Big River

Baton Rouge Personal Injury Law Firm

Personal Injury

Wrongful Death Claims vs. Survival Actions

Losing a loved one is always devastating. However, when someone else’s negligence caused the death, it is even more painful. If you have lost someone due to a car crash, defective product, or another act of carelessness, you can file a claim against the liable party to recover compensation. In Louisiana, there are two types of claims you may have if someone else causes the death of your loved one. You may be able to file a wrongful death claim as well as a survival action. Below, our Baton Rouge wrongful death lawyer explains more. What is a Wrongful Death Claim? State law in Louisiana stipulates that a wrongful death occurs when a person dies due to the fault of another person. For example, a driver who speeds may crash into another vehicle, killing one or more of the occupants inside. This is considered a wrongful death due to the fact that someone else caused it. Businesses and even government entities can also be liable for a wrongful death. A wrongful death claim is intended to compensate surviving family members for the losses they incurred as a result of the death. Not everyone can file a wrongful death claim. Priority is given first to a surviving spouse, then surviving children, then surviving parents, siblings, and grandparents, respectively. The relationship between the deceased and the surviving family members does not have to be biological. Adoption creates the same legal relationship, and so an adopted child could file a wrongful death claim after losing their adoptive parent. What is a Survival Action? Survival actions are claims filed on behalf of the deceased for the losses they suffered prior to their death. Staying with the example above, a speeding driver may crash into a vehicle, seriously injuring an occupant inside. The accident victim may be taken to hospital and succumb to their injuries a number of days, or even weeks, later. In these instances, surviving family members can file a survival action. Survival actions are so named because they provide compensation that the deceased could have recovered if they had survived the accident. The same surviving relatives who are eligible to file wrongful death claims can also file survival actions. If there are no surviving family members, the personal representative of the deceased can file a survival action. Damages Available in Wrongful Death and Survival Claims While financial compensation cannot bring back a loved one, it can help ease the financial burden a sudden loss causes. Still, in order to receive damages, plaintiffs must establish that they have a clear relationship with the deceased. Through a wrongful death claim, plaintiffs can obtain the following damages: The lost income of the deceased relatives were dependent on Funeral and burial expenses Loss of spousal or parental companionship, love, and guidance A loss of inheritance Loss of services, such as housekeeping or childcare, provided by the deceased Mental anguish When the deceased did not pass away immediately after the accident that caused their death, family members can recover the following damages in a survival action: Medical expenses incurred prior to the death The income lost between the time of the accident and the death Compensation for the income the deceased would have earned if they had survived the accident Property damage Pain and suffering the deceased experienced before their passing The longer a person survives before succumbing to their injuries, the more compensation is available in a survival action. There are no caps on the damages available in wrongful death claims or survival actions unless the death was caused by medical malpractice. In rare cases, punitive damages may also be awarded. This form of compensation is not to help the loved ones of the deceased recover their losses. Instead, punitive damages are meant to punish the defendant and deter them and others from acting in a similar manner in the future. In order to obtain punitive damages, the defendant must have acted with gross negligence, carelessness, or maliciousness. Call Our Wrongful Death Lawyers in Baton Rouge for Help With Your Case If you lost someone you love due to the negligent actions of another person, you may be eligible to file a claim. Proving these cases is never easy, though. At Big River Trial Attorneys, our Baton Rouge wrongful death lawyers can build a strong case that clearly establishes negligence so you obtain the full and fair settlement you deserve. Call us now at (225) 963-9638 or contact us online to schedule a free consultation and to learn more.

Personal Injury

Steps to Take After a Car Accident in Baton Rouge

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

Wrongful Death Lawsuits vs. Survival Actions

Louisiana’s civil laws protect accident victims who suffer injuries and other losses caused by another person’s negligence, or carelessness. There are many different personal injury laws that allow injured individuals to pursue financial compensation for their medical bills, property damage, lost wages, and other negative outcomes caused by an accident. If another person’s negligence has caused the death of an immediate family member, you may have the right to file a lawsuit against the person or entity who is responsible for the death. You may have the right to file a wrongful death lawsuit, as well as a survival action. So, what is the difference between the two? Below, our Baton Rouge wrongful death lawyer explains. What is a Survival Action in Baton Rouge? As its name implies, a survival action can be filed for the losses a loved one could have claimed had they survived the accident. For example, if your loved one was the victim of medical malpractice and they suffered for some time before succumbing to their injuries, a survival action could be appropriate. Through a survival action, you can pursue compensation for your loved one’s medical expenses, lost income, and the pain and suffering they endured. The compensation is then awarded to your loved one’s estate. Survival actions are not only appropriate when there was a significant amount of time between the accident and the resulting death. For example, if your loved one was in a fatal car crash and died immediately, you may still be able to file a survival action to recover the property damage to their vehicle. A Baton Rouge wrongful death lawyer can advise on when a survival action is appropriate. What is a Wrongful Death Claim in Baton Rouge? While survival actions focus on compensating your loved one’s estate for their losses, a wrongful death claim can be filed to compensate you for your own losses. If your family member earned an income the household was dependent on, a wrongful death claim can help you recover those damages. You can also include other losses in a wrongful death claim, such as the loss of household services, the loss of companionship and support, and the loss of consortium if you were intimate with the accident victim. Unlike survival actions, the damages in wrongful death claims compensate family members for their losses. As such, if you are successful with your claim, anyone in the family who suffered from the loss can receive compensation. Who Can File Survival Actions and Wrongful Death Claims? A survival action and wrongful death claim can both compensate your family for the losses incurred as a result of the accident that caused the death. Under state law, only certain family members are eligible to file these claims, however. The law follows a sequence of different family members who are eligible to file, and that is as follows: The surviving spouse or children of the deceased, if the individual was married or had children, The surviving parent or parents of the deceased, if the individual was not married and did not have children, Surviving siblings of the deceased, if the individual did not have a surviving spouse, child, or parent, The grandparents of the deceased, if there were no other surviving family members, or When the individual did not have any surviving family members, the personal representative of the deceased’s estate can file a claim. The above sequence applies to both survival actions, as well as wrongful death lawsuits. The Statute of Limitations on Survival Actions and Wrongful Death Lawsuits Time is of the essence when filing either a wrongful death lawsuit or a survival action. You have only one year from the date of the person’s death to file either type of legal action. This time limit is known as the statute of limitations, and if you do not file your claim before it expires, your family will lose its legal right to claim any compensation at all. It is important to file a claim as quickly as possible after a loved one’s death for many reasons. Witnesses may become harder to locate if you wait too long, and it may be difficult to remember important facts after several months have passed. For these reasons, you should speak to a Baton Rouge wrongful death lawyer as soon as possible. Our Wrongful Death Lawyers in Baton Rouge Can Advise on Your Case Losing a loved one is always difficult. It will result in not only emotional losses but financial consequences, as well. At Big River Trial Attorneys, our Baton Rouge wrongful death lawyers can advise you of your legal options and give you the best chance of success with any claim you file. Call us now at (225) 963-9638 or fill out our online form to schedule a free consultation.

Personal Injury

Trampoline Parks Cause Thousands of Injuries Every Year

Trampoline Parks Cause Thousands Of Injuries Every Year Trampoline parks are becoming an increasingly popular option for birthday parties, work parties, or just a day of fun as a family. Unfortunately, these trips often end with more than just good memories. Thousands of people become hurt at trampoline parks every year, and the number of injured individuals only grows with each passing year. Many times, trampoline parks often try to shield themselves from liability by forcing visitors to sign a waiver. Fortunately, these are often not enough to prevent accident victims from obtaining the compensation they deserve. Below, our Baton Rouge personal injury lawyer explains more. The Number Of Trampoline Park Injuries Is Rising Not only is the number of people visiting trampoline parks increasing, but so too is the number of injuries incurred at these parks. In 2010, trampoline park accidents resulted in just 581 visits to the emergency room, according to the American Academy of Pediatricians. Just four years later, in 2014, the number of emergency room visits due to trampoline parks rose to 6,932. By 2017, that number had nearly tripled, with 18,000 visiting the emergency room to receive treatment for trampoline park injuries, according to the Consumer Product Safety Commission. Tragically, according to CBS News, a minimum of six people have died from their trampoline park injuries in the past seven years. How Do Injuries Happen At Trampoline Parks? Trampoline park injuries happen in many different ways. It is not surprising, really, considering these facilities are often filled with children who have a seemingly endless supply of energy compared with adults, who are much larger and much more forceful than the children they play alongside. Add to this that many trampoline parks are inadequately designed, and it is easy to see why trampoline park accidents are so common. In most parks, steel cables or chain links connect the trampolines. These cables and chains are covered by minimal padding that is often quite thin. The walls surrounding the trampolines are also not usually very cushioned and use only thin padding. As people run, flip, and jump on and between the different trampolines, it causes forceful energy to move in many different directions. Although one person jumping on a trampoline may be able to control their own movements, they may still affect surrounding patrons, who can do nothing about how another visitor moves or where the energy goes. Double bouncing is one of the most common ways trampoline park accidents happen. Double bouncing occurs when one patron’s impact affects another jumper’s rebound. Forceful collisions are likely to result from a double bounce. Small children often bounce alongside adults, who are much larger in size and can generate a much greater force. The force of a jump can be enough to hurt a small child, or an adult can fall onto children, resulting in crushing injuries. The trampolines in these facilities are also often surrounded by foam pits, which provide a false sense of safety. Although the foam pits may look well cushioned, that is rarely the case. Children can suffer serious injuries, such as broken bones, after they jump into the pit. Children’s limbs are also often small enough to become trapped between the cables and wires connecting the trampolines. People can even fall through them when the structures are poorly designed, and the gaps are too wide. What Injuries Do Trampoline Park Accidents Cause? The injuries sustained at trampoline parks are so serious, The American Academy of Pediatrics advises against the use of them for all children under the age of 5. Some of the most catastrophic injuries sustained at trampoline parks are as follows: Fractured skulls Brain bleeds Traumatic brain injuries Back injuries Spinal cord injuries, including paralysis Broken necks, which can also result in paralysis Broken jaws Broken noses Fractured limbs The above injuries can affect accident victims for weeks, months, and even years to come. It is important for injured individuals to file a claim to recover financial compensation for the losses sustained, such as medical expenses, lost income, pain and suffering, and more. How Do Waivers Affect Trampoline Park Accident Cases? Nearly every trampoline park in Baton Rouge and throughout the country requires patrons to sign a liability waiver. Parents are also required to sign these for their children. Many people think after a trampoline park accident, they cannot recover compensation for their losses because they signed the waiver. However, the waivers created by trampoline parks are not always effective, nor are they always enforced by the courts. Waivers do not shield trampoline park owners or staff members from wanton, willful, or intentional misconduct. The document must also be written in clear, specific language in order for them to be considered enforceable. Many times, these waivers include vague language that is not upheld by the courts. Additionally, all guests must be given the opportunity to fully read and understand the waiver. If a person is forced to sign it quickly without being given this opportunity, that is often enough to void the waiver. If you have been injured at a trampoline park, it is critical that you speak with a Baton Rouge personal injury lawyer, even if you have signed a waiver. Our experienced attorneys can challenge waivers and show that the trampoline park owner or staff members were negligent and caused your injuries so you receive the full and fair settlement to which you are entitled. Call Our Personal Injury Lawyer In Baton Rouge For Sound Legal Advice Injuries sustained at trampoline parks are some of the most serious, and if you have been hurt, you need compensation to help during your recovery. At Big River Trial Attorneys, our Baton Rouge personal injury lawyers can conduct a thorough investigation to determine what caused your accident and who to hold liable for paying the full damages you deserve. Call us now at (225) 963-9638 or fill out our online form to schedule a free consultation and obtain the sound legal advice you

Personal Injury

What Does "Policy Limits" Mean in an Accident Case?

What Does “Policy Limits” Mean In An Accident Case? Today we are going to talk about the term policy limits. What Are Policy Limits And Why Are Policy Limits Important? When we say policy limits we are talking about all of the insurance that the other driver has, so the person that hits you has an insurance policy. If they are in Louisiana and they have state minimum coverage then their policy limit is $15,000. That means that is all the money you can get from their insurance company. Now there is a right to sue the driver past the amount of insurance they have but it can often be very difficult to recover money from an individual as opposed to an insurance company. Again if they were buying state minimum coverage they probably don’t have any money to satisfy judgment against them above the amount of their policy limits. Are All Policy Limits The Same? So far I have talked about state minimum coverage, but it is not the case that everybody has a $15,000 policy limits, some people have $25,000, $50,000, $100,000. If you’ve been in an accident with a commercial vehicle that vehicle probably has at least a $1,000,000 in coverage. If it’s a company they could have a $1,000,000 on the vehicle and they could have excess policy or what is called an umbrella policy that provides even more, so the policy limits can be quite high in every accident. It is important to know what the policy limits are because it lets you know how much money you can hope to recover. UM And UIM Insurance There are some other things you can do to increase policy limits, on your own you can buy um coverage, um is uninsured motorist or underinsured motorist coverage and we advise all of our clients to buy this. If someone hits you and they do not have insurance their policy limit is zero because they don’t have a policy so who would pay in that situation? Well, if you had UM coverage you could make a claim against your own insurance for your damages and for your car repair, your personal injury, stuff like that. Or, let’s say the person hits you and they had $15,000 worth of insurance but you were hurt pretty bad and your medical bills were $20,000, then you could claim onto your own UM coverage. So we recommend that everybody have UM coverage. In every accident, it’s going to be important to know what policy limits are at play. This is something that the insurance companies don’t often volunteer to tell you just what policy limit their driver had especially if you don’t have an attorney. When you call an experienced attorney we have ways to find out the policy limits. If you have been in an accident and you want to know if there going to be enough money available to pay for your medical expenses, is there going to be enough money available to pay for you injury or my pain and suffering you should speak with an experienced accident attorney. We are located in Baton Rouge; you are welcome to give us a call (225) 963-9638 we offer a no-cost consultation give us a call today and we can talk about your accident and what you might hope to recover.

Personal Injury

Slip-and-Fall or Trip-and-Fall Accident Cases in Louisiana

Slip-And-Fall Or Trip-And-Fall Accident Cases In Louisiana Accidents can occur suddenly and without warning. Although no one walks on to a property thinking they are going to get injured, it happens all too often. In Louisiana, businesses and commercial properties have a responsibility to ensure their establishments follow certain regulations and are safe for customers. When you slip and fall on someone else’s property due to someone’s carelessness or negligence, you may be entitled to compensation. At Big River Trial Attorneys we offer exceptional legal representation for our clients. We provide free, no-obligation consultations where clients meet with one of our skilled attorneys to ask questions and learn about their legal rights. If you have been injured in a slip-and-fall or trip-and-fall accident in Louisiana and are unsure of what to do next, contact our Baton Rouge personal injury law firm today to learn more. Louisiana Slip-And-Fall Accident Statistics Surprisingly, slip-and-fall accidents are the third leading cause of unintentional injury-related deaths. There are a number of different hazards that can cause a person to slip-and-fall or trip-and-fall and sustain serious or even fatal injuries. Most slip-and-fall accidents occur for the following reasons: Uneven surfaces with no warning signs Recently mopped or waxed floors Loose floorboards, rugs, or mats Potholes in parking lots Spilled liquids that have not been cleaned up Splashed oil or grease that has not been cleaned up Ice that has not been salted Uneven, or poorly lit staircases In 2016, almost 9.2 million people were treated in emergency rooms for slip-and-fall related injuries. Fortunately, property owners can prevent slip-and-fall or trip-and-fall accidents by facilitating regular maintenance and safety checks. Louisiana Premise Liability Law Business owners are responsible to take care to protect visitors to their property. When they decide to neglect the maintenance that their property requires, an accident can occur. Premises liability refers to the legal principles that hold landowners and tenants accountable when someone enters their property and is injured due to dangerous or unsafe conditions. If you have sustained injuries in a slip-and-fall accident that occurred due to the negligence of a business or landowner, you may be entitled to compensation for the following: Medical bills Therapy or rehabilitation Lost wages Lost future earnings Pain and suffering Wrongful Death Punitive Damages Louisiana law has a one-year statute of limitations for personal injury cases. This is why it is crucial for injured victims to seek out an experienced Baton Rouge personal injury law firm after an accident takes place. Hiring A Louisiana Slip-And-Fall Accident Attorney At Big River Trial Attorneys we understand how an accident can change someone’s life. The injuries sustained in an accident can cause victims to miss work, miss out on future work, and even sustain life-lasting handicaps. If you have been injured in a slip-and-fall accident in Louisiana due to the carelessness of a landowner or commercial property owner, you may be entitled to compensation. Our Baton Rouge personal injury attorneys possess the resources and knowledge to handle even the toughest slip-and-fall accident cases, and we can help you too. Contact us today at (225) 963-9638 to schedule a free case consultation and learn more about what our Louisiana personal injury attorneys can do for you.