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Personal Injury

Common Types of Injuries Sustained in a Car Crash

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Car accidents are a leading cause of injuries in the United States, with millions of people affected each year. According to the National Highway Traffic Safety Administration (NHTSA), nearly 2.28 million people sustained injuries in motor vehicle crashes in 2020 alone. These injuries can range from minor to life-altering, depending on the severity of the crash. Understanding the different types of injuries can help victims recognize symptoms, seek timely medical care, and pursue legal action when necessary. Here are some of the most common injuries that can result from car accidents. 1. Whiplash Whiplash is one of the most frequently reported injuries in rear-end collisions. This injury occurs when the neck is rapidly forced backward and forward, stretching and straining the muscles, ligaments, and nerves. Symptoms of whiplash can include neck pain, stiffness, headaches, and dizziness. In some cases, victims may experience chronic pain that lasts for months or even years after the accident. Treatment for whiplash often involves rest, physical therapy, and over-the-counter pain relief. However, severe cases may require more intensive medical intervention, such as prescription pain medications or spinal injections. 2. Traumatic Brain Injuries (TBIs) Traumatic brain injuries can occur when the head strikes a hard surface or when the brain is jolted inside the skull due to the force of impact. TBIs can vary in severity from concussions to more serious conditions like brain hemorrhages or diffuse axonal injuries. Common symptoms include headaches, confusion, memory loss, dizziness, and nausea. According to the Centers for Disease Control and Prevention (CDC), car crashes are one of the leading causes of TBIs in the United States. Because brain injuries can have long-term cognitive and physical effects, prompt diagnosis and treatment are crucial. Treatment may include rest, medications, and rehabilitation therapies to address cognitive and motor impairments. 3. Spinal Injuries Spinal injuries are among the most severe injuries sustained in car accidents. These injuries can affect the vertebrae, spinal discs, and spinal cord, potentially leading to chronic pain, limited mobility, or even paralysis. Common types of spinal injuries include herniated discs, fractured vertebrae, and spinal cord injuries (SCIs). In cases of SCI, the location and severity of the injury determine the extent of the damage. For example, injuries to the cervical spine may result in quadriplegia, while lower spinal injuries might cause paraplegia. Treatment for spinal injuries often involves surgery, physical therapy, and long-term rehabilitation. 4. Shoulder Injuries The impact of a car crash can place significant stress on the shoulder joints, leading to injuries such as dislocations, rotator cuff tears, or fractures. Shoulder injuries are particularly common when the driver or passenger braces for impact by gripping the steering wheel or dashboard. Symptoms of shoulder injuries include pain, swelling, limited range of motion, and weakness in the arm. Treatment options may include rest, physical therapy, corticosteroid injections, or, in severe cases, surgical intervention. 5. Injuries to Extremities (Elbows, Knees, and More) Car crashes can also cause injuries to other extremities, including the elbows, knees, wrists, and ankles. These injuries often occur due to direct impact with the vehicle’s interior or from being thrown violently during the collision. Common extremity injuries include fractures, ligament tears (such as anterior cruciate ligament (ACL) tears in the knee), and dislocations. Knee injuries, for example, can result from the knees striking the dashboard, leading to conditions like patellar fractures or meniscus tears. Similarly, elbow injuries may occur when a driver’s arm is caught between the steering wheel and the door during a side impact. Treatment for extremity injuries varies depending on the severity but often includes immobilization, physical therapy, and, in severe cases, surgical repair. The Importance of Medical Attention and Legal Support Many car accident injuries are not immediately apparent and may develop hours or even days after the collision. It is crucial for accident victims to seek medical attention as soon as possible, even if they feel fine initially. Early diagnosis can prevent minor injuries from worsening and provide essential documentation for any legal claims. From a legal standpoint, victims of car accidents may be entitled to compensation for their medical expenses, lost wages, pain and suffering, and other damages. An experienced personal injury attorney can help gather evidence, negotiate with insurance companies, and ensure that victims receive the compensation they deserve. Conclusion Car accidents can lead to a wide range of injuries, from mild whiplash to severe spinal cord damage. Understanding these injuries can help victims recognize their symptoms, seek appropriate medical care, and take legal action to protect their rights. If you or a loved one has been injured in a car accident, consulting with a skilled personal injury attorney can be an important step in your recovery process. At Big River Trial Attorneys, we are committed to helping accident victims in Baton Rouge and beyond navigate the legal process and obtain the compensation they deserve. Contact us today for a free consultation.

Personal Injury

Bringing an Injury Claim Against Someone Driving a Rental Car: What You Need to Know

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Car accidents involving rental cars add a layer of complexity to personal injury claims. While you might expect that the driver is responsible for damages caused in the accident, the involvement of a rental car company can complicate the process. In Louisiana, there are specific legal frameworks that come into play when a person is driving a rental car. These laws determine the responsibility of both the rental car company and the driver. In this blog post, we’ll explore how you can bring an injury claim against someone driving a rental car, the rental car company’s role in verifying insurance coverage, and what happens if the driver does not have enough insurance to cover your damages. Understanding these dynamics will help you navigate the legal process more effectively, and if you need help, Big River Trial Attorneys in Baton Rouge, Louisiana, are here to guide you through every step of the way. The Role of the Rental Car Company in Verifying Insurance Coverage When someone rents a vehicle from a rental car company, that company is responsible for ensuring that the driver has proper insurance coverage. Under Louisiana law, rental car companies are required to verify that the individual renting the vehicle either has their own personal automobile insurance or chooses to purchase coverage provided by the rental company. If the renter has personal auto insurance, it typically extends to the rental vehicle. However, if the renter does not have insurance or opts out of purchasing additional coverage, the rental car company may become responsible for providing coverage in the event of an accident. Rental Car Company’s Failure to Verify Insurance In some cases, rental car companies fail to adequately verify whether the person renting their car has personal automobile insurance. When this occurs, the rental car company can be held primarily responsible for covering the damages caused by the driver in an accident. This failure to verify insurance may expose the rental company to liability for your injuries, especially if the renter was underinsured or uninsured. For this reason, if you are involved in an accident with a driver of a rental car, it’s essential to determine whether the rental car company properly verified the driver’s insurance coverage. A skilled personal injury attorney can help investigate this issue and ensure that the rental car company is held accountable if they failed in their duty. Who Pays for Damages in an Accident Involving a Rental Car? When you’ve been injured in an accident with someone driving a rental car, the question of who is responsible for paying damages depends on several factors, including the driver’s insurance status, the rental company’s policies, and the specifics of the accident. Here’s a breakdown of how responsibility may be assigned: The Renter’s Personal Auto Insurance If the driver of the rental car has personal auto insurance, their insurance policy will generally cover damages, just as it would if the driver were in their own vehicle. The coverage provided by the renter’s personal insurance may include liability coverage for injuries and property damage, as well as uninsured/underinsured motorist coverage (UM/UIM), depending on their policy. However, problems can arise if the renter’s insurance policy limits are too low to cover the full extent of your damages, especially if you’ve sustained significant injuries. In such cases, you may need to explore other avenues to recover the compensation you deserve. The Rental Car Company’s Insurance If the renter purchased additional coverage through the rental car company, this insurance can be used to pay for your damages. Rental car companies often offer supplemental liability insurance (SLI), which can provide higher coverage limits than the renter’s personal insurance. However, if the renter declined this additional coverage, and their personal insurance is insufficient, the rental company’s responsibility may come into play, particularly if they did not verify the renter’s insurance coverage properly. What Happens if the Renter Is Uninsured or Underinsured? If the person driving the rental car does not have enough insurance to cover your damages, it’s essential to understand your options. Uninsured/Underinsured Motorist (UM/UIM) Coverage If the renter is uninsured or underinsured, your own uninsured/underinsured motorist coverage (UM/UIM) may be an option. In Louisiana, UM/UIM coverage is available to protect individuals injured in accidents where the at-fault driver either doesn’t have insurance or doesn’t have sufficient coverage to pay for your injuries. UM/UIM coverage is designed to fill the gap between the at-fault driver’s insurance limits and your actual damages. If you carry UM/UIM insurance, it can provide significant protection in cases involving rental car accidents. Rental Car Company’s Liability If the rental car company failed to verify that the driver had insurance, they may be held liable for your injuries. In cases where the renter is underinsured or uninsured, and the rental company did not take adequate steps to ensure coverage, the company itself may be responsible for compensating you. This could result in the rental company’s insurance policy being used to cover your medical bills, lost wages, pain and suffering, and other damages. What to Do If You’re Injured in a Rental Car Accident If you’ve been injured in an accident involving someone driving a rental car, it’s critical to take immediate steps to protect your legal rights. Here’s what you should do: Seek Medical Attention: Even if you think your injuries are minor, it’s important to see a doctor as soon as possible. Some injuries may not be immediately apparent and could worsen over time. Document the Accident: Gather as much evidence as possible, including photos of the accident scene, witness statements, and the rental car driver’s contact and insurance information. Contact an Experienced Attorney: Bringing a claim against someone driving a rental car can be complex, especially if there are issues with the driver’s insurance or the rental company’s responsibility. An experienced personal injury attorney can help investigate the accident, determine liability, and pursue compensation from all responsible parties. At Big River Trial Attorneys in Baton Rouge, Louisiana, we have extensive experience handling cases

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Personal Injury

How to Calculate a Lost Wage Claim in a Personal Injury Case: A Comprehensive Guide

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When you’ve been injured in an accident, your first priority is your health and recovery. However, personal injuries can have significant financial consequences, particularly if you’re unable to work due to your injuries. In personal injury cases, victims are often entitled to compensation for lost wages, which may include both past lost income and future lost earning capacity. Calculating a lost wage claim can be complex, especially when you’re dealing with the intricacies of Louisiana law and insurance companies. Below, we break down the key components involved in calculating a lost wage claim and explain the types of evidence typically used, along with the professionals who may need to be consulted, such as economists, life care planners, and vocational rehabilitation specialists. What Are Lost Wages? Lost wages refer to the income that a victim would have earned had they not been injured. This includes not only the time immediately after the injury but also any future lost income due to long-term or permanent disability. Calculating lost wages requires detailed information about your pre-injury earnings and the extent to which your injuries have impacted your ability to work. In Louisiana, you have the right to seek compensation for both past lost wages (the wages lost between the time of the accident and the settlement or trial) and future lost earning capacity (the expected loss of earnings due to long-term impacts of the injury). How Are Past Lost Wages Calculated? Past lost wages are typically easier to calculate because they deal with concrete numbers, such as your salary, wages, or other earnings before the accident. To determine the amount, your attorney will gather evidence such as: Pay Stubs or Salary Statements: Pay stubs are a straightforward way to demonstrate your regular earnings. If you are a salaried employee, determining past lost wages is relatively simple: calculate the daily rate based on your salary, and multiply that by the number of days you were unable to work. Tax Returns: Tax returns can be used to verify your annual income over previous years, especially if you’re self-employed or work on a commission basis. If your income fluctuates, tax returns provide a reliable average over a longer period. Employer Testimony or Documentation: Sometimes, a letter from your employer may be necessary to confirm the dates you missed work and whether you received any paid time off or sick leave that may offset the lost wages. Business Records (for Self-Employed Individuals): If you’re self-employed, your situation is more complicated. You’ll need to provide business records, contracts, invoices, or other documentation that can prove what you would have earned had you not been injured. Future Lost Earning Capacity: A Complex Calculation Future lost earning capacity is far more complex to calculate than past lost wages. It involves estimating the amount of income the injured party will likely lose due to their reduced ability to work in the future. This might be because the person cannot return to their former job, has to take a lower-paying job, or cannot work at all. Several factors come into play when determining future lost earning capacity: The Severity and Permanency of the Injury: If the injury is permanent, the lost earning capacity will typically be higher because it extends for the rest of the injured party’s working life. The more severe and disabling the injury, the greater the impact on future earnings. The Plaintiff’s Age and Career Path: Younger individuals may be entitled to higher future lost earning capacity claims, as they have many more working years ahead of them. Additionally, if the plaintiff was on a clear career path with anticipated raises and promotions, those potential future earnings must be factored into the calculation. Economic Projections and Inflation: Economists may need to be consulted to factor in future inflation rates, interest rates, and general economic conditions that might impact future earnings. Types of Professionals Who Assist in Lost Wage Claims While some lost wage claims are straightforward, others require the expertise of specialized professionals to ensure an accurate and fair calculation. Below are three key experts who may be involved in a complex personal injury case: Economists: An economist may be needed to calculate the long-term financial impact of the injury. This includes determining the present value of future lost earnings, taking into account inflation, raises, promotions, and even possible interest rates. Economists provide a detailed analysis of how much money the injured party would have made throughout their career had the injury not occurred. Life Care Planners: In cases where the injury is severe and long-term care is necessary, a life care planner can create a comprehensive care plan for the victim. This plan will outline the medical expenses, therapies, and other future needs, such as medical equipment, home modifications, or personal care aides. The costs associated with this care can then be incorporated into the claim for lost earning capacity, as they directly affect the plaintiff’s ability to work. Vocational Rehabilitation Specialists: These experts assess the injured party’s physical and mental ability to return to work after an injury. A vocational rehabilitation specialist evaluates the plaintiff’s education, experience, and skillset and compares that to the job market. If the plaintiff cannot return to their former position, the vocational rehabilitation expert may offer an opinion on what other types of work they can do and how much they can expect to earn, factoring in their injury. Evidence Used to Support Lost Wage Claims To support your claim for lost wages, several types of evidence are critical: Medical Records: Medical records are vital to proving that your injury has directly affected your ability to work. Doctors’ notes should clearly indicate that you were unable to work due to your injury and provide a timeline for your recovery or any permanent restrictions. Work Attendance Records: If you missed work for doctor’s appointments, therapy sessions, or due to the injury itself, attendance records from your employer can show how many days you were out. Expert Testimony: In addition to vocational rehabilitation

Personal Injury

Wrongful Death Claims in Louisiana

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Wrongful Death Claims In Louisiana Losing a loved one is never an easy reality to face. It is especially difficult when their untimely death is attributed to the negligence or wrongful act of another. Aside from the grief and sadness that comes with losing a loved one, it also often results in financial challenges, significantly if the deceased contribute financially for their family. In these cases, it is appropriate for the decedent’s survivor to file a wrongful death claim against the responsible party. However, wrongful death claims are subject to strict requirements and can only be filed by specific survivors. Therefore, the guidance of a knowledgeable personal injury lawyer is valuable in ensuring that your loved one’s legacy and the claim are valid as its filed with the court. What Is A Wrongful Death Lawsuit? A wrongful death lawsuit is a type of claim filed by specific survivors of a deceased person in cases where the fatality is attributed to the negligence, malpractice, or wrongful act of another party. Who Is Eligible To File A Wrongful Death Case In Louisiana? Louisiana Civil Code Article 2315.2 establishes the specific categories of survivors of the deceased individual that can bring a wrongful death claim to court. Under Louisiana state law, the following survivors are entitled to file a wrongful death claim against the responsible party: The children or surviving spouse of the deceased person. If there are no surviving spouse or children, the surviving parents or parent of the decedent can file. If there are no surviving spouses, children, or parents of the deceased, then the decedent’s surviving siblings can file. If there are no surviving spouses, children, parents, or siblings of the decedent, then the surviving grandparents of the deceased can file. If there are no surviving family members of the deceased person, then the decedent’s estate can bring a wrongful death claim. However, it is essential to note that parents who have abandoned the decedent during their childhood are precluded from filing a wrongful death claim. Moreover, adopted family members who are listed in the categories above, including, but not limited to, adopted children, adoptive parents, adoptive siblings, and adoptive grandparents can file wrongful death claims in court. What Do I Need To Prove In A Wrongful Death Claim? For a wrongful death claim to prevail in Louisiana, the following factors must be proven by the survivor on their claim: There is a death of a human being; The cause of the death is due to the negligence, malpractice, or intent to cause harm by another; There is a duty by the person who caused the death owed to the decedent; That duty owed to the decedent was breached; and The death of the individual has a negative financial impact on its surviving family members. When Should The Survivor Of The Deceased File For Wrongful Death Claim? Generally, there is a one-year limit from the time of death for the survivors to file a wrongful death claim in court. This time limit is different from the statute of limitation imposed on any criminal charge that the State may have filed against the person responsible for the decedent’s death. What Are The Damages In A Wrongful Death Claim? Wrongful death claims are classified under personal injury law, and damages suffered by the survivors are a significant aspect of the settlements and claims in these cases. Damages in wrongful death claims can include non-economic and economic losses. Economic damages refer to compensate the survivors for the tangible losses it incurred or will incur due to the decedent’s death. These costs are typically measurable and specific. Such damages could include: The cost of the burial and funeral expenses. The lost wages, income, and benefits of the deceased; The medical bills incurred by the deceased due to the illness and injury caused by the responsible party; The dollar value allocated to the damages to the property due to the decedent’s illness, injury, or death is caused by the responsible party. In contrast, non-economic damages are typically more subjective than economic damages. This type of compensatory damages cannot be easily quantifiable with a certain amount like economic damages. Nonetheless, these claims are an essential aspect of a wrongful death claim. Such damages can include: The pain and suffering incurred by the deceased caused by the injury or illness caused by the responsible party; The loss of companionship, guidance, emotional support, emotional grief, and trauma suffered by the decedent’s survivors resulted from the suffering and death of the deceased. Can A Survivor File A Wrongful Death Claim If The State Has Already Filed Criminal Charges Against The Responsible Party? Absolutely, Yes. The family can and should file a wrongful death claim even if the State has filed the criminal charge against the party responsible for the decedent’s death. It is essential to recognize the significant distinction between a criminal case and a civil case. In a wrongful death claim, the State may charge the responsible party, making it a criminal case. However, a wrongful death claim is a civil case and can only be filed by the classified survivors of the decedent listed above. Aside from the vast distinction between who can file and charge the responsible party in criminal and civil cases, the penalties also vary. In a criminal case, the penalties faced by the responsible party may include fines, probation, or prison time. However, in a civil case, the penalties faced by the responsible party are monetary damages, which include economic and non-economic damages that are payable to the decedent’s survivors. In addition, criminal charges and civil claims do not directly affect each other even if they both stem from the same occurrence, which is the decedent’s death. Thus, a criminal charge filed by the State does not preclude the decedent’s survivors from filing a wrongful death civil claim against the responsible party. The requirements set for wrongful death claims are time-sensitive and specific in nature. Thus, the help of an experienced lawyer

with GTM: