wages, emotional stress, pain and suffering, decreased enjoyment of life, lost earning capacity, and future costs and implications of an injury. This is difficult to do without the help of someone with experience handling similar cases and a deep understanding of applicable laws.
Families seek our help because a tragic event has changed their lives. Most families come to us anguished and exhausted. We understand that they depend on us to pursue justice on their behalf, and we consider this to be a sacred trust. If you or a loved one has suffered a personal injury, learn about your legal rights from an experienced Louisiana personal injury lawyer by calling 504-581-4892 or by filling out our no-obligation online form. We offer free consultations.
Types of Personal Injury Cases
Injuries can impact all areas of life and have a devastating effect on the victim and their families. Since accidents can happen anywhere and to anyone, many types of personal injury lawsuits exist. This is why it’s so important to seek legal advice when hurt, even if you’re unsure if someone else is liable.
The Louisiana personal injury lawyers at HKGC handle the following types of personal injury cases:
- Brain Injury: A brain injury can produce extensive long-term disability and some of the highest damage awards available for any type of injury. Our brain injury practice group is led by Dr. Joseph Kott, a retired neurosurgeon.
- Burn Injury: A serious burn injury can cause immense pain and suffering, and it can leave victims disfigured for life. Even more moderate burn injuries can generate tremendous personal losses.
- Auto Vehicle Accidents: Car accidents are the most common cause of personal injury. However, to win an adequate recovery against an insurance company, you’ll likely need the services of a skilled personal injury attorney.
- Contamination: Toxic contamination, produced by a disaster such as an oil spill, can cause economic devastation, serious public health problems, and even wrongful death. At HKGC, we have dealt with these issues before (during the BP oil spill litigation, for example).
- Construction Accidents: Those with construction jobs face serious risks of injuries due to the hazards and dangers on work sites. Safety regulations and standards are in place to help prevent construction accidents, but they’re still very common. These complex lawsuits require the help of an experienced construction accident attorney.
- Industrial Site Accidents: Industrial accidents are surprisingly common, especially in Louisiana. Compensation may be sought through workers’ compensation, the Jones Act, or ordinary personal injury law – depending on the circumstances.
- Dangerous Products: Louisiana law grants consumers and other people injured by an unreasonably dangerous product the right to damages. Product liability is distinct from other areas of personal injury law and is, in some ways, more favorable to the victim.
- Electrocutions: Electrical accidents, some leading to death, are far more common than most people realize. While many of these accidents befall skilled tradespeople such as electricians, whose jobs expose them to an elevated level of risk, members of the general public also suffer this kind of injury.
- Offshore Maritime: Offshore maritime law is a system all its own. Its rules are in many ways different from those that apply to other personal injuries. Louisiana’s large petroleum industry ensures that maritime law claims will always be common here, especially in coastal areas of the state.
- Wrongful Death Claim: When the victim of a personal injury dies, a wrongful death claim is a result. Although damages for these claims can be immense, the law works differently than an ordinary personal injury claim. Those who lose a loved one in an accident should consult a wrongful death attorney before agreeing to compensation or signing anything.
- Truck Accidents: 18-wheeler trucks act like highway missiles when the driver loses control, and the damage they can do is nearly comparable. Truck accident claims can present unique questions of law that do not arise in ordinary car accident claims.
Importance of Personal Injury Lawsuits
Personal injury lawyers anticipate and plan for any and all possible legal barriers and provide options that are specific to each case. At the end of the day, the impact of an injury or loss of a loved one can cause more than just immediate challenges; it can lead to long-term physical and emotional trauma and require medical care that can not only be financially debilitating but affect all areas of the victim’s life. With a personal injury lawsuit, victims can receive much-needed compensation that provides financial stability and adequately represents the damages suffered.
When someone else’s negligence or actions leads to an injury, illness, or death, holding them responsible is essential. Since many accidents don’t involve a criminal element, often, the only way to get justice is through filing a personal injury lawsuit. And if the negligent party faces criminal charges, the burden of proof is difficult to achieve, whereas a personal injury claim offers an alternate route in the pursuit of justice.
Historically, personal injury lawsuits have pressured liable parties to have higher standards that protect the public and prevent similar situations from occurring again. For example, there have been positive changes following defective product claims and toxic contamination lawsuits through the removal of dangerous products from store shelves and safer standards for the disposal of toxic substances.
Frequently Asked Questions
At HKGC, we understand that you aren’t going to hand over your hard-earned money in exchange for smooth talk and promises – you pay for victory and nothing less. We won’t charge you any fees in a contingency case unless you receive a recovery, and nothing will come due until you receive your negotiated settlement or jury award.
Depending on the nature of your losses and the defendant’s conduct, you might be eligible for the following:
- Economic damages – easily quantifiable expenses such as medical bills and lost wages (both current and anticipated future losses)
- Non-economic damages – emotional trauma such as pain and suffering, mental anguish and disfigurement
- Punitive damages – an extra amount awarded very occasionally if the defendant’s conduct was outrageous (against a surgeon who operated on you while intoxicated, for example)
Different types of cases have different rules about the time limits in which a case must be filed. Normally, you have only one year after an accident to file a lawsuit in Louisiana (minors have until their 19th birthday). If your claim is based on product liability or exposure to toxic substances, however, the one-year period doesn’t begin to run until you discover or should have discovered the true cause of your injuries.
It depends. Many cases are resolved fairly quickly. Some cases with minimal injuries are resolved within 3-4 months of an accident. However, cases that proceed to trial and are appealed to higher courts can take as long as 3-4 years. Ultimately, our goal is to resolve your case as quickly as possible so you can get back to your life.
If the insurance company is offering you a quick settlement, it is likely that either:
- You have an open-and-shut case;
- They are offering you much less than the amount your claim is worth; or
- Both.
Insurance companies are profit-seeking businesses, and it is highly unlikely that an early settlement offer will reflect the true value of your claim.
Yes, it can be if the defendant is willing to settle (most of them do eventually). Nevertheless, at some point, a lawsuit may have to be filed simply to motivate the defendant to settle. Another situation in which a lawsuit would have to be filed would be if the statute of limitations deadline were looming. Even then, the defendant might settle before trial.
Yes, you can. In addition to winning compensatory damages, you may even win punitive damages. Unfortunately, however, very few insurance policies cover intentional assaults. Even most auto insurance policies won’t cover “road rage” damages. However, you might be able to pursue a claim against a third party. For example, you might sue a bar for a beating inflicted by a bouncer.
It depends on what you mean by “win.” Under Louisiana’s pure comparative negligence system, you can always recover something unless the accident was 100 percent your fault. Your percentage of fault, however, will be subtracted from your recovery. For example, you will lose 35 percent of your damages if you were 35 percent at fault. In this case, the other party can also claim against you for 35 percent of his damages.
As personal injury attorneys, we work on a contingency fee basis. Our fee is contingent on recovering compensation for you. In other words, you don’t pay us anything until we recover something for you. Our firm advances all of the expenses associated with your personal injury case including court filing fees, expert witness fees, deposition expenses, etc. If we recover funds on your behalf, our fee is a percentage of the total amount recovered. If we are unsuccessful, you pay nothing. We are willing to spend hundreds of hours and thousands of dollars preparing our injury clients’ cases because we are confident in our ability to succeed at trial. In the end, we are committed to helping you regain your life after a tragic event such as a personal injury or wrongful death. You literally have nothing to lose.
You may not have a viable claim. Not every accident and personal injury leads to a claim. But if you are seriously injured in an accident, you owe it to yourself and your family to investigate the issue thoroughly. We use a variety of experts to help us analyze our potential cases. Oftentimes, these experts uncover facts that may have been hidden from you. If you have been injured in an accident, fill out our free, no-obligation case review form located on this website, and let us start investigating your potential case. If it turns out you don’t have a viable case, it will cost you nothing.
The medical bills associated with an injury can be daunting. Personal injury victims are often unable to pay these bills timely. As such, the bills can be sent to collections. If we agree to take your case, we’ll contact your medical providers and/or the bill collectors to let them know that a claim has been filed. Often, medical providers will defer payment of these bills until after a case is resolved.
Don’t do it without first consulting an attorney. By signing these documents, you could be jeopardizing your ability to file a case in the future.
No. You have the right to choose the doctor that you’d like to see after an accident. Do not settle for your employer’s doctor. Often, your employer’s doctor has an incentive to minimize your injuries so that you can be declared eligible to go back to work.
Learn about your legal rights from an experienced Louisiana personal injury lawyer by calling 504-581-4892 or by filling out our free, no-obligation case review form.
Under Louisiana’s “negligence per se” doctrine, a driver who violates a traffic safety statute is considered automatically negligent — he cannot argue, for example, that running a stoplight did not constitute negligence under the circumstances. To be held liable, however, the offending driver’s negligence must have actually caused the accident.
Government agencies are entitled to sovereign immunity (they cannot be sued unless they allow themselves to be sued). The reason for this is that any compensation must be taken from taxpayer-provided funds. Louisiana allows itself (and its local governments) to be sued for personal injury under certain circumstances, but it places a 500,000 limit on non-economic damages (compensation for pain and suffering, for example).
In all likelihood, little or none of it will be subject to tax. Personal injury compensation is generally not taxed by the IRS, because it is not considered earned income. Interest on your compensation (between the time of the accident and the time you are paid) is taxable as capital gains, and punitive damages are taxable as ordinary income. Few personal injury victims receive punitive damages.
Maximum Medical Improvement (MMI) is the point at which you have recovered about as much as you ever will (you might still be disabled, however). A doctor generally determines when you have reached MMI, and you may need to reach MMI before your future anticipated medical expenses could be accurately calculated.
Every offshore injury lawsuit is different, and many factors affect which maritime laws apply and the amount of compensation you may receive. When determining the value of an offshore accident claim, your attorney will calculate and factor in lost wages, lost work opportunities, medical bills, future expenses, medical needs, and even pain and suffering. The potential value of your claim won’t be known until you speak with an attorney.
It depends. The laws that apply to an offshore accident claim have different deadlines that must be met, and failure to file within a certain time period may result in forever losing the right to seek damages. If you or a family member has been seriously injured or killed as a result of a maritime accident, it’s essential to speak with an offshore injury lawyer immediately.
Yes. Offshore employers are responsible for providing a safe workplace, and specific maritime laws make them liable for the actions of their employees.
After being injured in an offshore accident, speak with an attorney before signing anything from your employer or their insurance company. Doing so may affect your ability to file an offshore injury claim. The best way to ensure you’re adequately compensated is to speak with an experienced attorney. They can walk you through the process, deal with insurers, and protect your rights by filing an offshore injury claim on your behalf.
In most cases, yes. Several factors often contribute to the cause of an accident when poor weather is involved. While weather can be unpredictable at sea, the decision to work in certain conditions and the safety protocols that should be followed when employees are working in harsh weather matters greatly in offshore injury claims. Even the decision to leave the port to transport offshore workers to job sites is important and should be examined when an accident occurs. The actions of other employees are another factor. Regardless of the weather at the time of an accident, a maritime injury attorney can review your case and determine what, if any, damages can be sought.
Under Louisiana’s product liability laws, there are certain ways a manufacturer, distributor, or seller of a product may be liable for personal injuries. If it was built incorrectly or had a design flaw that made it unreasonably dangerous, you may have a dangerous or defective product claim. Failure to warn consumers of known risks from using a product or breach of warranty if it doesn’t perform as represented and an injury occurs is also grounds for a product liability lawsuit.
Every dangerous or defective product lawsuit is different; therefore, the amount a claim is worth varies. The types of damages that can be recovered include medical bills and expenses (past and future), lost wages, loss of ability to work, pain and suffering, future loss of enjoyment of life, and more. Depending on the severity and overall impact of an injury, a Louisiana product liability lawsuit could be worth thousands or millions.
There are several ways products get recalled; sometimes, they’re recalled because they pose risks to consumers. Companies that sell a product may learn of a defect or safety issue and report it to the U.S. Consumer Product Safety Commission. Consumer and manufacturer watch groups and regulators may also discover product issues that lead to a recall. Regardless of who discovers the issue, it’s important to pay attention to recalls and follow the instructions of authorities.
Yes. When a product recall is issued, there’s a reason, and it could be a safety issue. The U.S. Consumer Product Safety Commission (CPSC) makes official recall announcements. Rrecalls are also announced through the U.S. Food and Drug Administration (FDA). If something is recalled, you need to follow instructions that are issued; this typically involves returning the product to where you purchased it and being on the lookout for signs and symptoms if there’s a health risk from using the product. Do not continue using a dangerous or defective product. If you are injured by a recalled product, you may be eligible to file a product liability lawsuit.
A wrongful death lawsuit is a civil legal action taken by the loved ones or beneficiaries of someone who has passed away due to another party’s carelessness or harmful actions.
In Louisiana, the surviving spouse, spouse and children, and children alone (if no surviving spouse) can file a wrongful death lawsuit. Similarly, the surviving parents can file if the deceased didn’t leave behind a surviving spouse or children.
Compensation varies on a case-by-case basis. A wrongful death attorney can determine what types of payment you should seek. Some examples include medical expenses before the loved one’s death, funeral costs, and intangible losses like emotional pain, the loss of companionship, and suffering.
In Louisiana, surviving family members have only one year from the date of the person’s passing to file a wrongful death claim.
Contact an experienced wrongful death attorney as soon as possible. An attorney can thoroughly examine your situation, provide guidance through the legal process, and help you decide the best way to pursue justice and compensation for your loss.
A brain injury is any damage or trauma affecting the brain’s normal functioning. It can range from mild concussions to more severe traumatic brain injury (TBI).
Common causes of brain injuries include motor vehicle accidents, falls, sports injuries, workplace incidents, and physical violence.
Brain injuries can be categorized into various types, including traumatic brain injuries (TBI), acquired brain injuries (ABI), concussions, and internal injuries caused by factors like oxygen deprivation or infections.
Symptoms of a brain injury are varied but may include severe headaches, loss of consciousness, drowsiness, confusion, slurred speech, loss of vision, nausea, and memory loss. Sometimes, head injury symptoms appear immediately, but in some cases, they may not appear for some time after an accident.
If you suspect you or someone you know has a brain injury, seek immediate medical attention. Even seemingly minor head injuries should not be underestimated, as early evaluation is essential for diagnosis and treatment. Establishing a connection between the injury and the incident that caused it is critical and can be vital in recovering the proper compensation through a brain injury lawsuit.
If you believe someone else caused you to sustain a head injury, you may be entitled to compensation through a brain injury claim. Moderate to severe traumatic brain injuries are life changing and can require long-term care. A lifetime of medical care can be a financial burden to those suffering a TBI and their families. Even concussions and mild traumatic brain injuries can be disruptive and affect how someone thinks, learns, feels, acts, and sleeps. A brain injury lawsuit can provide financial stability and make the recovery time less stressful.
Common types of burn injuries in Louisiana include thermal burns (from fire or hot objects), chemical burns (from exposure to corrosive substances), electrical burns (from electrical accidents), and scald burns (from hot liquids). Industrial and workplace burns are also relatively common.
If your burn injury resulted from someone else’s negligence, you may qualify for filing a personal injury lawsuit. You should consult an experienced burn injury attorney to discuss your legal options and seek compensation for your damages.
Yes, the statute of limitations for filing a burn injury lawsuit in Louisiana is one year from the injury date. However, consulting a personal injury attorney who handles burn injury cases can help you understand the specific deadlines and exceptions that may apply to your particular case.
In a burn injury case, potential compensation may encompass reimbursement for medical costs and income lost due to the injury, coverage for the emotional distress and suffering endured, funding for rehabilitation expenses, and punitive damages may be awarded in situations involving severe negligence or deliberate harm.
Complications from a burn injury can include infections due to damaged skin, a higher risk of hypothermia caused by the skin’s reduced ability to retain heat, respiratory problems (especially if inhaling hot air or smoke), joint and mobility issues due to scar tissue, and psychological trauma affecting self-esteem and mental health.
An experienced Louisiana burn injury attorney can investigate your case, identify liable parties, negotiate with insurers, gather evidence, build a solid legal strategy, and advocate on your behalf in court. Their expertise can maximize your chances of receiving fair compensation for your injuries.
Steps you can take after a Louisiana industrial accident include:
- Prioritizing your safety and seeking medical attention if injured.
- Reporting the accident to your supervisor or employer and documenting the incident as accurately as possible.
- Consider consulting an attorney specializing in workplace accidents for guidance on your rights.
Louisiana’s workers’ compensation system is typically regarded as the primary recourse for work-related injuries, establishing an “exclusive remedy” framework that generally bars employees from suing their employers. However, certain exceptions apply. Employers have a fundamental duty to ensure the safety of their workforce. In cases where employer negligence significantly harms employees, the possibility of pursuing a lawsuit remains open.
You may have grounds for a third-party lawsuit in addition to workers’ compensation. If another party’s negligence contributed to your accident, you can pursue a separate legal claim for additional compensation beyond workers’ comp.
In Louisiana, workers’ compensation typically covers medical expenses, wage replacement, vocational rehabilitation, and permanent disability benefits. In a third-party lawsuit, you may seek additional compensation, including pain and suffering, loss of enjoyment of life, and punitive damages, if applicable.
Consulting with an experienced attorney specializing in industrial accident cases in Louisiana is highly recommended. An attorney can assist you in navigating the complex legal process, gathering evidence, negotiating with insurance companies, and protecting your rights throughout the lawsuit.
In Louisiana, typically, you have one year from the accident date to file a claim, but it is crucial to consult an industrial accident attorney promptly for specific guidance.
Louisiana law recognizes that personal injury victims are entitled to be made whole following an accident. The list of damages that you could be entitled to recover in your electrical injury case include:
- Medical expenses
- Past lost wages
- Future loss of earning capacity
- Physical pain and suffering
- Permanent disability
- Scarring and disfigurement
- Emotional pain and suffering
- Loss of enjoyment of life
If you’ve been injured in an electrical accident, contact our experienced team to get the compensation you deserve.
There are four types of electrical injuries: flash, flame, lightning, and true. In flash injuries, the current doesn’t go past the skin, so it typically causes superficial burns, whereas flame injuries cause the victim’s clothes to catch fire, which can result in severe burns. It’s also possible for the electrical current to pass through the skin and enter the body in flame injuries.
Lightning electrical injuries involve a high voltage of energy that flows through the entire body for a very short period of time and may cause both internal and external organ damage. Finally, true electrical injuries are when the victim becomes part of an electrical circuit. The seriousness of injuries depends on the voltage, path the current takes through the body, duration of the connection, and level of current.
It’s essential to speak with a personal injury attorney specializing in electrical accidents to determine who should be held responsible for an injury, especially if you think a utility company’s negligence played a part. An experienced Louisiana electrical accident attorney can help navigate these complex cases and take on electric utility companies on behalf of personal injury victims.
Most states have adopted some form of the National Electrical Safety Code, which sets standards for utility companies in order to protect the public. They include measures and requirements related to the maintenance of power lines and other equipment, power line height requirements, the location of lines to buildings, and more.
The National Electric Code’s standards apply to electrical work within homes, commercial buildings, and businesses. It covers the installation of wiring, electrical design, and inspection standards, and Louisiana has adopted these measures along with the rest of the country.
Toxic contamination refers to harmful chemicals or substances that enter the environment, such as soil, air, or water, and can adversely affect human health and the ecosystem. Contamination can result from various sources, including industrial activities, chemical spills, and improper waste disposal.
Health effects can vary depending on the type and extent of contamination, but they often include respiratory problems, skin conditions, gastrointestinal issues, and, in some cases, serious illnesses like cancer. Long-term toxic exposure has been linked to chronic health problems.
If you believe you or your property has been affected by contamination, consult an attorney with experience handling toxic contamination cases. They can assess your situation, review available evidence, and determine whether you have a valid claim.
Responsible parties could include individuals, businesses, corporations, and government entities that contributed to or were negligent in preventing contamination.
You may seek compensation for medical expenses, property damage, cleanup costs, loss of property value, pain and suffering, and, in severe cases, punitive damages to punish the responsible party.
The statute of limitations for filing a toxic contamination lawsuit varies by jurisdiction and can depend on the particular circumstances of your case. It’s essential to consult with a toxic exposure attorney promptly, as delays can affect your ability to seek legal remedies.
A Louisiana toxic contamination attorney is your legal ally, working diligently to help you navigate the complexities of your lawsuit, seek justice, and obtain the compensation you deserve for the harm suffered due to toxic contamination.
Common causes of trucking accidents include distracted driving, impaired driving, truck driver fatigue, speeding, inadequate maintenance of trucks, and adverse weather conditions.
After you ensure your safety, it’s essential to contact the police to report the accident and seek medical attention. Gather information from the truck driver and witnesses, and take photos if possible. It’s best not to make any statements regarding the accident before consulting an attorney.
The statute of limitations for trucking accident lawsuits in Louisiana is generally one year from the accident date. Failing to file within this timeframe can result in losing your right to seek compensation. By consulting a Louisiana trucking accident attorney, you’ll understand the best approach to handling a truck accident injury claim.
While it’s not always necessary, consulting with an experienced Louisiana personal injury attorney who handles truck accident cases is highly advisable. Trucking accidents can be complex, involving multiple parties, insurance companies, and intricate legal proceedings. An experienced Louisiana truck accident attorney will help protect your rights and ensure fair compensation.
You can seek various damages, including economic damages (medical expenses, lost wages, and property damage) and non-economic damages (pain and suffering, emotional distress).
Louisiana follows a comparative fault system, where the fault of all parties involved, including the plaintiff (injured party), is considered. The court assigns a percentage of fault to each party, and your degree of responsibility will reduce your compensation. However, you can still recover damages even if you are partly at fault.
- Seek immediate medical attention.
- Report the accident to your employer or supervisor.
- Document the accident scene and your injuries with photos or notes.
- Contact an attorney experienced in construction accident cases to understand your legal rights.
In Louisiana, you cannot sue your employer for additional damages if you receive workers’ compensation benefits. However, there may be exceptions if your employer acted with gross negligence or intentional harm. You may have a personal injury claim against a third party (e.g., equipment manufacturers or subcontractors) if their negligence contributed to the accident. In such cases, you can pursue compensation beyond what workers’ compensation offers.
For personal injury lawsuits, it is typically one year from the date of the accident. However, it’s crucial to consult an attorney promptly to determine the deadline for your specific case.
Critical evidence may include:
- Accident reports.
- Medical records.
- Witness statements.
- Photographs of the accident scene.
- Maintenance records for equipment.
- Any safety violations or citations related to the incident.
An experienced Louisiana construction accident attorney can determine the best legal approach for seeking compensation for injuries. They can gather evidence, assess liability, negotiate with insurance companies, and represent your interests in court, ensuring you have the best chance of obtaining fair compensation to cover current and future expenses associated with your construction accident injuries.
After a Louisiana car accident, your immediate steps should include checking for injuries, moving to safety, contacting the police, exchanging information with other parties, and documenting the scene and any witnesses. Avoid admitting fault, report the accident to your insurance company, seek medical attention, and retain all relevant records. If you have significant injuries or damages, consult an experienced Louisiana car accident attorney for guidance on how to proceed.
In Louisiana, you have one year from the accident date to file a personal injury or property damage lawsuit. This time frame is known as the statute of limitations.
While not required, hiring an experienced Louisiana personal injury attorney to handle your car accident case is highly advisable. Your attorney can navigate the complex legal processes, gather evidence, negotiate with insurance companies, and represent your interests in court.
Louisiana follows a pure comparative negligence system, meaning that even if you are partly at fault for a car accident, you may still recover damages. However, your compensation will be reduced by your percentage of fault.
In Louisiana car accident cases, damages typically fall into three primary categories:
- Economic damages cover tangible financial losses like vehicle repair expenses, lost wages, and potential future earnings if the accident results in disability. These damages are straightforward to calculate.
- Non-economic damages encompass more abstract losses, including the loss of enjoyment of life, which can be challenging to quantify but can be evaluated with the assistance of experts.
- Punitive damages punish the at-fault party for severe misconduct, such as drunk driving.
Yes, you can pursue a lawsuit against the at-fault driver even if their insurance company offers a low settlement. Consulting with an experienced Louisiana car accident attorney can help you decide the best course of action.
People use kratom to alleviate pain, treat anxiety and depression, help stop or reduce opioid or other substance use, and manage withdrawal symptoms and cravings related to opioids and other drugs.
Research is still being conducted to understand the risks of kratom use, but several safety issues and severe health effects have been identified. Health issues related to kratom can include liver toxicity, seizures, substance use disorder (SUD), and even death. There have also been reported cases of kratom products contaminated with Salmonella and heavy metals that could lead to other illnesses. Newborns exposed to kratom before birth have shown withdrawal symptoms including jitteriness, irritability, and muscle stiffness.
Kratom can cause mild side effects, such as nausea, constipation, dizziness, and drowsiness. More serious health issues include mental and neurological symptoms, heart and lung problems, nausea, vomiting, and liver problems.
There is no overarching federal law governing or regulating the distribution of kratom. However, six states have banned its sale at the state level, including Alabama, Arkansas, Indiana, Rhode Island, Vermont, and Wisconsin. Certain cities across the U.S. have banned or established regulations for kratom, including Denver, Sarasota, and San Diego. In Louisiana, kratom is prohibited in Ascension, Grant, LaSalle, and Rapides Parishes, and more parishes are considering a ban over the next year.
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