Big River Trial Attorneys

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Personal Injury

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

/ / Personal Injury

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?

/ / Personal Injury

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

/ / Personal Injury

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?

/ / Personal Injury

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

/ / Personal Injury

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?

/ / Personal Injury

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

/ / Personal Injury

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?

/ / Personal Injury

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?

/ / Personal Injury

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?

/ / Personal Injury

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.

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