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Personal Injury

Personal Injury

How Much Does a Car Accident Lawyer Cost?

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Car accidents can be scary and stressful. When you’re in a car accident, it can be hard to know what to do next, especially if you’re injured. One important thing to consider is getting a Baton Rouge car accident lawyer to help you. But how much does a car accident lawyer cost? Let’s break it down. What is a Car Accident Lawyer? A car accident lawyer focuses their time on helping injury victims helps you if you’ve been in a car accident. They know the laws about car accidents and can help you get money for your injuries, damage to your car, and other expenses. They deal with insurance companies, go to court if needed, and make sure you get a fair settlement. How Do Car Accident Lawyers Charge? Most car accident lawyers work on something called a “contingency fee” basis. This means that you don’t pay them upfront. Instead, they take a percentage of the money they win for you. Here’s how it works: Before Filing a Lawsuit: If your case is settled before a lawsuit is filed, the lawyer usually takes about 33.33% (or one-third) of the settlement amount. After Filing a Lawsuit: If a lawsuit is filed, the lawyer’s fee usually goes up to 40%. If the Case Goes to Appeal: If your case goes to trial and then to an appeal, the lawyer’s fee can be as high as 50%. Most cases settle without going to trial, but a good car accident lawyer will be one that has trial experience and is ready to whatever it takes to get you the best outcome. Example of Lawyer Fees Let’s say you were in a car accident, and your case settles for $30,000 and you have $6,000 in medical expenses and no court costs before a lawsuit is filed. If your lawyer’s fee is 33%, they would get $10,000, your medical bills would be paid, and you would get $14,000. If a lawsuit is filed and you settle for the same amount, the lawyer’s fee would be 40%, which is $12,000, the medical bills would still be $6,000, and you would get $18,000 less any court costs or other expenses. No Out-of-Pocket Expenses One of the best things about hiring a car accident lawyer on a contingency fee basis is that you don’t have to pay any money upfront. The lawyer will cover all the court costs and other expenses for you. This means you don’t have to worry about paying for anything while your case is going on. What Do Court Costs and Other Expenses Include? When you hire a car accident lawyer, they might pay for things like: Filing Fees: These are fees paid to the court to file your lawsuit. Expert Witness Fees: Sometimes, experts are needed to explain things in court. Medical Records: Getting copies of your medical records can cost money. Investigations: Investigating the accident might include costs for getting police reports, accident reconstruction, and more. Your lawyer will pay these costs and get reimbursed from your settlement. This is important because it means you don’t have to worry about paying for these things upfront. Why Hiring a Car Accident Lawyer is Worth It You might wonder if hiring a car accident lawyer is worth it, especially since they take a percentage of your settlement. Here are some reasons why it’s worth it: Experience: Car accident lawyers know the laws and how to deal with insurance companies. They can make sure you get a fair settlement. Less Stress: Dealing with a car accident and injuries can be very stressful. A lawyer can handle all the legal stuff for you, so you can focus on getting better. Better Settlements: Studies have shown that people who hire lawyers often get higher settlements than those who don’t. How to Choose a Car Accident Lawyer If you decide to hire a car accident lawyer, here are some tips to help you choose the right one: Experience: Look for a lawyer who has experience with car accident cases. Reputation: Check online reviews and ask for recommendations from friends and family. Free Consultation: Many lawyers offer a free consultation. This is a chance to talk to the lawyer about your case and see if you feel comfortable with them. Clear Fee Structure: Make sure the lawyer explains their fee structure clearly. You should understand how much they will charge and when. Conclusion Car accidents can be overwhelming, but hiring a car accident lawyer can make things easier. Like most car accident lawyers, we work on a contingency fee basis, which means you don’t pay anything upfront. At Big River Trial Attorneys, we only get paid if we win your case. This makes it easier for you to get the help you need without worrying about money. Remember, a good car accident lawyer can help you get the compensation you deserve, handle all the legal details, and give you peace of mind. So, if you’ve been in a car accident, give us a call at (225) 725-6000 and let us help you through the process.

Personal Injury

Finding the Best Lawyer for Car Accident Cases in Baton Rouge

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Navigating the aftermath of a car accident can be a daunting task, especially when dealing with injuries, insurance claims, and potential legal battles. If you’re in Baton Rouge and need the best legal representation, it’s crucial to find a lawyer who specializes in car accident cases. This article will guide you through the essential criteria to consider when looking for the best car accident lawyer in Baton Rouge, focusing on expertise, availability, communication, and trial experience. Experience in Car Accident and Injury Law The first and foremost criterion for selecting the best lawyer for your car accident case in Baton Rouge is their experience in car accident and personal injury law. While there are many attorneys who offer general legal services, it’s vital to choose one who specializes exclusively in personal injury cases, particularly car accidents. This specialization ensures that the lawyer is well-versed in the specific laws and regulations governing car accidents and can effectively navigate the complexities of these cases. A lawyer who focuses on injury cases will have a deep understanding of the nuances involved in car accident claims, including determining fault, calculating damages, negotiating with insurance companies, and representing clients in court. They should also be familiar with local Baton Rouge streets, the applicable laws, and how they impact car accident cases. Look for lawyers who have a proven track record of successfully handling car accident cases and securing favorable outcomes for their clients. Availability and Accessibility Another critical factor to consider is the lawyer’s availability and accessibility. After a car accident, you need a lawyer who can promptly attend to your case and provide the necessary support. The best car accident lawyer in Baton Rouge for your case will be someone who can give your case the attention it deserves and is available to answer your questions and address your concerns throughout the legal process. When evaluating a lawyer’s availability, consider their current caseload and their ability to dedicate time to your case. A lawyer who is overloaded with too many cases might not be able to provide the focused attention your case requires. It’s also important to assess how easy it is to get in touch with the lawyer. Do they promptly return phone calls and emails? Are they available for in-person meetings when needed? A lawyer who is accessible and responsive can significantly ease the stress of dealing with a car accident claim. Communication Skills Effective communication is key to a successful attorney-client relationship. The best car accident lawyer in Baton Rouge for your case will be someone who communicates clearly, transparently, and empathetically. From the initial consultation to the final resolution of your case, you should feel confident that your lawyer is keeping you informed about the progress of your case, explaining legal terms and procedures in a way you can understand, and providing realistic expectations about the potential outcomes. Good communication also means that your lawyer listens to your concerns and answers your questions thoroughly. They should be able to explain the legal strategy they plan to use in your case and keep you updated on any developments. An attorney who values open and honest communication can help build trust and ensure that you are well-informed and comfortable throughout the legal process. Trial Experience While many car accident cases are settled out of court, it’s essential to choose a lawyer with trial experience. This ensures that if your case does go to trial, your lawyer has the skills and confidence to represent you effectively in front of a judge and jury. A lawyer with trial experience is also likely to be more adept at negotiating settlements, as insurance companies are aware of their ability to take a case to court if necessary. When researching potential lawyers, look for those who have a solid track record of taking cases to trial and winning. Ask about their specific experience with car accident trials and the outcomes of those cases. A lawyer with extensive trial experience will be better equipped to handle any challenges that arise during the legal process and fight for the best possible outcome for your case. Client Testimonials and Reviews Client testimonials and reviews can provide valuable insights into a lawyer’s reputation and the quality of their services. When searching for the best car accident lawyer in Baton Rouge, take the time to read online reviews and learn from the experience of past clients. Positive testimonials and high ratings can indicate a lawyer’s competence, professionalism, and commitment to client satisfaction. Look for reviews that specifically mention the lawyer’s expertise in car accident cases, their responsiveness, and their ability to communicate effectively. Pay attention to any recurring themes, such as a lawyer’s dedication to their clients, their willingness to go the extra mile, and their success in securing favorable settlements or verdicts. Personal Comfort and Trust Finally, it’s essential to choose a lawyer with whom you feel comfortable and confident. The best car accident lawyer in Baton Rouge for your case will be someone who makes you feel at ease and reassures you that your case is in capable hands. Trust your instincts when meeting with potential lawyers. Do they seem genuinely interested in your case? Are they patient and understanding when discussing your concerns? A lawyer who demonstrates empathy and a commitment to your well-being can make a significant difference in your overall experience and the outcome of your case. Conclusion Finding the best lawyer for your car accident case in Baton Rouge involves careful consideration of several key factors, including expertise, availability, communication, trial experience, and client testimonials. By prioritizing these criteria and conducting thorough research, you can ensure that you choose a lawyer who will provide the skilled representation you need and help you achieve the best possible outcome for your case. Remember, the right lawyer can make all the difference in navigating the complexities of a car accident claim and securing the compensation you deserve. If you’ve been involved in an accident, and if you would

Personal Injury

Should I Hire a Lawyer After a Car Accident?

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Car accidents are unfortunate events that can result in physical injury, emotional distress, and significant financial burdens. In the aftermath of an accident, one of the critical decisions you may face is whether to hire a lawyer to help navigate the legal complexities that often follow. Here, we’ll discuss several reasons why hiring a lawyer after a car accident can be beneficial, including proving fault, understanding the amount of insurance the other driver has, dealing with insurance companies, valuing personal injury claims, and the contingency fee structure of legal representation. Proving Fault One of the most significant challenges following a car accident is proving who was at fault. Establishing liability is crucial because it determines who will be responsible for the damages and injuries resulting from the accident. A lawyer can be instrumental in gathering evidence to support your claim. This evidence can include police reports, witness statements, traffic camera footage, and expert testimony, such as accident reconstruction specialists. A skilled attorney understands the legal standards and procedures necessary to prove fault and can effectively challenge the opposing party’s assertions. Without legal representation, you may find it difficult to gather the necessary evidence and present a compelling case, potentially jeopardizing your chances of receiving fair compensation. Determining the Amount of Insurance Understanding the amount of insurance coverage the other driver has is vital in determining how much compensation you may be able to recover. Insurance policies vary widely in their coverage limits, and a lawyer can help you navigate this aspect of your claim. They can obtain information about the other driver’s insurance policy and advise you on the best course of action based on the coverage available. If the at-fault driver is underinsured or uninsured, an attorney can assist in exploring alternative avenues for compensation, such as making a claim under your own insurance policy’s uninsured/underinsured motorist coverage. Without a lawyer, you might not fully understand the complexities of insurance policies and risk settling for less than the available coverage. Experience Dealing with Insurance Companies Insurance companies are businesses that aim to minimize payouts to protect their bottom line. They employ experienced adjusters and lawyers who handle claims daily, often putting you at a disadvantage if you choose to negotiate on your own. A good lawyer, on the other hand, has extensive experience dealing with insurance companies and knows the tactics they use to reduce or deny claims. An attorney can handle all communications with the insurance company, ensuring that your rights are protected and that you are not taken advantage of. They can also negotiate on your behalf to secure a fair settlement, leveraging their knowledge and experience to counter the insurance company’s strategies effectively. Experience Valuing Personal Injury Claims Valuing a personal injury claim involves more than just adding up medical bills and lost wages. It requires an understanding of various factors, such as the severity and permanence of injuries, the impact on your quality of life, and potential future medical expenses and lost income. A lawyer with experience in personal injury law can accurately assess the value of your claim, ensuring that you seek appropriate compensation. Without this expertise, you may undervalue your claim and accept a settlement that does not fully cover your losses. A lawyer can work with medical professionals, economists, and other experts to build a comprehensive picture of your damages, providing a strong basis for negotiation or litigation. No Out-of-Pocket Costs One of the most significant advantages of hiring a lawyer after a car accident is the contingency fee structure. Most personal injury lawyers work on a contingency basis, meaning they only get paid if you win your case. This arrangement aligns the lawyer’s interests with yours, as they are motivated to secure the best possible outcome for you. The contingency fee structure also makes legal representation accessible to those who might not afford it otherwise. You do not have to worry about upfront legal fees or hourly rates, and you can focus on recovering from your injuries while your lawyer handles your case. If the lawyer does not win your case, you typically owe nothing for their services, minimizing your financial risk. Conclusion Hiring a lawyer after a car accident can significantly impact the outcome of your claim. From proving fault and understanding insurance coverage to dealing with insurance companies and accurately valuing your personal injury claim, a lawyer’s expertise can be invaluable. The contingency fee structure further makes legal representation accessible and aligns the lawyer’s incentives with your best interests. While it may be tempting to try to handle a car accident claim on your own, the complexities and challenges involved often necessitate professional legal assistance. By hiring a lawyer, you can ensure that your rights are protected, and you receive the compensation you deserve, allowing you to focus on your recovery and move forward with your life. If you would like to find out if a lawyer will be able to help with your accident claim, give us a call at (225) 725-6000 or click here to contact us. The consultation is free and we only get paid if you win your case.

Personal Injury

Key Things to Consider When Hiring a Baton Rouge Injury Attorney

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When faced with a personal injury, whether from a car accident, workplace incident, or medical malpractice, finding the right attorney can be a daunting task. The legal landscape can be complex and intimidating for those unfamiliar with it. To help navigate this crucial decision, it’s important to understand the key questions consumers typically ask when seeking an injury attorney, as well as additional factors to consider in the selection process. What is your experience with cases like mine? This is often the first and most critical question potential clients ask. Experience matters significantly in personal injury law, as each type of case comes with its own set of challenges, legal complexities, and strategies. Consumers want to know if the attorney has successfully handled similar cases in the past. This isn’t just about the number of years in practice, but rather the depth of experience in the specific area of injury law relevant to their case. For instance, a lawyer who primarily deals with car accidents may not be the best choice for a complex medical malpractice case. When asking this question, consumers should look for concrete examples and outcomes. How many similar cases has the attorney handled? What were the results? Can they provide proof of results? When was the last time the attorney actually tried a case in court? An experienced attorney should be able to discuss their track record openly while still maintaining the confidently of past clients. Moreover, this question helps gauge the attorney’s familiarity with the local legal landscape. Knowledge of local courts, judges, and opposing counsel can be invaluable in navigating a case efficiently and effectively. How much will your services cost? Legal fees are a significant concern for most consumers, especially those who may be facing financial strain due to their injury. Understanding the cost structure upfront is crucial for making an informed decision and avoiding surprises down the line. Many personal injury attorneys work on a contingency fee basis, meaning they only get paid if they win the case, typically taking a percentage of the settlement or award. This arrangement can be beneficial for clients who may not have the means to pay upfront legal fees. When discussing costs, consumers should ask about: The percentage the attorney will take if the case is successful Whether this percentage changes if the case goes to trial Any additional costs or expenses they might be responsible for (e.g., court filing fees, expert witness fees) How costs are handled if the case is unsuccessful It’s also important to understand if there are any alternative fee arrangements available, such as flat fees for certain services or hourly rates for specific tasks. What is the likely outcome of my case? While no ethical attorney can guarantee a specific outcome, consumers naturally want to understand the potential of their case. This question seeks an honest assessment of the case’s strengths and weaknesses, as well as a realistic expectation of potential compensation. A good attorney should be able to provide a balanced view, explaining: The legal merits of the case Potential challenges or obstacles Comparable outcomes in similar cases Factors that could influence the compensation amount The likelihood of settling out of court versus going to trial This discussion should also include an estimated timeline for the case, helping the client understand the process ahead and set realistic expectations. Beyond these top three questions, there are several other important factors consumers should consider when selecting an injury attorney: How will communication be handled? Clear and consistent communication is crucial in any legal case. Consumers should ask about the attorney’s communication style and availability. Will they be able to speak directly with the attorney, or will most communication go through paralegals or assistants? How quickly can they expect responses to their questions? What’s the preferred method of communication (phone, email, in-person meetings)? What is your approach to handling cases? Understanding an attorney’s general strategy can give insight into how they might handle your case. Do they prefer to settle quickly, or are they prepared to go to trial if necessary? How do they approach negotiations with insurance companies? What resources do they have at their disposal for investigation and expert testimony? Who will be working on my case? In a law firm, multiple people may work on a single case. Consumers should understand who will be handling various aspects of their case and the experience level of each team member. What is your workload like? An attorney’s current caseload can affect how much attention they can dedicate to a new case. While busy attorneys are often successful ones, consumers should ensure their case won’t get lost in the shuffle. Can you provide references? Attorneys are required to keep some information confidential and typically keep the identity of their past clients confidential. However, you can often gain insight into how other clients have viewed the attorney by reading online reviews. If someone you know referred you to the attorney, you should definitely ask that person about their experience with the attorney. What professional organizations do you belong to? Membership in professional organizations can indicate an attorney’s commitment to staying current with legal developments and maintaining high ethical standards. While nearly every attorney is a member of a state or local bar association, good injury attorneys are often involved in other legal associations such as the American Association for Justice or similar state associations. You want to hire an attorney who is continuously improving their skills both in and out of the courtroom. What happens if we disagree during the case? Understanding how potential conflicts are handled can prevent misunderstandings later. This includes knowing the process for terminating the attorney-client relationship if necessary. Conclusion Choosing the right injury attorney is a critical decision that can significantly impact the outcome of a case. By asking these key questions and considering these additional factors, consumers can make a more informed choice and increase their chances of a successful outcome. Remember, the initial consultation is not

Personal Injury

Should I Hire a Personal Injury Attorney?

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When you’re involved in an accident and suffer injuries due to someone else’s negligence, one of the first questions that might cross your mind is whether you should hire a personal injury attorney. Navigating the aftermath of an accident can be overwhelming, and deciding to seek legal help is a critical step in ensuring you receive the compensation you deserve. Here’s why hiring a personal injury attorney can be a wise decision. Expertise and Guidance Personal injury law is complex and varies by state. An experienced personal injury attorney provides valuable guidance through this intricate legal landscape. They understand the nuances of the law and can help you build a strong case. From gathering evidence to negotiating with insurance companies, a lawyer’s expertise can significantly impact the outcome of your claim. For instance, an attorney can help you understand the statute of limitations for filing a claim in your state, the types of damages you may be entitled to (such as medical expenses, lost wages, and pain and suffering), and the legal standards for proving negligence. This guidance ensures that you take the right steps at the right times, avoiding costly mistakes that could jeopardize your claim. Insurance Companies Have Lawyers It’s important to remember that insurance companies are businesses focused on minimizing their costs and maximizing their profits. When you file a claim, the insurance company will have experienced adjusters and lawyers working to protect their interests. Without legal representation, you’re at a significant disadvantage. Insurance adjusters are trained to minimize payouts and may use tactics such as offering quick, lowball settlements or trying to get you to admit fault. An experienced personal injury attorney knows these tactics and can counter them effectively. They can handle communications with the insurance company on your behalf, ensuring that your rights are protected and that you don’t inadvertently say something that could harm your case. Better Compensation Outcomes Statistics consistently show that individuals who hire personal injury attorneys tend to receive higher settlements than those who try to handle their case alone. An attorney’s experience in negotiating with insurance companies and their understanding of the value of different types of claims play a significant role in this. For example, a skilled attorney can accurately calculate the full extent of your damages, including future medical expenses and lost earning potential, which you might overlook on your own. They can also present compelling evidence and arguments to demonstrate the severity of your injuries and the impact on your life, which can lead to a higher settlement. An experienced injury attorney will know what other people with similar injuries have received and can let you know if a settlement is fair. Moreover, if the insurance company refuses to offer a fair settlement, an attorney can take your case to court. The threat of litigation often motivates insurance companies to settle claims more favorably to avoid the costs and risks associated with a trial. Peace of Mind Dealing with the aftermath of an accident is stressful. There are medical appointments, bills, potential time off work, and the emotional toll of dealing with pain and trauma. On top of this, trying to navigate a personal injury claim can be overwhelming. Hiring a personal injury attorney provides peace of mind. Knowing that a professional is handling the legal aspects of your case allows you to focus on your recovery. Your attorney will manage the paperwork, deadlines, and negotiations, keeping you informed about the progress of your case and advising you on important decisions. Additionally, having someone on your side who is dedicated to advocating for your best interests can alleviate some of the emotional burden. Your attorney can provide reassurance, answer your questions, and offer support throughout the process, which can be incredibly comforting during a difficult time. No Upfront Costs One concern many people have about hiring a personal injury attorney is the cost. However, most personal injury lawyers work on a contingency fee basis. This means they only get paid if you win your case. Their fee is typically a percentage of the settlement or award you receive. Personal injury attorneys also usually advance the expenses for things like court costs or expert witness fees meaning you don’t have to come out-of-pocket to fight your case. This arrangement makes it financially feasible for anyone to hire an attorney, regardless of their financial situation. It also aligns the attorney’s interests with yours—they are motivated to secure the highest possible compensation for you because their payment depends on it. Conclusion Deciding whether to hire a personal injury attorney is a critical choice that can significantly impact the outcome of your case. An experienced attorney provides valuable expertise and guidance, levels the playing field against insurance companies, and can help secure a higher settlement. Moreover, the peace of mind that comes from having a professional handle your claim allows you to focus on what matters most: your recovery. If you’re unsure whether you need an attorney, consider giving us a call at (225) 725-6000 to schedule a free consultation with an experienced personal injury lawyer. You can also click here to contact us. Remember, the stakes are high, and having a dedicated advocate on your side can make all the difference in achieving the justice and compensation you deserve.

Personal Injury

What Are the Most Common Types of Personal Injury Cases?

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Personal injury law encompasses a wide array of situations where individuals are harmed due to the negligence or wrongful actions of others. These cases can be complex, involving various factors and legal considerations. Here, we explore some of the most common types of personal injury cases, providing a closer look at the circumstances and legal intricacies involved in each. Car Accidents Car accidents are perhaps the most frequent type of personal injury case. Car wreck claims can range from minor fender-benders to catastrophic collisions. The causes of car accidents are diverse, including distracted driving, speeding, drunk driving, and poor road conditions. In personal injury cases arising from car accidents, the injured party typically needs to prove that the other driver was negligent. This involves demonstrating that the driver owed a duty of care, breached that duty, and caused the injury as a result. Evidence such as police reports, witness statements, and medical records plays a crucial role in these cases. Insurance companies are often heavily involved in car accident claims, and negotiating with them can be challenging. An experienced personal injury attorney can help navigate these negotiations, ensuring fair compensation for medical expenses, lost wages, and pain and suffering. Trucking Accidents Trucking accidents, involving large commercial vehicles, often result in severe injuries or fatalities due to the sheer size and weight of the trucks. Truck wreck cases are more complex than typical car accidents because they involve multiple parties, such as the truck driver, trucking company, and potentially even the manufacturer of the truck or its parts. They are also usually defended by experienced insurance defense companies who are trying to limit how much the injured person can recover. Federal regulations govern the trucking industry, and violations of these regulations can be a significant factor in personal injury claims. For example, truck drivers have strict limits on the number of hours they can drive without rest. Failure to adhere to these regulations can be used as evidence of negligence. Investigating trucking accidents often requires a thorough examination of logbooks, maintenance records, and the truck’s black box data. These cases also frequently involve expert witnesses to reconstruct the accident and determine liability. Work Injuries Work injuries, or workplace accidents, can occur in any profession, though some industries are more hazardous than others. Common causes include falls, equipment malfunctions, and exposure to harmful substances. Workers’ compensation in Louisiana is a no-fault system designed to provide benefits to injured workers without the need for litigation. However, there are circumstances where an injured worker might file a personal injury lawsuit instead of, or in addition to, a workers’ compensation claim. This typically happens when the employer refuses to pay the claim or a third party, not the employer, is responsible for the injury. For example, if a worker is injured by a defective piece of machinery, they might have a product liability claim against the manufacturer of the equipment. Work injury cases require a detailed understanding of both workers’ compensation laws and personal injury law to effectively pursue all available avenues for compensation. Maritime Accidents Maritime accidents involve injuries that occur on navigable waters, including oceans, rivers, and lakes. These cases are governed by maritime law, also known as admiralty law, which differs significantly from standard personal injury law. Common maritime injury cases include those involving commercial fishing accidents, offshore oil rig injuries, and cruise ship incidents. The Jones Act is a critical piece of legislation in maritime law, allowing seamen who are injured due to their employer’s negligence to seek damages. Maritime cases can be highly complex, involving intricate details of federal maritime statutes and international laws. Due to the unique nature of these cases, it is essential to have a lawyer experienced in maritime law to navigate the specific legal requirements and ensure proper compensation. Wrongful Death Claims Wrongful death claims arise when a person dies due to the negligence or wrongful actions of another. These cases are brought by the deceased person’s estate or surviving family members and aim to compensate for the losses suffered due to the death and any pain or suffering experienced before the death. Common scenarios leading to wrongful death claims include fatal car accidents, medical malpractice, and workplace accidents. To succeed in a wrongful death claim, the plaintiff must prove that the defendant’s actions directly caused the death and that the survivors have suffered financially as a result. Damages in wrongful death cases can include funeral expenses, loss of income, loss of companionship, and emotional distress. These cases are particularly sensitive, requiring compassionate yet assertive legal representation to address the complex emotional and financial aspects involved. Premises Liability Claims Premises liability claims involve injuries that occur on someone else’s property due to unsafe conditions. Common examples include slip and fall accidents, dog bites, and injuries from falling objects. Property owners have a legal duty to maintain a safe environment for visitors. When they fail to do so, and someone is injured as a result, the injured party can file a premises liability claim. These cases hinge on proving that the property owner knew or should have known about the hazardous condition and failed to rectify it. The injured party also has to prove that the hazard was not so obvious that they should have known to avoid it. Evidence in premises liability cases often includes photographs of the accident scene, video from store cameras, maintenance records, and witness testimonies. An experienced attorney can help establish the property owner’s negligence and secure compensation for medical expenses, lost wages, and other related costs. Defective Product Claims Defective product claims, or product liability cases, arise when a person is injured by a faulty product. These cases can involve a wide range of products, from household appliances to automobiles to pharmaceuticals. There are three main types of product defects: design defects, manufacturing defects, and marketing defects (failure to warn). To succeed in a product liability claim, the plaintiff must prove that the product was defective and that the defect

Personal Injury

The Influence Of Truck Collisions On Highway Security

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Truck accidents are a significant concern in road safety due to their severe consequences. The size and weight of trucks mean that collisions often result in more extensive damage and higher fatality rates compared to accidents involving smaller vehicles. Below, our friends at Cohen & Cohen discuss the impact of truck accidents on road safety and the importance of developing effective strategies to prevent these incidents and improve overall traffic safety. Truck accidents, while less frequent than car accidents, tend to be more deadly. According to the Federal Motor Carrier Safety Administration (FMCSA), large trucks are involved in approximately 10% of all fatal crashes in the United States. In 2020, there were over 4,000 fatalities resulting from truck accidents, a number that has been steadily increasing over the past decade. This upward trend highlights the urgent need for targeted interventions. Seeking advice from a truck accident lawyer can assist individuals in understanding their rights and ensuring they receive the necessary compensation and support during a difficult period. Common Causes of Truck Accidents Several factors contribute to the high incidence of truck accidents. One major cause is driver fatigue. Truck drivers often work long hours under strict deadlines, leading to exhaustion and reduced reaction times. The FMCSA’s Hours of Service regulations aim to mitigate this by limiting the number of hours a driver can be on the road, but compliance is not always consistent. Distracted driving is another significant factor. The prevalence of smartphones and in-cab technologies can divert a driver’s attention away from the road. Additionally, mechanical failures, such as brake or tire malfunctions, can lead to catastrophic accidents. Regular maintenance checks are essential but sometimes overlooked due to time and financial pressures. The Cascade Effect on Road Safety The impact of truck accidents extends beyond the immediate victims. These incidents often cause major traffic disruptions, leading to secondary accidents and prolonged congestion. Emergency services and law enforcement are stretched thin during such events, which can delay response times to other incidents. The psychological impact on survivors and witnesses can be profound. Individuals involved in or who have witnessed a severe truck accident may experience long-term trauma, affecting their driving behavior and overall sense of safety on the road. Economic Costs The economic repercussions of truck accidents are substantial. Direct costs include medical expenses, vehicle repairs, and legal fees. Indirect costs, such as lost productivity and increased insurance premiums, also add up. The National Highway Traffic Safety Administration (NHTSA) estimates that motor vehicle crashes cost the U.S. economy over $800 billion annually, with truck accidents representing a significant portion of this figure. We can work towards a safer transportation system by implementing comprehensive safety measures. The combined efforts of policymakers, industry stakeholders, and the public are essential to achieving this goal. If you’ve been injured in an accident with a commercial motor vehicle, we are here to help. If you’d like to schedule a free consultation, give us a call at (225) 725-6000 or contact us here.

Personal Injury

How Medical Bills Get Paid After a Car Accident.

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Car accidents are stressful events that can lead to significant physical injuries and financial burdens. One of the most pressing concerns following an accident is how to handle medical bills. Understanding the different ways to pay for medical expenses can alleviate some of the stress and ensure that you receive the necessary care without unnecessary financial strain. In this blog, we will explore the various options available to pay medical bills after a car accident, including using your health insurance, benefits through your car insurance, the other driver’s insurance, and assistance from your attorney. Using Your Own Health Insurance One of the first resources to consider when dealing with medical expenses after a car accident is your own health insurance. Health insurance can cover a wide range of medical costs, including emergency room visits, surgeries, medications, physical therapy, and follow-up appointments. Here’s how it typically works: Initial Coverage: When you receive medical treatment, your health insurance provider will cover the costs as they would for any other medical condition. You may need to pay a deductible, co-payment, or co-insurance, depending on your policy. Subrogation: After your health insurance pays for your medical bills, they may seek reimbursement from the at-fault driver’s insurance company. This process is known as subrogation. Essentially, your insurer will attempt to recover the costs they incurred on your behalf. Using your health insurance ensures that you receive immediate medical care without waiting for the resolution of your car accident case. However, it’s important to keep track of all medical expenses and communicate with your insurance provider about the accident to ensure proper documentation and processing. Using Benefits Through Your Own Car Insurance In addition to health insurance, your own car insurance policy may offer benefits to cover medical expenses. Two common types of coverage include Medical Payments (MedPay) and Personal Injury Protection (PIP). Medical Payments (MedPay): MedPay is an optional coverage that pays for medical expenses for you and your passengers, regardless of who is at fault in the accident. This coverage can help with immediate medical costs such as ambulance fees, hospital bills, and doctor visits. MedPay typically has a limit, and once it’s exhausted, you would need to rely on other forms of insurance. Personal Injury Protection (PIP): PIP is similar to MedPay but offers broader coverage. It not only covers medical expenses but may also include lost wages, rehabilitation costs, and even funeral expenses in the event of a fatality. PIP is mandatory in some states and optional in others. PIP is not mandatory in Louisiana. Like MedPay, PIP coverage is available regardless of fault and can provide quick access to funds for medical care. Using MedPay or PIP can be particularly beneficial because it provides immediate financial support for medical expenses, helping you avoid out-of-pocket costs while awaiting the resolution of your claim. The Other Driver’s Insurance If the other driver was at fault in the accident, their insurance company is ultimately responsible for covering your medical expenses. However, there are important considerations to keep in mind: Liability and Settlement: The other driver’s insurance company will investigate the accident to determine liability. If they agree that their policyholder was at fault, they will cover your medical expenses, up to the policy limits. However, this process can take time, as it may involve negotiations and even legal proceedings. Delay in Payment: One of the significant drawbacks of relying on the other driver’s insurance is the potential delay in receiving payment. The insurance company will not pay for medical bills until the case is resolved, which can take months or even years. In the meantime, you may need to find other ways to cover your medical expenses. It’s important to document all medical treatments and expenses related to the accident and work closely with your attorney to ensure that you receive fair compensation from the at-fault driver’s insurance company. Your Attorney May Be Able to Help Pay Your Medical Bills Hiring an attorney can be a crucial step in navigating the complexities of a car accident case, particularly when it comes to medical bills. An experienced attorney can provide several forms of assistance: Medical Liens: Your attorney may be able to arrange for a medical lien with your healthcare providers. A medical lien is an agreement where the provider agrees to treat you and wait for payment until your case is settled. This allows you to receive necessary medical care without immediate out-of-pocket costs. Negotiations: Attorneys can negotiate with medical providers and insurance companies on your behalf to reduce the amount you owe or to secure better terms for payment. They can also help you navigate the subrogation process with your health insurance provider. Settlement Advances: In some cases, your attorney may be able to secure a settlement advance, which is a portion of your expected settlement paid to you upfront. This can provide immediate funds to cover medical expenses and other financial needs while your case is pending. Conclusion Dealing with medical bills after a car accident can be overwhelming, but understanding your options can help you manage the financial burden effectively. Using your health insurance, benefits through your car insurance, the at-fault driver’s insurance, and seeking assistance from an attorney are all viable strategies to ensure that your medical expenses are covered. Each option has its own advantages and considerations, so it’s important to evaluate your specific situation and choose the best approach for your needs. By staying informed and proactive, you can focus on your recovery and move forward with confidence. If you still have questions about getting your medical bills paid after a car accident in Baton Rouge, give us a call at (225) 725-6000 or click here to contact us.

Personal Injury

What Causes Accidents in Retail Stores?

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You enter retail stores to purchase groceries, buy things you need for around the home, and maybe even a little treat for yourself. When entering these businesses, you never expect to become injured while there. Unfortunately, accidents happen in these spaces all too often and when they do, people become seriously injured. Retail store owners and other business owners owe you the highest duty of care to make sure you will stay safe while on their premises. When they fail to meet this duty and a negligent act causes you to become hurt, you can file a claim against the property or store owner under Louisiana’s premises liability laws. Below, our Baton Rouge premises liability lawyer explains the most common causes of these accidents. Wet and Slippery Floors Perhaps the most common cause of accidents in retail stores is floors that are wet and slippery. Spills frequently happen in grocery stores, or employees may mop a floor and not place out signage warning customers of slippery conditions. Additionally, entryways may become wet and slippery during periods of heavy rain. Property owners should always try to keep their floors dry and clean, and warn customers when they are unable to do so. Slip and Fall Accidents It is not only wet and slippery floors that cause slip and falls. Cluttered floors, uneven floors, torn carpeting, loose floorboards, unsecured wires and cords, and more can all result in a slip and fall accident in a retail store. These spaces are often not carpeted, which can result in traumatic brain injuries and more if a customer hits their head on the floor during the fall. Falling Merchandise Falling merchandise is another very common cause of accidents in retail spaces. Employees may stack merchandise too high, causing it to topple and fall onto customers, often resulting in head and traumatic brain injuries. Or, shelves may be faulty and unable to hold merchandise loaded onto them. Lastly, mannequins and other display items may also fall onto a customer and cause an accident. Insufficient Lighting Lighting is of critical importance in any space. When a retail store is not properly lit, customers may not see obstacles in their way and trip over them. Insufficient lighting, particularly in areas such as parking lots, can also result in assaults and other criminal activity. Property owners have a duty to ensure their premises have enough lighting to keep everyone safe. When they fail to do so, they are considered negligent and can be held liable for any accident or criminal act that occurs. Inadequate Security Insufficient lighting is one example of inadequate security, but there are others, too. For example, if a property does not have proper video footage surveillance or security personnel, they may be found negligent for a criminal activity that occurs on their property. This is particularly true if there has been criminal activity at the location in the past, and if the owner knew about it. Improper Lifting and Handling Retail stores often carry merchandise that is very heavy. For example, an electronics store may sell a 75” television that weighs more than 100 pounds. Staff members in the store should be ready to assist customers with these heavy purchases and should know how to handle them properly so no one becomes hurt. Malfunctioning Shopping Carts Customers use shopping carts regularly and again, they never expect them to be defective or malfunction. Unfortunately, this can happen. Wheels on shopping carts can be defective or missing, which can cause the cart to become unstable and result in the customer losing control of it. This can cause them to become hurt during the process, or the cart may crash into another customer, hurting them in the process. Obstructions in Aisles Most retail stores have aisles dividing the merchandise into different categories. As customers walk up and down these aisles, it is critical that they are free of obstructions. If they are not, customers may run into them and trip, resulting in a fall. Obstructed aisles are particularly dangerous when a customer is pushing a shopping cart, as they may not be able to see obstacles in front of them. Our Personal Injury Lawyers in Baton Rouge Can Help After an Accident If you have been hurt in a retail store, it is important that you speak to our Baton Rouge personal injury lawyers today. At Big River Trial Attorneys, our experienced attorneys can determine what caused your accident and who is liable so you obtain the full and fair damages you deserve. Call us now at (225) 963-9638 or contact us online to schedule a free consultation and to get more information.

Personal Injury

Who is Liable After an Uber Accident?

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Ridesharing services such as Uber have become popular in Baton Rouge, and it is easy to understand why. Uber is relatively affordable and the company offers a convenient service to passengers with or without their own vehicle. Unfortunately, Uber drivers can become involved in a crash just like any other. While the aftermath of any accident is confusing, this is even truer after an Uber accident. Below, our Baton Rouge car accident lawyer explains the compensation you may be entitled to after a crash. What Insurance Policy Applies After an Uber Accident? As an Uber passenger, you are never at fault for a crash. If another driver was at fault, you can file a claim directly against them. Under state law, all motorists are required to carry a minimum of $15,000 for bodily injury to one person, $30,000 for bodily injury in the entire accident, and $25,000 in property damage. Uber drivers are also expected to carry personal auto insurance. If you are hurt in a crash caused by the Uber driver’s negligence, there are many scenarios that may apply. If you are another driver and the Uber driver was not logged into the app or on their way to pick up a passenger, you can only file a claim with their personal insurance provider. If the driver was logged into the app but was not yet carrying a passenger, Uber offers up to $50,000 in liability coverage.  If you were an Uber passenger and the driver’s negligence caused a crash that resulted in serious injuries, Uber provides up to $1 million in liability coverage. To avoid paying the full compensation you need, Uber will aggressively defend against these claims. Often, they argue that their driver was not logged into the app and so, they carry no liability for the crash. Proving Uber’s Negligence When filing a claim against Uber, you must prove that the company was negligent and that their carelessness caused the crash. A few common acts of negligence on Uber’s part are as follows: Fail to screen and train drivers: Uber has a responsibility to make sure drivers meet basic qualifications and that they are sufficiently trained. If Uber fails to conduct a proper background check, provide inadequate training, or hire drivers who are not qualified, the company can be found liable for a crash. Unsafe vehicles: Uber facilitates ridesharing services and so, they must ensure that any vehicles used to transport passengers are safe. If a crash occurs due to bald tires, faulty brakes, or another issue that regular maintenance would have detected, Uber can be held liable. Insufficient oversight: Uber also has a legal duty to oversee its drivers and when necessary, take corrective action against them. For example, if an Uber driver regularly violates traffic laws, or customers complain about them, the company must take the necessary action. When they do not, Uber can be held liable for an accident that could have been prevented. What to Do After an Uber Accident Again, the aftermath of a crash involving an Uber driver is very complex. However, the steps you take immediately following the accident can greatly help your claim. The most important things to do after an Uber accident are as follows: Report the accident: State law requires you to report any crash that results in injury, death, or excessive property damage. Still, you should call the police after any crash so they can visit the scene, and write and file a report that may indicate who was at fault. After an Uber accident, you should also report the crash to the company as soon as policy to ensure the generous insurance benefits will apply to your case.  Collect evidence: Take your own notes about the accident and how it happened. Doing this immediately after the crash will ensure that your memory is fresh and you still remember exactly what occurred. Also take pictures of the accident scene, your injuries, damage to the vehicles involved, and any other relevant information. Gather information: You will need to collect information from multiple parties at the scene. Ask the Uber driver and other motorists involved for their name, contact information, and insurance details. Also, locate any eyewitnesses and ask them for their name and contact information so your lawyer can contact them in the future. Seek medical attention: Even if you do not think you were hurt, you should always seek medical attention after an Uber accident. Certain injuries, such as whiplash, do not always show symptoms right away. A doctor can examine you and identify any injuries you incurred so you can receive treatment for them. Also, if you do not seek medical attention, the insurer will argue that you were not as hurt as you claim because you did not see a doctor. Do not speak to the insurance company: In the hours and days following an Uber accident, you may be contacted by an insurance company. The adjuster will act friendly and as though they want to help, but that is not the case. Instead, they will use many tactics and strategies to reduce their liability and ultimately, the damages they will have to pay.  Contact a lawyer: You should always contact a lawyer after any Uber accident. An attorney can help you make sense of what happened, prepare a strong claim that will ensure you receive a fair settlement, and communicate with the insurer on your behalf. Our Car Accident Lawyer in Baton Rouge Can Help After a Crash Uber is a very convenient service, but accidents do happen. If you have been hurt, you are likely very confused about what to do next and how to protect your rights. At Big River Trial Attorneys, our Baton Rouge car accident lawyer can handle the legal details of your case so you have the best chance of obtaining the maximum settlement you deserve. Call us today at (225) 963-9638 or fill out our online form to schedule a free consultation with our attorney

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