Big River Trial Attorneys

Author name: Big River

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Personal Injury

What are Your Legal Options After a Wrongful Death in Baton Rouge?

Losing someone you love is a tragic and incredibly difficult experience. When a death is the result of another person’s negligence, the grief is compounded and even harder to move on from. For family members of the deceased, there are legal options that can help you recover compensation for your losses or your loved one’s losses after a death. Below, our Baton Rouge personal injury lawyer outlines the options that may be available. Filing a Wrongful Death Claim Wrongful death claims are often the first course of action for families after losing someone due to negligence. Wrongful death claims are civil actions that can be filed by certain family members of the deceased. These include surviving spouses and children, parents, siblings, and grandparents.  Wrongful death claims are meant to compensate family members for the losses they incurred as a result of the accident. These include: In some cases, punitive damages may also be available. These damages are to punish grossly negligent behavior and so, they are rarely awarded. However, if the negligent party’s behavior was egregious, such as driving while drunk, punitive damages may be available. Survival Actions If your loved one suffered injuries and other losses before losing their life, you may be able to file a survival action. For example, your loved one may have been involved in a car crash and suffered serious injuries. They may not have succumbed to their injuries until one week later. A survival action can help you recover the medical expenses, lost income, and other losses you incurred before passing away. Damages from survival actions are distributed to the estate. Criminal Charges Criminal charges are separate from civil actions such as wrongful death lawsuits. However, if the death was the result of a crime such as assault, criminal charges may also apply. Criminal charges do not necessarily impact the outcome of a civil lawsuit. Still, a guilty verdict can strengthen and help prove a civil action but this is not required. Workers’ Compensation If your loved one was involved in a workplace accident that caused their death, you may be able to file a workers’ compensation claim for death benefits. These benefits can help certain loved ones claim compensation for reasonable funeral expenses, dependency benefits based on family size, and some medical expenses leading up to the death. These benefits are meant to help cover lost earnings and end-of-life costs. Insurance Claims If your loved one had a life insurance policy, the insurer is required to pay the proceeds of the policy to the beneficiary promptly. Like other insurers, life insurance companies are not eager to pay these claims, as they want to protect their profits. If you are going to file a claim for life insurance, it is important to speak to an attorney who can prepare you for dealing with the insurer and speak to them on your behalf. Government Claims If your loved one passed away due to the negligence of a government employee or entity, you may be able to file a claim against the government. For example, a structural issue on a staircase in a government building may have caused a serious slip and fall accident that resulted in death. Claims against the government are unlike other wrongful death claims. There are very specific procedures, rules, and deadlines that are not involved in other civil actions. These can make filing a claim against the government even more challenging than other wrongful death cases.  Government entities also sometimes have sovereign immunity, meaning they are protected from lawsuits and other legal action, making these cases even more frustrating. It is critical to speak to an attorney who can advise on whether you have a valid claim and who has the necessary experience filing these types of claims. Our Personal Injury Lawyer in Baton Rouge Can Advise You of Your Options After losing someone you love, you may have many options for claiming compensation for the losses you have sustained. At Big River Trial Attorneys, our Baton Rouge personal injury lawyer can advise on which ones are applicable in your case and guide you through the process so you obtain the full and fair compensation you and your family are entitled to. Call us now at (225) 963-9638 or fill out our online form to schedule a consultation and to learn more about how we can help.

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Personal Injury

What are the Most Common Causes of Truck Accidents?

When an accident on the roads involves a transport truck, the results can be catastrophic. Unlike crashes involving passenger vehicles, truck accidents typically result in the most severe injuries, extensive property damage, and even fatalities due to the immense size and weight of tractor-trailers. Like other types of auto accidents, though, those involving 18-wheelers happen suddenly and unexpectedly. One second you are simply on the way to your destination, and the next you are suffering from severe injuries. It is not always easy to determine the cause of your crash right away, and it typically requires an extensive investigation. One of our Baton Rouge truck accident lawyers outlines the most common causes of these collisions below. Fatigued Driving Truck drivers are on the road for many hours at a time as they need to meet tight deadlines. Federal regulations outline the maximum amount of time truckers are allowed to spend on the road without a break or rest period.  Unfortunately, truck drivers do not always comply with these regulations. The trucking companies they work for also often incentivize truckers to violate the hours of service rule so they can deliver more goods and make more profit. This results in fatigued drivers being behind the wheel of the largest vehicles on the road. Fatigued driving can cause truckers to lose focus, make poor decisions, and have slower reaction times. In the worst of cases, fatigued truck drivers may also fall asleep behind the wheel. Through a thorough discovery process and obtaining evidence, an attorney can determine if fatigued driving contributed to your accident. Speeding Speeding is a common cause of many types of accidents on the road, including those that involve tractor-trailers. Even when a truck driver is traveling below the speed limit, it still takes much longer to slow down and stop their vehicle. When a truck driver speeds, even more time is required to slow down their vehicle. Often, it is not possible for speeding truck drivers to stop their vehicles before it is too late. Improperly Loaded Cargo It is of critical importance that the cargo on a transport truck is loaded properly. This involves using multiple systems of belts, straps, hooks, and other securing measures. If cargo is not loaded properly onto a truck, it can shift during transport. When it does, it throws the entire vehicle off balance and causes the truck driver to lose control of the vehicle, resulting in an accident. Distracted Driving Any motorist can face a number of distractions on the road, but this is particularly true for truck drivers. Truck drivers have to communicate with other truckers about road and weather conditions, manipulate other systems in the truck, navigate unfamiliar routes and neighborhoods using GPS, eat, and deal with other distractions. When a truck driver is distracted by any of these factors, they cannot focus on the road and take the necessary measures to avoid an accident. Impaired Driving Impaired driving is such a dangerous behavior; it is hard to imagine that any truck driver would engage in it. Unfortunately, truckers drive while impaired more often than people think. Truck drivers often believe that using alcohol or drugs will help them concentrate better while they are behind the wheel. Instead of being more focused, impaired truck drivers have slower reaction times and are much more likely to cause a crash. Inexperienced Drivers Driving a commercial truck requires a great deal of skill, knowledge, and experience. Before a truck driver takes control of a big rig, it is critical that they have enough experience operating a commercial truck safely. Unfortunately, this is not always the case. Trucking companies do not always take the time and effort to ensure they are hiring properly experienced drivers. Instead, they would rather cut corners so they can protect their profits. When an inexperienced truck driver causes a crash, they and the trucking company they work for could be liable. Our Truck Accident Lawyers in Baton Rouge Can Determine the Cause of Your CrashDetermining what caused your truck accident is extremely important so you know who to hold liable. However, it is not always easy to identify the cause in the days and weeks following a serious crash. At Big River Trial Attorneys, our Baton Rouge truck accident lawyers can conduct an investigation to determine what caused your injuries and collect evidence to prove your case so you obtain the full and fair settlement you deserve. Call us today at (225) 963-9638 or fill out our online form to schedule a consultation and to learn more.

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Personal Injury

The Importance of Seeking Medical Attention After Any Car Accident

Some car crashes are minor and do not result in serious injuries or extensive property damage. In many cases, however, car accidents are extremely serious and result in devastating injuries. Many of these injuries, such as broken bones, are apparent right away. Other injuries, though, such as concussions and whiplash, are not as evident. People are sometimes involved in car crashes and, believing they were not seriously injured, they do not seek medical attention. This can be a big mistake. Not only can it result in ongoing medical issues, but it can also hurt any legal action you may want to pursue. Below, one of our Baton Rouge car accident attorneys outlines the importance of seeking medical attention after any crash. Symptoms May Not Show Right Away There are many different types of injuries that are known as ‘hidden’ injuries. This means they are not apparent right away and do not always show symptoms in the moments, and even days or weeks, following a wreck. These injuries include damage to ligaments, whiplash, and strained muscles. Although these injuries may cause some slight soreness after an accident, you may dismiss it as something minor. Over time, the stiffness and pain may become worse and can result in serious mobility issues. At times, hidden injuries are also some of the most serious. This is true with concussions and internal bleeding. If these injuries are not treated right away, they can quickly become life-threatening. Seeing a physician immediately after a crash can help ensure these injuries will be discovered and treated right away. Waiting Can Hurt Your Legal Claim After a car accident, many people hesitate to see a doctor because they do not think they were seriously injured. Any delay in medical treatment can significantly hurt your health, as well as any legal claim you file.  When filing a claim against a negligent party, you must file with their insurance company. Insurers scrutinize the timing of medical treatment. If you wait too long to see a doctor, the insurance company will likely argue that the accident did not cause your injuries or that they were not serious enough to warrant medical care.  Proving that your injuries were caused by a car accident is one of the most challenging aspects of filing a personal injury claim. Without proper medical care, you will not have the medical records that prove your injuries were caused by the accident. Seeing a doctor will document your injuries and help prove causation, a legal term referring to the fact that you have to establish the direct link between the negligent act and your injuries. Seeking medical attention is important, but it is just as critical that you tell any doctor you visit how you sustained the injuries. The physician will make a note of this in your medical records, which can also prove the cause of your injuries. Waiting Can Reduce Your Settlement Delaying medical treatment can also significantly reduce the total damages you receive in your claim. Insurance companies will use any delay in treatment to argue that your injuries were not caused by the accident, or that you were not seriously injured because you did not feel the need to see a doctor. The insurance company will use this to reduce your claim, or perhaps even deny it altogether. Waiting can also reduce your settlement because you have a duty to try to mitigate your injuries. This means you must take reasonable steps to reduce the extent of your injuries and financial losses. If you delay medical treatment, the insurance company will also argue that your injuries only became worse because you did not see a medical professional. They will argue that this is a failure to mitigate your injuries and use that argument to reduce your total damages. In addition to seeking medical treatment, it is just as important to follow through on all treatment recommendations. Again, failing to do so may be seen as a failure to mitigate your injuries, which could also negatively impact your settlement amount. Our Car Accident Lawyers in Baton Rouge Can Guide You Through the ProcessObtaining the compensation you rightfully deserve after a car accident is never easy. At Big River Trial Attorneys, our Baton Rouge car accident lawyers can guide you through the process, advise on the important steps to take, such as obtaining medical treatment, and ensure your rights are protected so you obtain the full compensation you deserve. Call us now at (225) 963-9638 or fill out our online form to request a consultation and to get the help you need.

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Personal Injury

When are Broken Bones a Catastrophic Injury in Louisiana?

Many people believe that broken bones are just minor injuries. Although this is true in some cases, in others, they leave accident victims with burdensome medical bills, a lifetime of pain and discomfort, and major changes to their personal lifestyle. While Louisiana law does not provide a specific definition for catastrophic injuries, they are generally considered to be permanent disabilities that require extensive and continued medical care. If a broken bone prevents you from returning to work or results in lasting disfigurement or impairment, it may be considered a catastrophic injury. Catastrophic injuries do not automatically mean more compensation in personal injury claims but due to the severity of these injuries, accident victims often have the right to substantial compensation. Below, one of our Baton Rouge personal injury attorneys explains in greater detail. When Broken Bones are Catastrophic There are times when a bone breaks very cleanly, meaning the skin remains intact and the ends of the bone remain in proper alignment. Due to the fact that clean breaks do not cause the bone to shift out of place, treatment typically only involves a splint or cast. Clean breaks often heal within a few months and are not considered catastrophic. However, broken bones can be considered catastrophic injuries when they cause permanent consequences. Some common examples of catastrophic broken bones are as follows: If a physician determines that a fracture will never completely heal or that you will have a permanent loss of function, legally your injury could be considered catastrophic. Impacts of Catastrophic Broken Bones Many people understand that broken bones are painful and result in limited mobility. Unfortunately, catastrophic broken bone injuries have many negative impacts for accident victims. These can include: Due to the lifetime of challenges catastrophic broken bones present, these injuries often result in higher damages amounts for accident victims. Types of Compensation Available for Catastrophic Broken Bones If you suffered a catastrophic broken bone during an accident caused by another person’s negligence, or carelessness, you can file a claim against the at-fault party. If you are successful with your claim, you can obtain many different types of compensation, including: Our Personal Injury Lawyers in Baton Rouge Can Help with Your Claim If you have suffered a broken bone, or any other serious injury, due to another person’s negligence, our Baton Rouge personal injury lawyers are here to help. At Big River Trial Attorneys, we can conduct an investigation to determine who is at fault for your injuries and collect the evidence that will strengthen your claim so you obtain the full and fair compensation you deserve. Call us now at (225) 963-9638 or fill out our online form to schedule a consultation and to get the legal help you need.

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Personal Injury

Debunking Five Common Myths About Personal Injury Claims

When someone becomes injured in a slip and fall, car crash, or another type of accident, it is common for well-intentioned friends and family members to give them advice. Unfortunately, these people are not usually attorneys and are not familiar with the laws in Louisiana. Many of the ideas people have about the law come from movies and television shows, which are not always accurate. This results in many myths and misconceptions regarding the process for claiming damages afterward. Below, one of our Baton Rouge personal injury attorneys outlines the most common myths we hear, and the truth behind them. You Cannot Claim Damages if You Shared Fault for the Accident Many people think that if they caused or contributed to an accident, they cannot claim any damages at all. This is true in some states, but not in Louisiana. Comparative fault laws assign a portion of fault to all liable parties involved in an accident. Under the current comparative fault law in Louisiana, accident victims can claim compensation even if they were 99 percent at fault for an accident. However, this law is also about to change. On May 28, 2025, Governor Jeff Landry approved a new comparative fault law that will become effective on January 1, 2026. After this date, accident victims can only claim compensation if they are less than 51 percent or less at fault for the accident. Any compensation awarded will be reduced by the accident victim’s same percentage of fault. This can greatly limit the damages injured individuals receive, which is why it is so important to work with a Baton Rouge personal injury attorney. Insurance Companies are There to Help Shortly after an accident, the insurance company may contact you. The adjuster will act as though they are there to help. They may seem very friendly and tell you they want to do the right thing. Sadly, this is not the case. Insurance adjusters are well-versed in the different strategies they can use to reduce or deny an accident victim’s claim.  Insurance companies may not investigate the accident thoroughly, request unnecessary documentation to delay a claim, or dispute fault to deny claims. When insurance companies act dishonestly, it is considered bad faith. While it does not prevent accident victims from claiming the compensation they deserve, it does make it much more difficult. Never speak to an insurance adjuster on your own. First, contact a Baton Rouge personal injury attorney who will know the tactics insurers use to deny claims and how to combat them. Minor Injuries Do Not Warrant a Claim Even seemingly minor injuries, such as whiplash, can cause long-term complications. They will also incur medical bills, and you may have to miss work for a period of time while you recover. These are still losses, and it is important that you claim the compensation you deserve for them. Always seek medical attention after any accident so you understand the full scope of your injuries, the losses you will incur, and the compensation you need to recover your losses. It is also important that you do not wait to seek medical treatment or file your claim, even if you think you only suffered minor injuries. All personal injury lawsuits in Louisiana are governed by a time limit known as the statute of limitations. This time limit is generally two years from the date of the accident. While there are some exceptions, they are limited. If you wait to file your claim because you initially thought your injuries were minor, you may be barred from claiming any compensation at all. Lawsuits are Lengthy and Complex There is always the chance that a lawsuit can become lengthy and complex. However, the vast majority of claims are settled outside of the courtroom in negotiations between accident victims and the insurance companies representing the liable party. Only a small minority of cases have to go to court, and this is usually when the insurance company refuses to act fairly. The process is usually not as stressful as people had imagined, so you should not let this keep you from filing a claim. Working with an attorney can make it even easier and ensure you receive the compensation you deserve. You Do Not Need to Work with a Personal Injury Attorney in Baton Rouge You are not required to work with a Baton Rouge personal injury attorney when filing your claim. However, multiple studies have shown that having legal representation can help accident victims claim more compensation than those who do not have legal help. At Big River Trial Attorneys, our Baton Rouge personal injury attorneys can handle all of the legal details of your case so you can focus on your recovery. Call us now at (225) 963-9638 or fill out our online form to schedule a consultation and to get the legal help you need.

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Personal Injury

Why are Rideshare Accidents So Complex?

Rideshare services such as Uber and Lyft have become increasingly popular in Baton Rouge over recent years. These services offer a convenient and fairly inexpensive way for people to get around while also reducing the impact of motor vehicles on the environment. While rideshare services are convenient, the drivers who operate these vehicles are no more immune to becoming involved in a crash than any other motorist on the road. Any act of negligence, whether by the rideshare driver or someone else, can cause a crash in an Uber or Lyft. The aftermath of these accidents, though, is vastly different from other auto accidents that do not involve rideshare drivers. Below, one of our Baton Rouge auto accident lawyers explains why the aftermath of rideshare accidents is so much more complex. Multiple Liable Parties Typically, after a car accident, the only parties involved are the motorists at the scene and the insurance companies that represent them. In rideshare accidents, this is not true. There are many parties involved in these accidents, including the rideshare driver, the rideshare company, passengers, and other drivers. To determine who is liable, injured individuals must determine how the crash occurred and the role each party played. If more than one party is at fault for the crash, it can greatly complicate the case. Each party will likely shift blame to others in an effort to shield itself from liability. Although injured passengers cannot be blamed for these crashes, disputes over liability can greatly delay a claim and the damages that accident victims deserve. Determining the Insurance Coverage Available Determining which insurance company is responsible for paying coverage after a rideshare accident is particularly complicated. This is especially true if the rideshare driver acted negligently and was at fault for the crash. If the driver was not logged into the app at the time of the accident, their own personal auto insurance company would be liable for paying damages. If the driver was logged into the app but was waiting for a ride request, both Uber and Lyft provide limited coverage. If the rideshare driver was carrying a passenger when they caused the crash, Uber and Lyft both provide coverage up to $1 million.  Insurance companies covering rideshare drivers will use many strategies to try to avoid paying the damages that injured individuals deserve. They may argue that the rideshare driver was not logged into the app or had not yet picked up a passenger. It is critical to work with a Baton Rouge auto accident lawyer who can prove the insurer is liable for paying full damages. Dispute Resolution All rideshare services require users to enter into an agreement before creating a profile or requesting a ride. These agreements are full of legal jargon and many people simply accept the agreement without fully reviewing the terms. Many rideshare companies include alternative dispute resolution methods when there is a dispute over a claim. For example, an agreement may require an injured individual to enter arbitration if there is a dispute over their claim. This can greatly limit an accident victim’s rights to go to court to obtain the full damages they deserve after a crash. Collecting Evidence Evidence is required after any car accident. Accident victims must collect evidence to prove how a crash occurred, what caused their injuries, and the amount of damages they are entitled to.  Accident victims need evidence after a rideshare accident, too, but this evidence is often difficult to obtain. For example, an accident victim may have to obtain digital records from the rideshare company or a cell phone company if they have to prove the driver’s status at the time of the crash. Without legal help, these records are not easy for accident victims to obtain. Other important evidence after a rideshare accident includes witness statements, photos from the scene, police reports, and more. Even this evidence, which may not require subpoenas, is not easy to collect when trying to recover from serious injuries. A Baton Rouge auto accident lawyer can help accident victims collect the evidence that is critical to their case. Our Auto Accident Lawyers in Baton Rouge Can Help After an Accident If you have been hurt in a rideshare accident, do not go through the process alone. At Big River Trial Attorneys, our Baton Rouge auto accident lawyers can determine who is liable for paying damages, accurately value your claim, and collect the evidence needed in your case so you obtain the full and fair settlement you deserve. Call us now at (225) 963-9638 or fill out our online form to schedule a consultation with one of our experienced attorneys and to learn more about how we can help. Louisiana is no longer under pure comparative fault.  We are now a modified jurisdiction, so there is no recovery to someone who is 50% or more at fault. This paragraph needs to be revised: As of January 1, 2026, Louisiana will move to a modified version of comparative fault law. Under the modified version, motorcycle accident victims will not be able to recover compensation if they are 50 percent or more at fault, making it even harder for them to claim the full compensation they need. Even if a biker is less than 50% at fault under the new law, any damages they are awarded will be reduced by their same percentage of fault.

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Personal Injury

Tips for Preparing for a Workers’ Compensation Hearing

If your workers’ compensation benefits are at risk, it can feel as though your entire future is on the line. The vast majority of workers’ compensation claims in Baton Rouge and throughout Louisiana are resolved without the need to ever step foot inside a courtroom. When employees file the proper paperwork and follow the required process, most employees receive the benefits they need. Unfortunately, not all claims proceed this smoothly. If there is a dispute between you and your employer, or the insurance company representing them, your case may be scheduled for a formal hearing before a workers’ compensation judge. If a hearing is scheduled for your case, it does not mean that you have automatically lost your case. However, it does mean that proper preparation is of critical importance. Ensuring you are properly prepared can mean the difference between obtaining the financial help you need to recover and go back to work, or being denied. When are Workers’ Compensation Hearings Necessary? If there are disagreements over elements of your claim, they may include: If your issues cannot be resolved through mediation or negotiation, the Office of Workers’ Compensation Administration (OWCA) may schedule a formal hearing. What Should You Expect at a Workers’ Compensation Hearing? Workers’ compensation hearings in Louisiana are legal proceedings that are similar to trials but are usually not as formal. Instead of a jury, a workers’ compensation judge presides over the hearing. Both you and your employer will have the opportunity to tell the judge your side of the story and present evidence to support your claim. The evidence presented at workers’ compensation hearings often includes: At the hearing, you may also have to testify under oath. You may be asked questions about your employment duties, your injury, how it happened, and how it impacts your ability to work. Although most hearings are resolved in just one day, preparing for yours can take weeks. It takes time to collect the necessary documents, interview witnesses, and prepare a strong legal case. It is also important to work with a Baton Rouge workers’ compensation lawyer who can ensure you are properly prepared. How Can a Baton Rouge Workers’ Compensation Lawyer Help? It is always helpful to have legal representation when filing a workers’ compensation claim, but this is especially true if you are preparing for a hearing. An attorney can help in a number of ways, including: Our Workers’ Compensation Lawyer in Baton Rouge Can Help You Prepare for a Hearing At Big River Trial Attorneys, our Baton Rouge workers’ compensation lawyer has the necessary expertise to fight for the benefits you deserve and ensure your rights are upheld. Whether you are just about to file a claim, preparing for a hearing, or filing an appeal, we can help. Call us today at (225) 963-9638 or fill out our online form to request a consultation and to get the legal help you need.

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Personal Injury

Why Do Insurance Companies Deny Motorcycle Accident Claims?

For many motorcyclists in Baton Rouge, cruising on Great River Road, the Bogue Chitto Loop, and Route 415 is a way of life. Sadly, sometimes these rides end in accidents that result in very serious injuries. If you have been hurt by a negligent driver or other party, you may be able to file a claim for compensation against their insurance company. Unfortunately, you may find that soon, the insurance company is blaming you for the accident, and even threatening to deny you the compensation you need to recover. Motorcyclists are not only more likely to be seriously injured in a crash, but they are also more likely to have their claims denied or devalued by insurance companies. This is largely due to the fact that insurers often assume that bikers are reckless and irresponsible, even when they were not to blame for a crash. Below, our Baton Rouge motorcycle accident lawyer explains the most common reasons bikers are denied. Insurance Companies are Often Biased Against Bikers To some insurance companies, the fact that you ride a motorcycle is the only evidence they need against you. Some only see the open handlebars, leather jackets, and loud engines and assume that you are reckless, not responsible. Even when someone else’s carelessness caused your accident, this stigma can follow you throughout the claims process.  In fact, this stigma is one of the most common reasons motorcycle accident claims are denied. Adjusters often allow these built-in biases and stereotypes to cloud their judgment. In addition to filing a claim, you are also fighting that narrative. An experienced motorcycle accident lawyer will know how to fight back against these assumptions using witness accounts, police reports, expert testimony, and more. Insurance Companies Will Blame You for the Crash As of January 1, 2026, Louisiana will move to a modified version of comparative fault law. Under the modified version, motorcycle accident victims will not be able to recover compensation if they are 50% or more at fault, making it even harder for them to claim the full compensation they need. Even if a biker is less than 50% at fault under the new law, any damages they are awarded will be reduced by their same percentage of fault. Insurance companies use the comparative fault law to shield themselves from paying full damages. They may argue that you were speeding, not wearing a helmet, or lane splitting. All of these are illegal actions in Louisiana, so engaging in them can result in you being found partially to blame. Insurers will use these arguments even if they are not true just to justify a denial. A lawyer can obtain strong evidence, such as footage from a dash cam or nearby surveillance cameras, to prove the other party is liable. Insurance Companies May Minimize Your Injuries If you did not receive immediate medical treatment for your injuries, the insurance company will use this against you to argue that your injuries are not as severe as you claimed. To ensure this does not happen, it is critical to seek medical attention as soon as possible after the crash, follow all medical recommendations closely, and retain records of all prescribed treatments, test results, and doctor visits. Insurance Companies May Claim Incomplete or Missing Paperwork Filing a motorcycle accident claim involves a lot of paperwork. If you do not submit all the necessary documentation to prove your case, this provides the insurer with a valid reason to deny your claim. However, insurance companies often ask for unnecessary documentation that is not pertinent to your case or that you have already submitted. This is a strategy they use to delay your claim in the hopes that you will eventually give up on obtaining a fair settlement. A Baton Rouge motorcycle accident lawyer will ensure that all of your paperwork is filled out properly so insurance companies have no reason to deny your claim.  Insurance Companies May Dispute Your Injuries Insurance companies may discover that you suffered from pre-existing injuries prior to your accident. They may blame your current injuries caused by the crash on those injuries. A lawyer will inform you of your rights to compensation if an accident exacerbates your pre-existing condition. A lawyer will also ensure you do not sign legal documents, such as a medical release, so the insurer cannot discover pre-existing injuries. Our Motorcycle Accident Lawyer in Baton Rouge Can Fight the Insurance Companies If you have been in a motorcycle accident, do not file a claim on your own. At Big River Trial Attorneys, our Baton Rouge motorcycle accident lawyer knows the strategies insurers use to reduce and deny claims and how to combat them so you receive the full and fair settlement you deserve. Call us today at (225) 963-9638 or fill out our online form to get the legal representation you need.

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Personal Injury

What is the Law on Dog Bites in Baton Rouge?

Baton Rouge is very dog-friendly. The city offers a number of dedicated dog parks, dog-friendly trails, and even a selection of dog-friendly attractions, restaurants, and hotels. Unfortunately, dogs in the city are not always as amiable or affectionate. These animals can become violent and bite or attack in just seconds. When they do, people sustain some of the most serious injuries.  If you or someone you love has been injured by a dog, you may be able to file a claim against the owner for compensation. The law on dog bites in Baton Rouge and throughout Louisiana is quite clear and strives to protect dog bite victims. Still, obtaining the full compensation you deserve is not easy, so you should speak to a Baton Rouge dog bite lawyer as soon as possible. Louisiana is a Strict Liability State Dog owners in Louisiana are responsible for ensuring that their pet does not cause harm to others. This can include keeping a dog on a leash, behind a fence, or otherwise restrained to reduce the risk of a bite or attack. Any time a dog bites or attacks someone, causing them injury, the owner can be held strictly liable. Strict liability means that accident victims do not have to prove the dog owner was negligent. You do not have to show that the dog has bitten someone in the past or that the owner was aware of the dog’s violent and aggressive tendencies. Instead, you must only show that the dog bit or attacked you and that you sustained injuries as a result. As with any law, there are exceptions to the strict liability law governing dog bites. For example, when someone provokes a dog, leading to a bite or attack, they cannot sue the owner for damages. Additionally, trespassers cannot usually sue for dog bites because dog owners are not liable for injuries caused to a person who was unlawfully on their property. Common Injuries Caused by Dog Bites Even just a single dog bite can result in serious injuries. The most common of these include: If you have suffered any of the above injuries due to a dog bite, it is important to seek medical attention and then speak to a Baton Rouge dog bite lawyer as soon as possible. What to Do After a Dog Bite You can claim compensation for any injury suffered during a dog bite, but the steps you take immediately afterward can significantly strengthen your claim. These include: Call Our Dog Bite Lawyer in Baton Rouge Today Dog bite claims are complicated, and they require a thorough understanding of the strict liability laws in the state. If you have been hurt, our Baton Rouge dog bite lawyer at Big River Trial Attorneys can help. We can help you collect the vital evidence you need, prove your claim, and help you obtain the full settlement you are entitled to. Call us now at (225) 963-9638 or contact us online to request a consultation and to get the legal help you need.

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Personal Injury

Can You Sue for Emotional Distress After a Car Accident?

Can You Sue for Emotional Distress After a Car Accident? After a car accident, many people focus on the physical injuries they sustained, such as broken bones, traumatic head injuries, and more. Unfortunately, not all injuries after a crash are as visible as these. Car accidents are often very traumatic events, and many victims suffer emotional distress afterward. Although emotional distress is not as evident as physical injuries after an accident, it can be life-changing for accident victims, impacting their ability to sleep, drive, and work.  Understanding Emotional Distress in Personal Injury Lawsuits In personal injury lawsuits, emotional distress refers to the emotional and mental suffering a person experiences after being involved in a traumatic event, such as a car crash. Emotional distress can include depression, anxiety, insomnia, fear, and post-traumatic stress disorder (PTSD). Emotional distress is far more than the irritation or sadness one feels after a car accident. Instead, it is severe and enduring. Legally speaking, emotional distress falls into the category of non-economic damages, which include losses that do not have a concrete dollar value. Non-economic damages, such as those for emotional distress, compensate accident victims for the mental anguish they experienced due to the crash. When emotional distress is a result of a car accident you did not cause, you would not have suffered it otherwise, and the law recognizes that you deserve compensation for it. Common Signs of Emotional Distress After a Car Crash Everyone responds to trauma differently, and as such, people can often show emotional distress in a number of ways. If you have been hurt and are unsure of whether you are experiencing emotional distress, there are some common signs to look for. These include: If you are experiencing any of the above signs of emotional distress, or the accident has caused your preexisting mental health concerns to become worse, it is critical that you seek medical treatment. This may be a mental health professional, your primary care doctor, or the doctor who immediately treats your injuries, such as an emergency room doctor. Documenting these injuries in your medical records is critical when pursuing compensation for this injury. Proving Emotional Distress After a Car Accident It is possible to sue for emotional distress after a car accident. When filing your claim, you will have to prove several elements of the injury, including: It is important to speak to a Baton Rouge car accident lawyer as soon as possible after any crash. An attorney can advise on the evidence that can prove your claim and ensure it is filed within the two-year statute of limitations imposed by state law. Does Louisiana Have an Impact Rule? Some states, such as Florida,  have an impact rule that prohibits accident victims from filing a lawsuit for emotional distress when they did not also suffer a physical injury associated with the mental anguish. Louisiana does not have an impact rule, and you can file a lawsuit to recover these damages even if you were not physically injured. Still, sustaining a physical injury along with emotional distress can make it easier to prove your case. Our Car Accident Lawyer in Baton Rouge Can Prove Your Case Emotional distress is very common after a car accident, but obtaining the damages you deserve is not always easy. At Big River Trial Attorneys, our Baton Rouge car accident lawyer can help you gather the evidence you need to strengthen your claim, ensure it is filed on time, and give you the best chance of a favorable outcome. Call us now at (225) 963-9638 or fill out our online form to request a consultation with one of our experienced attorneys today.

Worker using a power tool with bright orange sparks flying while cutting metal.
Personal Injury

Common Causes of Industrial Accidents in Baton Rouge 

Any workplace can pose dangers to workers, but this is particularly true for industrial workers. When workplace environments are not safe, they pose a serious risk to the health and well-being of workers. Every year, thousands of lives are lost in industrial accidents throughout the country. Below, our Baton Rouge industrial accident lawyer outlines the most common causes of these accidents and how to proceed afterward. Fatigue One of the most common causes of workplace accidents is fatigue. Industrial work requires manual labor, and the shifts are often very long, which is exhausting for workers. It is important that employees take breaks at regular intervals to recover and rest. When they are not able to do this, it can cause many issues, including general fatigue. Employers must ensure all workers are given time off and breaks to ensure they remain safe. Heavy Lifting Heavy lifting is another common cause of industrial accidents. Lifting heavy objects can result in sprains, strains, and torn muscles. Lifting heavy objects can cause the spine to experience trauma, and it can also result in overexertion, which can lead to additional injuries. Braces, hoists, and forklifts should be used to ensure workers do not suffer injury from heavy lifting. Dehydration It is not uncommon for industrial workers to perform their jobs in areas of high heat. Smelters, foundries, outdoor occupations, and more can all cause workers to become dehydrated. Dehydration causes many physical issues, such as fainting, low blood pressure, and more. Employers should ensure workers have plenty of water and rest breaks throughout the day to ensure employees do not suffer harm. Exposure to Hazardous Materials When hazardous materials are not properly handled, they can cause a serious industrial accident. Failing to wear the proper protective equipment can also result in exposure to hazardous materials. Employers should properly train workers when handling these substances, provide worker safety data sheets, and make sure all workers are wearing the proper protective equipment so no one becomes hurt. Insufficient Lighting Employers do not always realize the importance of providing workers with proper lighting. However, insufficient lighting commonly causes many industrial accidents. Broken, missing, or outdated bulbs can all make it more difficult for industrial employees to work safely. While many employers are choosing LED lighting today for their long life and brighter illumination, these too have their problems. LED lighting can make it harder to see objects in shadowy areas, discern color-coding, and make it harder to react to objects in one’s peripheral vision. Slip and Falls Every year, thousands of workers are hurt in slip and fall accidents. High-traffic corridors, cluttered or slick floors, and improper footwear can all result in slip and fall accidents. Many people think that these accidents do not result in serious injuries, but that is not true. Industrial workers are prone to falling onto dangerous equipment or concrete floors, or they may fall from heights. These accidents result in severe injuries and sometimes, they are even fatal. Slip and fall accidents are also one of the most common causes of workers’ compensation claims. Chemical or Gas Explosions Explosions happen in industrial workplaces more often than people think. Manufacturing plants, warehouses, and oilfields are all workplaces that are at risk of explosions occurring. Electrical issues, chemical spills, faulty equipment, and explosive substances can all result in an explosion that causes serious injuries. Additionally, an initial explosion may cause subsequent explosions, injuring a larger number of workers over a larger area. Even the smallest mistake, such as smoking around hazardous substances, can put all employees on a job site at risk. Post-Traumatic Stress Disorder  All jobs come with a certain degree of stress, but this is particularly true in industrial work because the jobs are so dangerous. If you are not properly trained for your position, you work with inadequate safety equipment, or you are overworked, it can be very stressful. A worker experiencing stress is more likely to make mistakes because they are fatigued, and this can cause serious injury. Industrial accidents are also traumatic. They often result in catastrophic injuries and are life-changing for workers. This can cause them to suffer from post-traumatic stress disorder (PTSD), which can stay with them for years, or even the rest of their lives. Our Industrial Accident Lawyer in Baton Rouge Can Explain Your Legal Options After an industrial accident, you may have many options for recovering compensation. At Big River Trial Attorneys, one of our Baton Rouge industrial accident lawyers can review the facts of your case, determine which route is right for you, and guide you through the process so you obtain the full compensation you need. Call us now at (225) 963-9638 or fill out our online form to schedule a free consultation.

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Personal Injury

​​How Can Social Media Hurt Your Personal Injury Case?

If you have been hurt in a car crash, slip and fall, or other type of accident, you may be able to claim compensation if someone else’s negligence, or carelessness, caused your injuries. Today, social media is a regular part of our daily lives. Hopping onto Facebook, X, TikTok, or any other platform may not seem risky after an accident. However, the truth is that posting to social media can do much more damage to your claim than good. Below, one of our Baton Rouge personal injury lawyers explains in further detail. How Can Social Media Impact Your Personal Injury Case? Liable parties, insurance companies, and defense attorneys utilize social media to collect information that could hurt your personal injury case. These parties use many different platforms to find posts, tagged photos, and more that can challenge the severity of your injuries or your credibility. These parties look for the following information: After defense attorneys and insurance adjusters have the above information, they may argue that you do not require the amount of damages you are pursuing, which could possibly lower the settlement offer. The goal of the insurance adjuster is to protect the company’s profits, which means not providing coverage for the total losses you sustained. How to Safeguard Your Social Platforms After an Accident While you may not be able to stop the other side from combing through your social media posts, there are ways to protect your profiles so they do not hurt your claim. The first step you should take is to review the privacy settings on all of your profiles. Make sure that only your friends can see your profile and that your posts are not accessible to the public. Check regularly for any updates made to a platform’s privacy policy so you can ensure that your profiles are secure and cannot be seen by others. Secondly, make sure there are no posts that insurers and liable parties cannot take out of context. Even updates that are seemingly innocent can be misinterpreted to discredit you and your claim. Do not discuss the details of the accident, your injuries, or your recovery process on any platform. Lastly, remember there is always the risk that the other side may try to gain access to your posts through your friends or even subpoenas. Due to this, it is critical to consider how the other side may perceive your online persona. For example, political posts,  inflammatory comments, or controversial memes could be used to make you look bad in front of a judge or jury. Insurance adjusters may collect any posts that are contradictory to your claim, even if they were made years before your accident. To ensure that your social media posts will not be used against you, it is critical to speak to a Baton Rouge personal injury attorney. Raise any concerns you may have about certain posts, and remember that simply deleting them does not always mean that they have disappeared completely. Our Personal Injury Attorneys in Baton Rouge Can Help with Your Case There are many factors that can hurt your personal injury claim, and social media posts are often overlooked. At Big River Trial Attorneys, our Baton Rouge personal injury attorneys can help you navigate the process so no mistakes are made and your claim is protected at all times. Call us today at (225) 963-9638 or fill out our online form to schedule a free consultation with one of our experienced attorneys and to learn more about how we can help with your case.

Driver with faded lights in the distance.
Personal Injury

FAQs About Car Accidents in Louisiana

The aftermath of a car accident is often confusing and stressful. You will have many questions and may feel unsure of what to do next. It is imperative that you get the answers you need as soon as you can, so you understand the next steps and how to protect your rights. Below, our Baton Rouge car accident attorney outlines some of the most frequently asked questions and their answers. What are the Immediate First Steps After a Crash? The priority after any accident is to ensure that you and everyone else are safe. Pull your vehicle over to a safe location, check yourself for injuries, and make sure everyone is unharmed. Then you can start collecting information such as the insurance details, contact information, and names of all other parties involved. Take photos and video surveillance of the accident scene, your injuries, and any damage to the vehicles involved. Also locate any witnesses and ask them for their contact information. You can also scan for security cameras in the vicinity, such as at local businesses and traffic lights. Just make a note of their location so you can tell your lawyer about them in the future. What are Your Rights and Responsibilities After an Accident? You have many rights and responsibilities after any auto accident. For example, you are required to report any accident resulting in injury, death, or property damage exceeding $500 to law enforcement. You also have a right to obtain a copy of the police report, which can provide you with evidence that strengthens your claim. The police report may even indicate that another driver caused the crash, which will make a significant difference in your claim. While Louisiana is a ‘fault state’ regarding auto accidents, you likely also have a responsibility to report the accident to your  own insurer. If you fail to do this, the insurer may have the right to cancel your policy. Why Should I Work With a Baton Rouge Car Accident Lawyer? There are many benefits a car accident attorney can bring to your case. A lawyer can negotiate with the insurance company on your behalf to ensure you receive a fair settlement. Attorneys also have an extensive network of expert witnesses that can break down complex information to a judge or jury to strengthen your case. Expert witnesses include medical professionals, economists, and accident reconstruction specialists. An attorney will also investigate your accident and collect evidence that proves your case. These are just a few of the benefits you will realize when working with an attorney after a crash. Can You Recover Pain and Suffering Damages After a Crash? Pain and suffering damages cover the physical pain and the emotional anguish you experience after a crash. Louisiana law recognizes these as losses, and so, you deserve compensation for them, and you can pursue pain and suffering in your accident claim. Can You Sue for Punitive Damages? Generally speaking, punitive damages are not available after car accidents in Louisiana. The only exception to this is when a specific statute authorizes them. For example, if an impaired driver caused your accident that resulted in injuries, you can pursue punitive damages. These are not compensatory damages. Instead, they are meant to penalize the defendant and deter them from grossly reckless behavior in the future. How Long to File a Car Accident Claim in Louisiana? Louisiana has recently changed the statute of limitations, or the time limit, on personal injury claims. If your accident occurred before July 1, 2024, you have two years to file your claim. If your crash happened on or after July 1, 2024,  you have just one year to file your claim.  Even the one-year time limit may seem like a significant amount of time, but it is not. If the statute of limitations expires, you will forfeit your right to claim any compensation at all. While there are some exceptions to the law, they are quite limited. It is critical to speak with a car accident attorney as soon as possible after a crash. Our Car Accident Attorney in Baton Rouge Can Answer Your Questions The above questions are just a few of the most common we hear from accident victims. At Big River Trial Attorneys, our Baton Rouge car accident lawyers can provide the answers you need so you can make informed decisions and obtain the full and fair compensation you are entitled to. Call us now at (225) 963-9638 or fill out our online form to schedule a free consultation with one of our experienced attorneys and to learn more about how we can help.

motorcyclist driving- big blue sky
Personal Injury

Common Hazards Motorcyclists Should Watch For

There is no doubt that riding a motorcycle is a thrilling experience, with the open horizon ahead and the wind in your face. However, motorcyclists are fully aware of the dangers they face when on the road. One slick patch of oil, an unexpected pothole, or a careless driver can turn an exciting ride into a catastrophic accident. Unlike other motorists, bikers do not have steel frames that can absorb impact, airbags, or even seat belts. These are just a few reasons why motorcyclists are four times more likely to be hurt in an accident than occupants of passenger vehicles. Many of the serious injuries caused by motorcycle accidents are entirely preventable. Below, our Baton Rouge motorcycle accident lawyer explains some of the most common hazards motorcyclists should watch for. Uneven Pavement and Potholes The intense heat and heavy rains in Louisiana cause significant wear and tear on the roads, resulting in cracks, potholes, and uneven pavement. These hazards can be disastrous for motorcyclists. When a biker hits any one of these at high speeds, it can throw the entire bike off balance. A large pothole can also interfere with the suspension on a bike, causing a biker to lose control while braking or making a turn. Spilled Fuel or Oil Fuel and oil spills are often hidden hazards in high-traffic areas, such as loading zones,  intersections, and major trucking routes. These spills may appear as faint rainbow shimmers on the pavement, but they can quickly destroy traction. Even a small patch can cause a bike to slide during an emergency stop or a turn. When a spill is located on an on-ramp or curve, it can cause a biker to suffer serious injuries before they even know what caused the crash. Gravel and Sand Loose gravel and sand are seemingly innocent, but truthfully, these hazards are extremely dangerous. Sand and gravel tend to accumulate near construction zones,  road shoulders, and sharp corners, and they can quickly catch a motorcyclist off guard. Sand and gravel can both reduce traction, causing a rider to slide out during a sudden stop, turn, or fast acceleration. These hazards are not always seen right away because they blend in with the pavement on the road. Large Puddles To occupants in a passenger vehicle, large puddles may seem fairly harmless, but to a motorcyclist, they pose a serious threat. Large puddles can cause a motorcycle to hydroplane, resulting in the bike traveling across the surface in an uncontrollable manner. Large puddles can also conceal large potholes. Debris on the Road Road debris such as shredded tires, fallen tree branches, and even cargo from a truck can appear on the road unexpectedly. Motorcyclists must make split-second decisions in these situations. Swerving too hard can cause them to lose control, and riding over debris can throw the motorcyclist and the bike off balance. Road debris becomes even more dangerous in heavy traffic conditions. If debris is noticed too late, the biker does not have time to react. Negligent Drivers Not all dangers motorcyclists face are on the surface of the road. Some of the biggest dangers are driving other vehicles. Other motorists are unpredictable. They may tailgate, make sudden lane changes, or drive while distracted. These and other negligent actions can be catastrophic for bikers. Dooring Dooring occurs when the occupants of a parked vehicle open their door into the path of an oncoming motorcyclist. Without enough time to slow down or stop, the motorcycle then crashes into the open door. Dooring most often happens to bicyclists, but many motorcyclists have also been hurt due to the negligent act. Dooring can cause some of the most serious injuries, including broken bones, traumatic brain injuries, and road rash. Dooring is also a negligent act, and anyone who engages in the behavior can be held liable. Our Motorcycle Accident Lawyer in Baton Rouge Can Help After Injury Things like road debris, puddles, and uneven pavement may seem like minor inconveniences to occupants of passenger vehicles. For motorcyclists, though, they are catastrophic. At Big River Trial Attorneys, our Baton Rouge motorcycle accident lawyer can advise on your case and determine who is liable for paying compensation for your injuries. In many cases, road hazards are caused by negligent government entities, and these cases have shorter timelines and different rules that we can help you navigate. Call us now at (225) 963-9638 or complete our online form to schedule a free consultation and learn more about how we can assist with your case.

Clock symbolizing legal deadlines and time limits for filing a claim.
Personal Injury

Common Delays in Car Accident Claims

If you have been hurt in a car accident due to another person’s negligence, you can file a claim against the at-fault party to recover your medical expenses, lost income, and other losses. As you try to make a full recovery, though, you may also struggle to pay your doctors’ bills and other expenses. You need compensation quickly, so you can focus on getting better and moving forward with your life. Unfortunately, there are many things that can delay compensation from a car accident claim. Below, our Baton Rouge car accident lawyer explains what these are. Assessing the Full Scope of Your Injuries One of the most common delays in car accident cases is the time necessary to assess the full scope of your injuries. This is the only way you will fully understand your future medical needs, the cost of treatment, and the long-term impact the injuries will have on your life. Certain injuries, such as spinal cord damage and traumatic brain injuries, do not immediately show their full effects. If you accept a settlement too quickly, you may underestimate your long-term medical needs, which may leave you without the compensation you need for continued care. It may also take doctors several months to determine that you have reached maximum medical improvement (MMI), which means your injuries will not become any better or any worse. Disputes Regarding Fault Disputes regarding fault are another common cause of delays. If the other driver, or  the insurance company that represents them, disputes fault, it can create significant delays in the claim process. The insurance company covering the at-fault party will investigate the crash, review police reports, talk to witnesses, and analyze footage from traffic cameras. If there is insufficient evidence or contradicting witness statements, the insurance company may delay or deny the claim. In certain cases, the liable driver may try to shift blame to limit their liability, which can further complicate the process. Bad Faith Insurance Tactics Insurance is a big business, and insurers prioritize their profits over the well-being of accident victims. They often use stalling tactics in the hopes that an accident victim will become frustrated and give up on their claim, or so they will become desperate for compensation and accept a lowball offer. This is known as bad faith, and some common strategies used include: If you suspect the insurer is delaying your claim deliberately, it is important to speak to a Baton Rouge car accident lawyer who can fight back against bad faith tactics. Inaccurate or Incomplete Documentation Any missing information or mistake could result in delays in the process. Some of the most common issues are as follows: Fortunately, these delays are avoidable. Ensure all statements, forms, and medical records are accurate and complete before submitting them. A car accident attorney can review your paperwork and make sure it is complete and accurate. Litigation vs. Settling Although the vast majority of car accident claims are resolved during settlement negotiations, there is a minority of cases that go to trial. Trials take far longer than settlement negotiations and may extend the timeline of your case to one year or longer. While you may want to avoid this long delay by accepting a settlement, there are times when going to trial is necessary to uphold your rights. These include: Our Car Accident Attorney in Baton Rouge Can Help You Avoid Delays One of the best ways to avoid delays in your car accident claim is to work with a Baton Rouge car accident attorney. At Big River Trial Attorneys, our experienced attorneys can provide the legal advice that will help your claim proceed as quickly as possible so you get the compensation you need when you need it. Call us now at (225) 963-9638 or contact us online to schedule a free consultation and to get the legal help you need.

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Personal Injury

How Much is the Average Car Accident Settlement in Baton Rouge?

If you have been injured in a car accident caused by someone else’s negligence, you can file a claim against them for damages. The vast majority of these cases settle outside of the courtroom, and it is natural to wonder how much you will receive in your settlement. Truthfully, there is no such thing as an ‘average’ car accident settlement. In Baton Rouge, car accident settlements range from $5,000 to $100,000. The range is so wide because there are a number of factors that impact these settlements. Below, our Baton Rouge car accident lawyer explains what these are. The Severity of Your Injuries The most influential factor in any car accident settlement is the severity of your injuries. Injuries that are more severe typically result in more medical expenses, longer recovery times that require you to take more time off work, and a greater impact on your overall quality of life. All of these can increase the amount of your settlement. Additionally, if you suffered a permanent disability, you can also recover damages for this. These injuries can also result in a need to modify your home or vehicle, which will also generate a higher settlement. Medical Expenses Medical expenses also make up a large portion of car accident settlement amounts. Your medical expenses include any surgeries, emergency room visits, hospital stays, prescription medications, physical therapy, and more. You can also include your current medical expenses, along with any future medical expenses you may incur. To obtain the full medical expenses you deserve, it is important to document all appointments and keep all invoices and bills. Also, follow through with all medical recommendations, as failing to do so could negatively impact your settlement. Lost Income There is a good chance that you will need to miss work for a period after your car accident. You can include any lost income in your claim as well as lost vacation pay, sick pay, and employment benefits. Like your medical expenses, you can include any current lost wages, as well as any lost future income. Additionally, if you cannot return to the same line of work in the future, you can also claim a reduced earning capacity to make up the difference between what you used to make and what you currently make. Pain and Suffering Not all injuries sustained in car accidents are visible. The physical injuries you suffer will result in a great deal of pain and emotional distress. You may not be able to enjoy the things you once did, and you may also not be able to perform even the simplest of tasks. You can recover these losses in your car accident claim by including damages for pain and suffering. Pure Comparative Fault Law Car accident claims in Baton Rouge and throughout Louisiana are governed by a pure comparative fault law. This means that even if you are 99% at fault for a crash, you can still file a claim for damages. However, any damages you are awarded will be reduced by the same percentage of fault. For example, if you were awarded $100,000 in damages but you were found 20 percent at fault for the crash, you would ultimately receive $80,000. Limits on Insurance Policies Insurers are only responsible for paying up to the limits of a policy, and so, this is the maximum amount you can claim. This is one reason it is so important to identify all liable parties. For example, after an accident involving a tractor-trailer, the truck driver may be at fault. If the trucker is an employee, the trucking company they work for may also be found liable. By filing a claim against both the trucker and the trucking company, you can receive damages from two insurance policies with two different levels and obtain the full compensation you deserve. Our Car Accident Lawyer in Baton Rouge Can Help You Claim Maximum Damages While there is no such thing as an average car accident settlement, there are certain things you can do to maximize your claim. At Big River Trial Attorneys, our Baton Rouge car accident lawyer can advise on what these are and negotiate with the insurance company on your behalf so you obtain the full and fair settlement you are entitled to. Call us now at (225) 963-9638 or fill out our online form to schedule a free consultation with our experienced attorney and to learn more about how we can help with your case.

Clock symbolizing legal deadlines and time limits for filing a claim.
Personal Injury

What is the Statute of Limitations on Personal Injury Cases in Louisiana?

If you have been injured due to someone else’s negligence, you may be entitled to file a personal injury claim against them to recover damages. Within your claim or lawsuit, you can recover your medical expenses, lost income, and other damages.  However, you only have a certain amount of time to file your claim. This is known as the statute of limitations, and it is an important law. The law was also changed last year, and not everyone in the state is aware of those changes. Below, our Baton Rouge personal injury lawyer explains further. What is the New Statute of Limitations? Again, the statute of limitations is a time limit applied to all personal injury cases. Previously, the statute of limitations only gave accident victims one year to file their claim or lawsuit. This was one of the shortest statutes of limitations in the country. As of July 1, 2024, though, the statute of limitations has been extended to two years for all personal injury claims. This means you have two years from the date of your injury to file your claim. The new statute of limitations date is crucial for accident victims. If you were hurt before July 1, 2024, the older statute of limitations still applies in your case. If you were hurt on June 30, 2024, for example, you only have until June 30 of this year to file a claim. File Your Claim as Early as Possible If you have been hurt in a car crash, a slip and fall, or another type of accident, it is critical that you speak to an attorney right away. Even with the new statute of limitations, you still only have a certain amount of time to file your claim. If the statute of limitations expires and you have not yet filed your claim, you will lose your legal right to claim any damages at all. Two years may sound like a long time, but it is not. Before filing your claim, you must conduct a full investigation into the case, collect evidence, and prepare arguments that prove your claim. All of this takes time, and therefore, it is crucial that you consult with a lawyer immediately. A lawyer can handle all of these tasks on your behalf so you do not forfeit your damages. Exceptions to the Statute of Limitations Although the statute of limitations law is clear and strict, there are exceptions to it. These include: Call Our Personal Injury Lawyer in Baton Rouge Today If you have been hurt and someone else is to blame, it is critical that you do not wait to contact our Baton Rouge personal injury lawyer at Big River Trial Attorneys. Our experienced attorney can investigate the claim and collect the evidence that supports your case so you obtain the full and fair damages you are entitled to. Call us now at (225) 963-9638 or fill out our online form to schedule a free consultation with our experienced attorney and to get the legal help you need.

Semi-truck driving on a highway at sunset.
Personal Injury

How Do Truck Accidents Differ from Car Accidents?

Traffic accidents are very common in Baton Rouge and throughout Louisiana. Many of these are minor and do not result in serious injuries. When a large truck is involved, however, victims will typically suffer injuries that are catastrophic. The impact of these injuries remains with accident victims long-term. There are many differences between truck accidents and crashes involving smaller cars that cause these severe injuries. Below, our Baton Rouge car accident lawyer explains what these are. Size Differences Commercial trucks are exceptionally large. They are over 70 feet long and more than 13 feet high. When fully loaded, they can also weigh up to 80,000 pounds. Considering that the average car weighs just up to 4,000 pounds and is approximately 4 feet high, it is easy to see why a large truck causes so much damage and severe injuries. The large size of a commercial truck also creates huge blind spots on all sides of the vehicle. These blind spots are called ‘no zones’ because no car should ever remain in them. Multiple Liable Parties After most car accidents, liability typically lies with one of the drivers at the scene. While multiple drivers may have contributed to a crash, they are typically still at the scene. This is not always true after a truck accident. Multiple parties are often liable for these accidents, and they are as follows: Different Laws Most people are aware of the state laws that govern car accidents in Louisiana. Being a fault state, accident victims can hold liable parties accountable for paying damages when they acted negligently and caused a crash. This remains true when a large commercial truck is involved in a crash. However, there are other laws that apply specifically to trucks and the trucking industry, and many people are not aware of these laws. For example, truck drivers are only allowed to spend a certain amount of time on the road. This is known as the hours of service rule and is meant to prevent truck driver fatigue and the horrible crashes it can cause. Many truck drivers do not comply with this rule in order to meet their tight deadlines and deliver their cargo on time. Trucking companies also sometimes incentivize truck drivers to break the rules so they can increase their profits. Different Investigations Even the investigations that follow a truck accident are different from those conducted after a car crash. For example, during a truck accident investigation, your lawyer will ask the trucking company for the driver’s logbooks. Many of these are electronic today, and they cannot be forged or altered. These log books can prove that a truck driver was on the road for too long and is liable for an accident. Our Truck Accident Lawyer in Baton Rouge Can Help with Your Case Truck accidents are vastly different from car accidents, so seeking the help of a Baton Rouge truck accident lawyer is particularly critical. At Big River Trial Attorneys, our experienced attorney can determine who is liable for your injuries and hold them responsible for paying the fair settlement you are entitled to. Call us now at (225) 963-9638 or contact us online to schedule a free consultation and to learn more about how we can help.

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