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April 2024

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Personal Injury

Understanding Chemical Plant Accidents

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Louisiana has many workers employed in chemical plants. These jobs are rewarding and can lead to long and fulfilling careers that allow workers to support themselves and their families. Chemical plants contribute approximately $226 billion to the GDP of the United States while also providing approximately 4.4 million jobs. However, these jobs are not without their risks. The injuries sustained by chemical plant workers are some of the most severe. If you or someone you love has been hurt, it is critical that you understand your legal rights. Below, our Baton Rouge industrial accident lawyer outlines everything you need to know about chemical plant accidents. What Causes Accidents in Chemical Plants? Natural causes and human error are the two primary causes of accidents in chemical plants. Human error contributes to approximately 95% of all investigated accidents in chemical plants. For example, in the 2005 BP explosion that happened in Texas, there were three human errors that were said to be significant contributors to the accident in the chemical plant. These were deviations from proper procedure, lack of training, and a poor safety culture. Natural causes are much rarer than human error. The U.S. Environmental Protection Agency has outlined four known causes of accidents in chemical plants. These are as follows: Inadequate indications of process conditions Inadequate process hazard analysis or hazard review Poorly designed or inappropriate equipment Plant owners ignoring potential problems While natural causes can result in a chemical plant accident, most of them are caused by carelessness and negligence. Injuries Caused by Chemical Plant Accidents Chemical plant accidents result in some of the most serious injuries. These include: Head trauma that results in concussions and other injuries Poisoning caused by exposure to toxic substances and chemicals Puncture wounds and lacerations Spinal cord injuries Broken bones Neck and back injuries caused by falls Trauma caused by heavy equipment Lung damage from inhaling toxic chemicals and substances Injuries caused by explosions, such as burns and penetrating injuries Sadly, the above injuries are not the only ones suffered by chemical plant workers. They are only some of the most common. Common Types of Accidents in Chemical Plants Unfortunately, there are many different types of accidents in chemical plants. The most common of these are as follows: Plant explosions: A plant explosion is the most obvious risk of working in or living near a chemical plant. Plant explosions happen without warning, and when they do, they place entire communities at risk. Chemical plants should have protections in place to prevent these explosions. Contaminated water: If chemicals are not stored and disposed of correctly, they can seep into groundwater systems. Some chemical spills go unnoticed for many years, and they have the potential to poison the drinking water of entire towns and cities. Air pollution: Chemical manufacturing plants can release toxic chemicals into the air. When these chemicals are inhaled, they can negatively affect a person’s health and lead to long-term illness or breathing issues, such as asthma and lung cancer. Increased risk of cancer: Being exposed to chemicals for a long period of time increases a person’s risk of cancer. Workers in chemical plants and people who live near these plants are sometimes unknowingly exposed to carcinogens. Increased risk of birth defects: Being exposed to chemicals can also result in an increased risk of birth defects. How to Prevent Accidents in Chemical Plants To prevent accidents in chemical plants, or at the very least minimize the harm they cause, it is important to address the main causes of these accidents. Essentially, employers must take precautionary measures to make sure these workplaces are safe. Employers can achieve this by: Training workers on how to work safely and avoid accidents Updating equipment and completing regular maintenance Installing fire extinguishers and carbon monoxide detectors Making sure all work areas are properly ventilated Making sure safety valves are properly maintained Creating designated loading and unloading zones Our Industrial Accident Lawyer in Baton Rouge Can Help After an Injury Chemical plant accidents result in some of the most serious injuries. If you have been hurt, it is important to know that you do have legal options. At Big River Trial Attorneys, our Baton Rouge industrial accident lawyer can explain what those are and recommend which avenue to take to obtain the full and fair compensation that is justly yours. Call us now at (225) 963-9638 or contact us online to schedule a free review of your case and to learn more about your legal options.

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Personal Injury

Important Laws that Will Affect Your Car Accident Claim

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Car accidents are confusing, stressful, and traumatic events. You have a lot to think about, and you likely also have many questions. If someone else was to blame for your accident, you can file a claim against them to recover financial compensation for your medical expenses, lost income, and more. To obtain the full damages you deserve, it is important to first understand the laws that will apply to your case. Below, our Baton Rouge car accident lawyer explains the most important of these that may affect your claim. The Statute of Limitations While all states have a statute of limitations, or time limit, on car accident claims, the one in Louisiana is quite short. In the Pelican State, you have just one year from the date of the accident to file your claim. If you fail to file within this time, you will lose your legal right to claim any damages at all. There are some exceptions to the law, but they are limited. For example, if you were in a car accident but discovered one week later that you suffered whiplash, you would have one year from the date of discovery to file your claim. One year is really not a long time at all to file your claim. Before filing, an investigation must be conducted to determine who caused the crash, evidence must be collected to support that theory, and you must have a full understanding of how your injuries will affect you in the future. To ensure all of this can be done before the statute of limitations expires, it is important to speak to a Baton Rouge car accident lawyer as soon as possible after a crash. Compulsory Coverage All motorists in Louisiana are required to purchase a minimum amount of liability insurance. Unfortunately, many drivers try to cut their costs by driving without the proper amount of insurance. This makes things difficult in the event of an accident.  After any crash, injured victims must file a claim with the insurance company covering the liable, or at-fault, party. This can make obtaining compensation from uninsured liable parties difficult but when accident victims are uninsured, it also makes the process more challenging for them. Under Louisiana’s compulsory coverage law, accident victims cannot recover the first $15,000 of bodily injury and for the first $25,000 of property damage if they were uninsured at the time of the crash. Pure Comparative Fault The short statute of limitations and the compulsory coverage laws may seem harsh to accident victims. However, the pure comparative laws in Louisiana are quite generous to injured individuals. Louisiana follows pure comparative fault law, which means accident victims can claim compensation as long as they are not 100% to blame for the crash. Any damages they are awarded are then reduced by their same percentage of fault. For example, if someone was 90% at fault for an accident, they can still recover 10% of the damages that were the other driver’s fault. Still, some negligent motorists try to use the pure comparative fault law to their advantage. They sometimes argue that another driver was at least partially to blame, so it reduces the amount of damages they are liable for paying. It is important to work with an attorney who can refute these arguments so you obtain the full damages you are entitled to. Damages Available in Car Accident Claims A car accident will leave you with many injuries, and a great deal of financial burden. Like all personal injury cases, a car accident claim is meant to help compensate you for the losses you sustained. The most common types of damages pursued in car accident cases are as follows: Current and future medical expenses Lost wages, bonuses, vacation pay, and other employment benefits Loss of earning capacity, if your injuries are so severe you cannot return to the same line of work in the future Property damage Pain and suffering If the defendant acted with gross negligence, such as driving while impaired, punitive damages may also be available. These are not intended to compensate you for your losses but rather, punish the defendant and deter them from acting in a similar manner in the future. Our Car Accident Lawyers in Baton Rouge Can Provide the Legal Advice You Need It is not always easy to understand all of the laws that apply to your case after a crash. At Big River Trial Attorneys, our Baton Rouge car accident lawyers can inform you of the law and prepare a solid case on your behalf so you obtain the full and fair compensation you deserve. Call us today at (225) 963-9638 or contact us online to schedule a free consultation.

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Personal Injury

FAQs About Wrongful Death in Baton Rouge

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Losing a loved one is one of the hardest things you will ever go through. Afterward, you will have many emotions including grief, frustration, and anger. This is particularly true when another person’s negligence caused the death. In these situations, particularly, you may also have many questions. You might wonder if there is anything you can do, or if you can take action against the careless party who caused the death. Below, our Baton Rouge wrongful death lawyer outlines the most common questions we hear, and the answers to them. Can I Take Legal Action Against the Person Who Caused My Loved One’s Death? Yes. If you can prove that someone else acted negligently, or carelessly, and those actions resulted in your loved one’s death, you can file a claim if you are an eligible family member. Louisiana law allows for two types of legal actions. The first is a wrongful death claim, which allows family members to recover the losses they suffered as a result of losing their loved one’s death. The second is a survival claim, which allows the estate of the deceased to claim compensation the decedent could have recovered if they survived the accident. Who Can File a Wrongful Death Claim? All states limit the people who can file a wrongful death claim and Louisiana is no different. State law stipulates that only the following people can file wrongful death claims and survival actions: The surviving spouse or children, The surviving parents, The surviving siblings, and The surviving grandparents. What Damages are Available in Wrongful Death Claims? Through a wrongful death claim, you can pursue damages for any loss you suffered. These may include the loss of income the family was dependent on, loss of consortium, and the loss of care and guidance, to name a few. Through a survival action, the estate can claim any loss the deceased suffered due to the accident. These may include medical expenses, lost income, and pain and suffering, particularly if some time passed between the accident and the resulting death. How Long Does it Take to File a Wrongful Death Claim? No one can determine exactly how long filing your wrongful death claim will take. However, the time it will take to settle your case will depend on two main factors. The first is whether the insurance company covering the liable party is denying fault for the accident that caused the death. The second is the amount of insurance that is available to compensate your family. If the insurance company denies fault, you may have to file a lawsuit against them, which will take much longer. While a quick settlement may sound good and is tempting to accept, it likely means the insurer is not willing to pay the full damages necessary to cover the losses your family has suffered. Should I Speak to the Insurance Adjuster After a Wrongful Death? No. The adjuster works for the insurance company and the insurer is looking for anything that can reduce the amount of damages they owe. With very few exceptions, you should never speak to the insurance adjuster. Instead, if you believe your loved one’s death was someone else’s fault, you should speak to a Baton Rouge wrongful death lawyer. A lawyer will answer your questions, speak to the insurer on your behalf, and ensure your rights are upheld. Will I Have to Go to Court? No one can determine if you will have to appear in court, but the vast majority of wrongful death claims settle outside of the courtroom. The possibility of going to court increases if you have to file a lawsuit against the insurer because they are being unreasonable and unwilling to offer a fair settlement. Still, even after filing your lawsuit, negotiations will continue and you may reach a settlement before having to go to trial. How Long Do I Have to File a Claim? Again, all states place a statute of limitations, or time limit, on wrongful death claims and this is true in Louisiana, too. Generally speaking, you have just one year from the date of the death to file a wrongful death claim. While there are exceptions to the rule, they are extremely limited. If you do not file your claim before the statute of limitations expires, your family will lose the right to claim any damages at all. Why Should I Work with a Wrongful Death Lawyer in Baton Rouge? Filing a wrongful death claim is never easy. At Big River Trial Attorneys, our Baton Rouge wrongful death lawyers can help you overcome the challenges these claims present, answer your questions, and ensure you receive the fair settlement you are entitled to. Call us now at (225) 963-9638 or fill out our online form to schedule a free consultation.

Personal Injury

Common Brain Injuries Sustained in Car Accidents

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A car accident can result in a number of different injuries. Of all of them, damage to the brain is one of the most severe. Brain injuries are common in car accident cases. The head can bang against any part of the vehicle, damaging the brain, broken glass can penetrate the skull and brain, and the brain can start to bleed internally. These are just a few of the most common types of brain injuries suffered in car accidents. Below, our Baton Rouge car accident lawyer explains more. Concussions Concussions are by far the most common type of brain injury suffered in car accidents. A person can sustain a concussion when there is a direct blow to the head. This can cause the brain to shake inside of the skull, hitting the skull as it does. Many people think concussions are minor injuries, but they are not. Concussions have many concerning symptoms and they are as follows: Dizziness Headaches Vomiting Slurred speech Confusion or memory issues Hearing, vision, smell, taste, or touch issues Loss of consciousness Concussions are very serious, but they often do not show symptoms right away. It is for this reason it is so critical to seek medical treatment after any accident so a doctor can identify all of your injuries. Penetrating Injuries When a foreign object, such as a piece of broken glass, penetrates the brain, the situation becomes extremely dangerous. Penetrating injuries are usually limited to just one area of the brain. Still, they cause severe physical, emotional, and cognitive impairment. The most common symptoms of a penetrating injury are as follows: Vision problems Difficulty speaking Difficulty walking, or an inability to move Confusion Memory loss Seizures Personality changes Coup-Contrecoup Injuries Coup-contrecoup injuries are also very common during car accidents. This injury is a result of one side of the brain hitting the opposite side of the skull, usually due to an external force. The nature of a coup-contrecoup injury results in damage at the initial site of the blow, as well as the opposite side where the brain hit the skull. The symptoms of a coup-contrecoup injury range from mild dizziness and headaches to cognitive impairments that are much more severe. Acquired Brain Injuries Unlike the above two injuries, acquired brain injuries are not caused by a direct blow to the head. Instead, they are caused by excessive bleeding in the brain or a lack of oxygen. When an accident results in an acquired brain injury, it is usually much more traumatic and serious than when another event, such as a stroke, causes damage. Inhaling gas, receiving an electric shock, and being exposed to toxic chemicals are all common causes of acquired brain injuries suffered in accidents.  The symptoms of this type of injury vary depending on the location and severity of the damage. A few of the most common symptoms are as follows: Disorientation and confusion Loss or decreased motor abilities Difficulty writing and speaking Memory loss Loss of vision or hearing Full or partial paralysis Skull Fractures Brain injuries are often caused by skull fractures during car accidents. Although it is possible to fracture the skull without injuring the brain, it is more common for the brain to suffer trauma when the skull fractures. A simple fracture is the least complex type of skull fracture. This injury occurs when the cranial bone is still in contact with itself. Simple skull fractures typically do not require surgery to repair. Compound fractures, on the other hand, involve broken bones that do not still line up with each other. These types of skull fractures do require surgery to secure the bone and ensure it heals properly. Brain Contusions Brain contusions are typically caused by a blow to the head. A brain contusion refers to a bruise in the brain tissue. In most cases, this is caused by the head hitting a hard surface at a high speed or high impact. This injury can result in major trauma to the brain, particularly if it results in swelling in the brain. Some of the most common brain contusion symptoms include: Loss of consciousness Loss of memory Severe headache Nausea and vomiting Disorientation and confusion Convulsions and seizures Our Car Accident Attorneys in Baton Rouge Can Help You Claim Damages After a Brain Injury Brain injuries are among the most serious you could suffer in an accident. At Big River Trial Attorneys, our Baton Rouge car accident attorneys can help you claim the compensation you need to pay for your medical bills, make up for your lost income, and more. Call us now at (225) 963-9638 or contact us online to schedule a free consultation and get the legal help you need.

Personal Injury

Understanding Rear-End Accidents in Baton Rouge

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You were simply slowing down for traffic conditions, or maybe you were sitting at a stop light. Suddenly, another motorist slams into the back of your vehicle. Even drivers who always follow the law and do not have violations on their driving record can become the victim of a rear-end accident. While many people think these crashes are minor, that is not always the case. Rear-end accidents can result in serious injuries that may stay with you for many weeks, or even months. The vast majority of rear-end accidents happen because negligent drivers fail to pay attention, but there are other reasons, too. Below, our Baton Rouge car accident lawyer explains why these crashes occur, and who can be held liable for paying damages afterward. What is a Rear-End Collision? Rear-end accidents happen for a number of different reasons. They are also far more common, and more serious, than most people think. Throughout Louisiana in 2019, there were over 50,000 rear-end accidents. Out of these, 34% resulted in injury, and 35 percent caused significant property damage. While no one thinks a rear-end collision will end in death, 12 percent of the crashes in 2019 resulted in fatality. A rear-end collision occurs when the front of one vehicle crashes into the back of the car in front of them. This happens for a number of reasons, which include: Tailgating Driver distraction or inattention Speeding Weather conditions, such as heavy rains that made the road slippery In many cases, an initial rear-end collision causes a chain reaction. When a rear-end accident happens on a highway, for example, it is likely to result in a pileup because motorists do not have time to slow down or stop before they are hit. Multiple vehicle accidents will result in far greater injuries and property damage. Common Injuries After a Rear-End Collision A rear-end collision can cause many different types of injuries. Some of the most common of these are as follows: Whiplash: Whiplash is the most common injury sustained in a rear-end collision, and even a minor accident can cause a serious injury. Many people think whiplash is a minor injury, but it is not. The injury occurs when the neck moves back and forth in rapid succession, damaging the soft tissues. Whiplash is extremely painful, significantly limits a person’s mobility in their neck, and can take months for a person to recover from. Lower back injuries: Tears, ruptures, and dislocations of the muscles and ligaments can affect the lower back after a rear-end accident. Spinal cord injuries: In the worst of cases, a rear-end collision can cause damage to the vertebrae in the spine. The vertebrae are small bones that separate the discs and protect them. Any damage to the spinal column should be taken seriously, but the higher up on the spinal cord damage occurs, the more severe the injury. Broken bones: Broken legs, arms, ribs, pelvises, and even shoulders are all possible during a rear-end accident. These injuries usually require surgery to correct and can take months to recover from. Traumatic brain injury: Traumatic brain injuries are caused by violent blows to the head. During a rear-end collision, the head can strike the wheel, dashboard, or other parts of the vehicle, causing a traumatic brain injury. The above injuries are just a few of the most common sustained during a rear-end collision. It is critical that you seek medical treatment after an accident, to ensure you recover the full settlement you are entitled to. Who is Liable for a Rear-End Accident in Baton Rouge? In the majority of rear-end accidents, the trailing driver who caused the impact is at fault. Under state law, all drivers are expected to maintain a safe traveling distance from the vehicle in front of them so they can avoid a rear-end accident. Although it is rare, there are times when the motorist in front, who was hit, may carry some degree of blame for a rear-end collision. For example, if a motorist did not repair a broken tail light, or failed to turn on their hazard lights after a mechanical issue, they can be held partly liable for a rear-end collision. Stopping in the middle of the road without reason, reversing a vehicle without sufficient warning, and driving erratically can all also show that the driver in front was partly to blame for the crash. What to Do After a Rear-End Accident Regardless of whether you hit someone in front of you, or your vehicle was the one that was struck, there are certain steps you should take after a crash. These are as follows: Exchange information: Do not leave the scene of the accident before you have exchanged information with all other motorists involved. This information should include the names, phone numbers, license plate numbers, and insurance details. Locate witnesses: If someone was in the same parking lot or nearby, they may have seen the accident as it happened. Or, if someone pulled over to help, they may have also witnessed the crash. Locate any eyewitnesses and ask them for their names and contact information. First-hand accounts that come from other people can greatly support your claim that you were not at fault for the crash. Collect evidence: There is always a great deal of evidence at the accident scene. Take photos of the overall area, as well as close-ups of damage to vehicles and other important information, such as skid marks on the road. You should also take photos of your injuries. Our Car Accident Lawyer in Baton Rouge Can Help After a Crash The aftermath of a rear-end collision can be more confusing than it may seem at first. At Big River Trial Attorneys, our Baton Rouge car accident lawyer can determine who is liable for your crash, and hold them responsible for paying the maximum compensation you deserve. Call us now at (225) 963-9638 or fill out our online form to schedule a free review of your case and to get the

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