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Personal Injury

Louisiana’s New Two-Year Prescriptive Period for Car Accident Claims: What It Means for You

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If you’re involved in a car accident in Louisiana, starting July 1, 2024, there will be a significant change to the time limits within which you can file a lawsuit. Previously, Louisiana had a one-year prescriptive period (similar to what other states call a “statute of limitations”) for car accident claims, requiring plaintiffs to file within that period or lose their right to seek compensation. However, recent legislation has extended this time limit to two years, but only for accidents involving movable vehicles. Here’s an in-depth look at the change, its implications, and what you need to know. 1. Understanding Louisiana’s Prescriptive Period In legal terms, a “prescriptive period” is the amount of time within which you must bring a lawsuit after an event, such as a car accident. After this period expires, the injured party generally loses the right to file a claim, even if they have a valid case. Louisiana’s prescriptive period for personal injury claims has traditionally been one of the shortest in the nation, set at one year. This change reflects a significant shift in policy and aligns Louisiana with more states that use a two-year period for personal injury and car accident claims. 2. What Is Changing and When? The new law extends the prescriptive period from one year to two years, but only for specific car accident claims involving a “movable” object, which generally refers to vehicles and other movable objects on the road. The change applies solely to accidents occurring after July 1, 2024. For other types of injury claims unrelated to car accidents involving movables, the one-year prescriptive period remains unchanged. This means that while car accident claimants now have additional time to file lawsuits, people involved in other personal injury cases (like slip-and-fall incidents or medical malpractice cases) must still adhere to the shorter one-year period. 3. What Counts as a Movable? Louisiana’s legal definition of “movable” includes anything that is not permanently affixed to the ground. For this new prescriptive period law, a “movable” primarily refers to vehicles like cars, trucks, motorcycles, and other types of motor vehicles involved in an accident. Therefore, if you are in an accident with another vehicle or even a mobile trailer, this two-year period applies. However, if you are involved in a collision with something deemed “immovable” under Louisiana law—like a building or other permanent structure—this extension does not apply, and the one-year period would still be enforced. The nuance here is crucial for those interpreting which prescriptive period applies, especially as Louisiana’s legal definitions can differ from other states. 4. Why This Change Matters: Key Implications Extended Time for Gathering Evidence The two-year extension can provide much-needed relief for victims who may not immediately realize the extent of their injuries, a situation that’s common in car accidents. Often, injuries like whiplash or concussions may not show symptoms right away. An extended prescriptive period allows individuals to seek medical treatment, thoroughly assess the impact of their injuries, and make a more informed decision about filing a lawsuit without feeling rushed. More Time for Negotiation and Settlement For both plaintiffs and insurance companies, a longer prescriptive period allows additional time to negotiate settlements without rushing to court. Insurance companies might be more inclined to settle if they know the claimant has ample time to file a lawsuit if negotiations fall through. This could reduce the caseload on Louisiana’s courts by resolving more cases out of court. Impact on Legal Strategy From a legal standpoint, the two-year period changes how attorneys approach car accident claims. Lawyers now have more time to investigate, consult with experts, gather comprehensive evidence, and build a strong case. This additional time could be beneficial in cases where liability is disputed or when multiple parties are involved. Potential Drawbacks of the Extension While the extension provides obvious benefits, there are some potential drawbacks. For instance, insurance companies might delay settlement offers, knowing that plaintiffs have more time to file a claim. Additionally, witnesses to the accident might forget important details over a longer period, and physical evidence could deteriorate, impacting the accuracy of testimonies and the reliability of evidence. 5. Filing a Claim: What You Need to Know Despite the change, it’s still recommended to act promptly after an accident. Here are steps to consider if you’re involved in an accident after July 1, 2024: Seek Immediate Medical Attention: Some injuries may not be apparent immediately but can have long-term effects. Getting a medical evaluation immediately helps document your injuries, which is crucial for your claim. Document Everything: Take photographs, gather witness contact information, and note all details surrounding the accident. These records will be vital as evidence should you decide to file a claim within the two-year period. Consult an Attorney Early: While the law allows two years, discussing your case with an attorney soon after the accident helps preserve evidence, build your case, and strategize for the best outcome. Be Aware of Insurance Deadlines: Even though the prescriptive period for lawsuits has been extended, insurance companies may still have shorter deadlines for reporting accidents or making claims under your policy. Check your policy and report the accident promptly. 6. How Does Louisiana’s New Law Compare to Other States? With this new law, Louisiana joins several states that have adopted a two-year statute of limitations for car accident claims. However, Louisiana’s approach is unique in its specificity—applying the extension only to car accidents involving movables. Most states do not differentiate based on the type of accident; they have a standard period for all personal injury claims, which typically ranges from two to three years. Louisiana’s move to retain a one-year period for non-car accident claims reflects its historical preference for shorter prescriptive periods. 7. What Happens to Existing Claims? The law only applies to accidents occurring on or after July 1, 2024. For those who have accidents before this date, the original one-year period still applies. This distinction is important for those currently in the process of filing a claim

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

A vase of dead roses.
Personal Injury

FAQs About Wrongful Death in Baton Rouge

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

Car with front-end damage.
Personal Injury

Can an insurance company put used or aftermarket parts on your car?

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When your vehicle is damaged in an accident, you expect an insurance company to restore it to its pre-accident condition. This might be your insurance company of the insurance company for another driver who caused the damage. However, in Louisiana, insurers are permitted to use aftermarket or used parts (known as “like kind and quality” parts) instead of original equipment manufacturer (OEM) parts when repairing your vehicle, as long as they are equal in terms of fit, quality, performance, and warranty. This practice, while cost-effective for insurance companies, has raised concerns among vehicle owners regarding the quality and safety of non-OEM parts, as well as the potential impact on a vehicle’s value after repairs. However, before an insurance company can put used or aftermarket parts on your car, it has to notify you in writing. The Law on Aftermarket Parts in Louisiana The law controlling the use of aftermarket parts begins at Louisiana Revised Statute 55:2421. This is what you need to know: “Aftermarket crash part” means a replacement for any nonmechanical parts such as inner and outer panels. “Nonoriginal equipment manufacturer (non-OEM) aftermarket crash part” means aftermarket crash parts not made for or by the manufacturer of the motor vehicle. When non-OEM aftermarket crash parts are used in a vehicle repair, the written estimate has to identify each part and the following disclosure has to be provided to you: “This estimate has been prepared based on the use of crash parts supplied by a source other than the manufacturer of your motor vehicle.  Warranties applicable to these replacement parts are provided by the manufacturer or distributor of these parts rather than the manufacturer of your vehicle.” While Louisiana law allows insurance companies to use aftermarket parts, it does not mean vehicle owners do not have rights. Vehicle Owner Options If not satisfied with aftermarket/used parts for repairs, owners have options: Request OEM Parts: You have the right to request the body shop to use OEM parts and to refuse to allow the body shop to install aftermarket parts on your vehicle. However, you will likely have to pay out-of-pocket for the difference in price between the OEM part and the aftermarket part. Negotiate a Settlement: The insurance company may be willing to consider paying the additional price for some OEM parts. This is something you will need to negotiate directly with the insurance company. Because the law allows the insurance company to use aftermarket parts, neither your attorney nor the body shop will typically be involved in these negotiations. File a Claim: if the insurance company has not given you the proper notice about the use of aftermarket parts, you can file a claim under Louisiana’s Unfair Trade Practices Act or file a claim with the Louisiana Department of Insurance. You may also have a claim against the insurance company for the decrease in the resell value of your vehicle based on the crash or the aftermarket parts. This known as a “diminished value claim.” Diminished Value Claims Louisiana law allows diminished value claims if a vehicle loses value due to an accident/repairs. To bring a claim against another driver’s insurance, you will need to show that if the vehicle were repaired to its pre-loss condition, its fair market value would be less than its value before it was damaged. If you are bringing a claim against your own insurance company, you will need to show that your insurance company has put you back into the same position you would have been in if your vehicle had not been damaged.  You will typically need to provide an appraisal or other documentation to support the decrease in value. Speak With an Attorney If your car has been damaged in an accident, an injury lawyer may be able to help you understand what rights you have. While injury lawyers usually do not make money on the property damage side of your case, because they deal with vehicle accident claims on a regular basis, they have often have experience in advising clients on how to best handle their property damage claims. At Big River Trial Attorneys we offer a free consultation in all auto accident injury cases. You can reach us by phone at (225) 963-9638 or click here to contact us about scheduling a time to talk.

Personal Injury

Understanding Wrongful Death Lawsuits in Louisiana

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Losing someone you love is one of the hardest things you will ever experience. When the death was caused by another person’s negligence, or carelessness, moving on is even more difficult and frustrating. Whether the death was caused by a car crash, an accident on someone else’s property, or a defective product, you can file a claim against the liable party. Like other personal injury claims, those involving wrongful death are governed by many laws. Below, our Baton Rouge wrongful death lawyer outlines what these are and how you can obtain the full compensation your family deserves. How Wrongful Death is Defined in Louisiana Louisiana law defines wrongful death as any death that is another person’s fault. Often, wrongful deaths are the result of someone else’s negligence, or carelessness. This is often true in car accident cases. On the other hand, wrongful death can also be caused by intentional acts, such as sexual assault or battery. Wrongful death cases involve claims that a person could have filed themselves if they had survived the incident. Due to the fact that they did not, certain loved ones can file a claim on their behalf. When a death was caused by a criminal act, the case is very different from a criminal proceeding. A criminal case will hold the at-fault party accountable to the state. The defendant may face certain criminal penalties, such as fines paid to the state and jail time. However, a criminal case will do nothing to compensate the family of the deceased. In order to obtain compensation, family members must file a wrongful death claim, which is a civil case. Additionally, during a criminal proceeding, the accused must be found guilty beyond a reasonable doubt. This is a high standard to meet. On the other hand, in a wrongful death claim, you must only show the defendant is liable by a preponderance of the evidence. This only means that you must show that it is more likely than not that the defendant caused the death. Who Can File a Wrongful Death Claim? Not everyone in Louisiana can file a wrongful death lawsuit. In order to be eligible to file a lawsuit, the plaintiff in the case must be a relative of the decedent. The order in which family members are given priority is as follows: The surviving spouse and children of the deceased, The surviving parents of the deceased, if there are no surviving spouses or children, The surviving siblings of the deceased, if there are no surviving parents, or The surviving grandparents of the deceased if there are no surviving siblings. Adopted relatives have just as much right to file a wrongful death lawsuit as blood relatives. However, if a parent has abandoned a child, they cannot later file a wrongful death claim to recover damages for the child’s death. Statute of Limitations in Wrongful Death Claims Like other personal injury cases, wrongful death claims have a statute of limitations of one year. Unlike in other personal injury cases, the statute of limitations starts on the date of the death and not the date of the accident that caused the death. The statute of limitations is a very strict law, and if you do not file your claim within that time, you will likely lose all right to obtain any compensation at all. Compensation Available in Wrongful Death Claims The damages that are available in wrongful death claims are meant to compensate family members for their losses related to the death. Economic damages are those that have an actual dollar value. The most common types of these damages include: Funeral and burial expenses Medical expenses Lost income and other employment benefits, and The value of childcare or household services the deceased provided. Non-economic damages are also available in wrongful death claims, but these do not have a concrete dollar value. The most common non-economic damages in wrongful death lawsuits include the grief and anguish of survivors and the loss of companionship, care, emotional support, and guidance loved ones suffer as a result of the loss. Our Wrongful Death Lawyer in Baton Rouge Can Help You Through this Difficult Time If you have lost someone you love, you need sound legal advice. At Big River Trial Attorneys, our Baton Rouge wrongful death lawyer can provide it and handle every detail of your claim so you and your family can focus on moving forward. Call us now at (225) 963-9638 or fill out our online form to schedule a free review of your case and to get the help you need.

Personal Injury

Steps to Take After a Car Accident in Baton Rouge

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After a car accident, you can file a claim against the person who caused your accident. Car accidents in Baton Rouge are governed by tort law, which means you must file a claim with the insurance company representing the at-fault party. The steps you take immediately after a crash can greatly help your claim, or they can hurt it. Below, our Baton Rouge car accident lawyer explains the steps that will help you successfully claim the damages you need to make a full recovery. Stop The very first thing to do after an accident is to stop at the scene of the crash. Stop and pull your vehicle over to a safe location so it does not cause a secondary accident. If you fail to stop, the police may charge you with a hit-and-run, which carries serious penalties. If the accident did not result in injury, you can face a fine of up to $500 and as many as six months in jail. After fleeing the scene of an accident that did cause injury or death, you may face a fine of up to $5,000 and up to 10 years in prison with or without hard labor, or both. Report the Crash Under Louisiana law, you are required to report a car accident that involves injury or death or property damage exceeding $500. One of the first things you should do after a crash is to report the accident. Not only will this keep you in compliance with the law, but it will also help document the accident and may even suggest which party was at fault. Take Pictures and Video Footage Photos can significantly help you prove that another driver is to blame for your injuries. You should take pictures of your injuries, any property damage to the vehicles, and the accident scene as a whole, as well as relevant information, such as a stop sign or skid marks on the road. Taking video of the accident scene can also help capture the entire accident scene and may help you obtain footage of something you did not notice right away but later becomes relevant. If your injuries prevent you from taking pictures or video, ask a bystander not involved in the crash to obtain this evidence for you. Locate Witnesses Eyewitness testimony is given significant weight after a crash in Louisiana. Witnesses do not have anything to gain or lose in a claim, so insurance companies and juries listen carefully to their testimony. Soon after the accident, locate anyone who saw the crash and ask them for their names and contact information. Also let them know that your attorney may contact them later to obtain their statement. Seek Medical Attention One of the most important steps after any auto accident is to seek medical attention. You should visit an emergency room immediately afterward or allow the paramedics at the scene to examine you, even if you do not believe you were injured. Many injuries do not present any symptoms right away, so seeking medical attention may uncover injuries you did not know you had. In addition to protecting your safety and well-being, seeking medical attention is very important for another reason, as well. Seeing a doctor soon after an accident will document your injuries, helping you to prove the nature and severity of them. If you do not seek medical attention, the insurance company representing the at-fault party will argue that you were not hurt because you did not obtain the necessary treatment. Call Your Insurance Company Many people think that if they are not at fault for a crash, they are not required to report the accident to their own insurance company. Unfortunately, this is not true. Most auto insurance policies include a provision requiring you to notify your insurer of any accident, even if you were not at fault. This notifies the insurer that the insurance company representing the negligent driver will contact them and start the claims process. If you fail to notify your insurance company after a crash, the insurer could cancel your policy. Call our Car Accident Lawyer in Baton Rouge At Big River Trial Attorneys, our Baton Rouge car accident lawyer has the necessary experience to help you through the claims process and ensure you receive the full and fair settlement you are entitled to. Before speaking with anyone else after a crash, call us at (225) 963-9638 or contact us online to request a free consultation and to get the legal help you need.

Personal Injury

Everything You Need to Know About Oil Refinery Accidents

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Every year, oil refinery accidents throughout the country cause catastrophic injuries and property damage. Workers in this industry have incredibly dangerous jobs, and they deserve to be protected by implemented safety measures designed to prevent anyone from becoming harmed. Our personal injury attorneys are dedicated to helping individuals who have been hurt on the job or who have lost a family member in one of the state’s many oil refinery accidents obtain the compensation they need for lost wages, medical expenses, and more. How Common are Oil Refinery Accidents in Louisiana? Sadly, oil refinery accidents in Louisiana are quite common. There was an explosion at Tenneco Oil in Chalmette in 1976 that killed 12 people and injured many others. More recently, in August of 2012, 60 tons of carbon monoxide and one ton of benzene were released at Motiva/Shell in Norco, and in 2014, an accident at ExxonMobil right here in Baton Rouge caused a contract worker to lose his legs. What Makes Oil Refinery Accidents Catastrophic? In many oil refineries, equipment needs to be replaced or repaired, malfunctioning machinery is not uncommon, and safety standards are not adhered to properly. These dangerous conditions can cause tragic accidents, such as devastating explosions. Toxic chemicals and heavy equipment can also cause severe injuries to workers. At the same time, flammable and hazardous materials are on the worksite, and complex equipment must also be used. This increases the likelihood that a catastrophic accident will occur and result in a number of injuries and deaths. Determining Liability for Oil Refinery Accidents Under Louisiana law, all oil refinery companies are required to carry workers’ compensation insurance to cover the lost income and medical expenses of injured employees. Unfortunately, contract workers are not usually covered by workers’ compensation. Additionally, when a third party, such as a manufacturer, delivery driver, or supplier, causes an accident, injured workers can file a third-party injury claim directly against them. It is always recommended that oil refinery workers hire an attorney who can help them determine who is liable, and advise on the full compensation workers are entitled to. Common Types of Oil Refinery Accidents Workers become injured in a number of different oil refinery accidents, including the following: Chemical spills and gas leaks: Workers can become burned or poisoned when fumes or toxic materials are emitted. Equipment that is improperly maintained or workers who are negligent can also cause these accidents. Fires and explosions: The risk of fires and explosions substantially increases when employees have to work with combustible materials, which are very common in oil refineries. Defective equipment and human error are the most common causes of fires, explosions, and other types of oil refinery accidents. Falls: Workers in oil refineries can slip on unstable or irregular surfaces, fall over broken railings, or trip on clutter or debris. These accidents can result in concussions, broken bones, and other injuries that prevent them from working for a long period of time. Crushing accidents: Workers in oil refineries are commonly around heavy equipment that can crush bystanders or operators when they are not handled properly or if they are defective. Common Oil Refinery Illnesses Contracted by Workers Hazardous chemicals and fumes can result in oil refinery workers contracting respiratory injuries and poisonings. The chemicals used in refineries are very dangerous, as they are highly toxic. Workers, as well as people who live near refineries, can all become hurt. Life-threatening injuries can result from exposure to noxious substances such as hydrofluoric acid, sulfuric acid, and ammonia. Explosions can happen when the wrong chemicals are combined. When exposure happens over the long term, even seemingly innocuous materials, such as methanol, can pose health hazards, as well. Some substances that are emitted by chemical plants, such as hydrogen sulfide, can be extremely toxic. Due to the fact that these chemicals are odorless, even at high concentrations, they can result in workers becoming poisoned. Refinery workers are regularly exposed to gas emissions due to the operations in the refinery, gas leaks, and fumes. Inhaling these chemicals can be catastrophic, and the most common injuries sustained are respiratory conditions. Our Oil and Gas Industry Accident Lawyers in Baton Rouge Can Help After Injury If you or someone you love has been hurt in an accident, you do have legal options. At Big River Trial Attorneys, our Baton Rouge oil and gas industry accident lawyers can explain what those are and help you and your family obtain the fair settlement 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

How Long Do You Have to File a Claim After a Commercial Vehicle Accident?

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After an accident involving a commercial vehicle, you have a lot on your mind. One thing you may not know or understand is that as soon as a crash occurs, a clock starts ticking. While you may be able to file a claim to recover compensation for your injuries, you only have a certain amount of time to do so. This time limit is known as the statute of limitations, and it is one of the most important laws that govern personal injury claims. If you do not file your claim within the statute of limitations, you will likely lose your right to claim any damages at all. Below, our Baton Rouge commercial vehicle accident lawyer explains more. Understanding the Statute of Limitations in Louisiana In Louisiana, the statute of limitations is just one year from the date of an accident. Many people think that one year is a long time, but that is not the case. You will need to contact an attorney who will conduct a thorough investigation to determine how the crash occurred. Your lawyer will also compile evidence that will strengthen your case and help ensure success in your case. You should also reach maximum medical improvement (MMI) before filing your claim. MMI refers to the fact that although your injuries will not get any worse, they also will not get any better. This is important to ensure that your claim includes the compensation you need now and any you will need in the future to fully recover from your injuries. All of this takes a great deal of time, so it is important to get legal advice as soon as possible after an accident with a commercial vehicle. Exceptions to the Statute of Limitations The statute of limitations in Baton Rouge and throughout Louisiana is very strict. In the majority of cases, the clock on the statute of limitations starts running the moment a crash occurs. However, there are times when the statute of limitations is tolled or delayed. These include when: The victim was a minor child: The statute of limitations does not apply in accident cases when the victim was a minor child. Children do not have the mental capacity to file a lawsuit, and the statute of limitations starts on the child’s 18th birthday. They then have until their 19th birthday to file a claim, regardless of how old they were when the crash occurred. Multiple negligent parties: If your commercial vehicle accident included other vehicles as well, you only have to file a claim against one of them before the statute of limitations expires. As such, if an investigation unearths additional evidence, victims can sue other parties in the future. The discovery rule: In some cases, it is fairly easy to determine the type and cause of injury you suffered. For example, you may have suffered a concussion during a commercial vehicle accident, but the injury does not show symptoms right away. In this case, the statute of limitations would not start until the date you discovered or should have discovered, the injury. The Statute of Limitations in Wrongful Death Claims It is not uncommon for commercial vehicle accidents to cause a wrongful death. Commercial vehicles such as 18-wheelers, tow trucks, and garbage trucks are very large and extremely heavy. As a result, they cause some of the most serious injuries. In certain cases, victims do not survive the crash. These are known as wrongful deaths. Wrongful death claims have the same one-year statute of limitations as other auto accident cases. The only difference is that the clock on the statute of limitations starts on the date of the death and not the date of the accident. The individuals who have a right to file a wrongful death claim in Louisiana are as follows: The spouse and adult children of the deceased, The parents of the deceased, if there are no surviving spouses or children, The siblings of the deceased, if there are no surviving parents, and The grandparents of the deceased, if there are no surviving siblings. Our Commercial Vehicle Accident Lawyer in Baton Rouge Can File Your Claim On Time If you or someone you love has been hurt in a commercial vehicle accident, you need sound legal advice. At Big River Trial Attorneys, our Baton Rouge commercial vehicle accident lawyer can provide it while helping you obtain the full and fair compensation you deserve. Call us now at (225) 963-9638 or contact us online to request a free consultation and to learn more about how we can help.

Personal Injury

How to Find the Best Industrial Accident Lawyer for Your Case

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The aftermath of an industrial accident is a confusing and stressful time. Serious slips and falls, overexertion, falling objects, and exposure to harmful chemicals are some of the most common types of industrial accidents. These accidents can cause severe injuries, including traumatic head injuries, broken bones, spinal cord damage, and amputations. If you have been hurt in an industrial accident, you do have legal options. You may be able to file a personal injury claim against a manufacturer or third party who caused your injury. Or, you may be able to file a workers’ compensation claim. A Baton Rouge industrial accident lawyer can help, but how do you find the one best for your case? Follow the tips below. Why Hire an Industrial Accident Lawyer? Again, the days, weeks, and months following an industrial accident are very difficult. You will suffer a great deal of pain due to your injuries, have medical bills piling up, and may not be able to return to work. Working with an industrial accident lawyer can reduce a great deal of the stress you are feeling and will ensure you receive the full settlement you deserve. Below are just a few reasons why you may want to hire an industrial accident lawyer after an injury. Understand the laws that apply to your case: There are many laws governing industrial accidents. Workers’ compensation is available for many employees hurt in workplace accidents. Workers’ compensation only provides for your reasonable medical expenses and a portion of your lost income. Additionally, filing for workers’ compensation is not always possible. In these cases, it may be possible to file a personal injury claim against the negligent party that caused your injuries. An industrial accident lawyer will know the laws that apply to your case and make sure you understand them. Identify liable parties: It is not always easy to determine who is responsible for an industrial accident. For example, if you did not receive proper training on a certain type of equipment, your employer may be liable, but you may not realize that you were not trained properly. Or, you may not understand that a piece of equipment you used was defective and caused your injuries. A lawyer will identify who is to blame for your accident so you can take the next appropriate steps. Deciding whether to settle: The insurance company representing the liable party will likely offer you a settlement, perhaps even hours or days after the accident. These initial settlement offers are not typically enough to fully cover the cost of your injuries. A lawyer can review any settlement offer made by the insurance company and help you determine if it is fair and if you will need additional compensation in the future. Representation during a hearing or trial: Whether you need to attend a workers’ compensation hearing or your personal injury case goes to trial, you need sound legal representation. A lawyer will help you through these intimidating legal processes and give you the best chance of a successful outcome. Finding the Best Industrial Accident Lawyer in Baton Rouge for Your Case Now that you understand why it is so important to work with a Baton Rouge industrial accident lawyer, you must find the one that is right for your case. Below are the steps that can help you do it. Personal referrals: The best way to find an industrial accident lawyer is to ask trusted loved ones if they have ever worked with one in the past. If your friends and family members make recommendations, you do not have to work with that attorney, but it gives you a starting point for finding one. Online directories: You can use general directories, such as Google Business Profile, to find an industrial accident lawyer. However, you can also access professional directories, such as the one on the Louisiana State Bar’s website. Request free consultations: The vast majority of industrial accident lawyers offer free consultations. You can use these to briefly discuss your case and get a feel for a specific attorney and if you want them to handle your case. Set up a number of free consultations with attorneys and make a list of what you liked about them and any concerns you have. Ask about experience: One of the most important things is to ensure you are working with a lawyer who has experience specifically relating to your case. For example, while you need to make sure you are working with an industrial accident lawyer, you should also ensure they are familiar with your type of injury and the cause of it. Working with an experienced lawyer will make it easier for you to obtain the full settlement you deserve. Ask about fee structures: Different lawyers have different rates and fee structures. One is not necessarily better than the other, and you should never choose a lawyer based on their rates alone. However, you also need to make sure you know the rates and fee structures of any attorney you use so you are not surprised at any time during or after your case. Most industrial accident lawyers charge on a contingency fee basis. This means they only get paid if they win your case, and then, they will only receive a portion of your total settlement. Remain honest: You may think there are certain facts that are embarrassing or that they weaken your case. Still, it is important to discuss everything with your lawyer so they can prepare a strong strategy. Even if your case does have weak points, your lawyer needs to know what they are so they can work around them. Call Our Industrial Accident Lawyers in Baton Rouge Today At Big River Trial Attorneys, our Baton Rouge industrial accident lawyers can answer all of your questions, advise on the best strategy for your case, and give you the best chance of a successful outcome. Call us now at (225) 963-9638 or contact us online to request a free consultation and

Personal Injury

Common Causes of Industrial Accidents

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An industrial accident can be devastating for workers, their families, and the surrounding community. It is important to understand what causes these accidents so they can prevent them from happening in the future. Below, our Baton Rouge industrial accident lawyer explains the most important causes of industrial accidents. How Does the Atmosphere Cause Industrial Accidents? The very atmosphere within a workplace can often cause industrial accidents. The main causes of these are as follows: Insufficient lighting:Lighting may not seem all that important when it is working properly and when there is enough light in the workplace. Insufficient lighting, though, can cause slips, falls, and other accidents that result in serious injury. Ambient temperature: Again, when the temperature is comfortable, workers may not give it a second thought. However, overheating is very common in industrial spaces because the machinery can emit a great deal of heat, and the physical work can be very hard. If a workplace is too cool, it can also result in hypothermia or frostbite. Contaminated air: When a workplace is not properly ventilated, the air can become contaminated. Breathing in this contaminated air can cause issues with the respiratory systems of workers. Noise: With heavy machinery, large equipment, and a number of workers in industrial spaces, it can become very noisy. Certain workers should always have proper ear protection in place to ensure they do not become injured. Hazardous materials: Industrial spaces often contain toxic chemicals and substances and can have long-term health effects if they are not properly handled. In the worst of cases, exposure to hazardous materials can result in death. How Do Machines Cause Industrial Accidents? Mechanical issues can lead to the breakdown of machinery and equipment, resulting in an accident. Generally speaking, these types of accidents are preventable when appropriate safety and support systems are in place. Some of the most common causes of these types of accidents are as follows: Damaged or defective machinery: When machinery and equipment are made with low-quality materials, it can easily become damaged or may be defective even when it is brand new. Power issues: Power failures and power surges can cause serious injuries such as shocks and electrocutions. Blasts and fires: Fires are often required in industrial workspaces to keep broilers and other equipment running. Hot surfaces can also contribute to blasts and fires. Not only will industrial workers suffer serious burns if they come into contact with a blast or fire, but they can sustain other serious injuries, as well. Smoke inhalation and inhaling toxic fumes, such as carbon monoxide, are just two of these. Worn machinery: As machinery and equipment ages, the parts that make them function can become worn and break down. This can result in very serious injuries such as crushed bones, amputations, and more. How Do Employers and Employees Cause Industrial Accidents? Mistakes made by employees and employers can cause a very serious industrial accident. Some of the most common human errors that result in industrial accidents include: Negligence: There are many negligent acts that cause industrial accidents. Employees may not communicate with each other, or employers may not provide sufficient training. This can result in accidents with machinery and equipment that cause some of the most serious injuries. Unkempt workspaces can also result in slip and fall accidents and result in strains, sprains, fractures, bumps, cuts, and scratches. Fatigue: Industrial work is very hard physical labor. Workers can easily become tired, which may result in mistakes being made. Even a small mistake can cause serious injuries, such as crushed bones and traumatic head injuries. Workers should always make sure they are fully rested before working, and employers must provide them with sufficient breaks to prevent fatigue. Dehydration: Due to the difficult conditions industrial employees work in, it is easy for them to become dehydrated. Employers should always make sure workers have sufficient access to water and other fluids to prevent dehydration. When a person becomes dehydrated, they may suffer from heat cramps, heat exhaustion, and even heatstroke, which can be fatal. Our Industrial Accident Lawyers in Baton Rouge Can Help After Injury There are many common causes of industrial accidents. If you have been hurt, it is important that you identify what caused your accident so you know how to move forward and obtain compensation. At Big River Trial Attorneys, our Baton Rouge industrial accident lawyers can advise you of your legal rights and make sure they are protected so you can receive the full compensation you are entitled to. Call us now at (225) 963-9638 or contact us online to schedule a free consultation and to learn more.

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