While each state has its own set of laws governing wrongful death claims, in this article, we will look at Louisiana's definition of a wrongful death claim, and who can bring this type of lawsuit to one of Louisiana’s district courts. We will also cover damages available in a wrongful death case as well as discuss the time limits that affect these claims.
A wrongful death lawsuit seeks compensation when "a person dies as the result of another’s fault," according to Section 2512.2 of the Louisiana Civil Code. A wrongful death claim can be the result of wrongdoing by an entity or an individual. A wrongful death may be caused by purposeful action or an accident. In other words, wrongful death can range from intentional conduct to negligence or recklessness.
A wrongful death claim is often the surviving family member's only recourse for the untimely death of a loved one.
Eligibility for Filing a Wrongful Death Case in Louisiana?
State law establishes specific categories of persons who can bring a wrongful death claim to court when an injury is fatal. The following parties are entitled to file a wrongful death claim:
In addition, adopted family members in the categories listed above may file a wrongful death claim. If no surviving family members exist to bring a wrongful death claim, a deceased person's estate could potentially bring a wrongful death claim to court.
If a parent is determined to have abandoned the deceased person during his or her childhood, that parent cannot file a wrongful death claim.
A wrongful death claim may, in some instances, also include a criminal lawsuit filed by the district attorney's office. In cases where the at-fault driver is found to be driving recklessly or impaired, the D.A. Office may file homicide charges against the at-fault driver.
A criminal case does not preclude the filing of a wrongful death claim, but the surviving family should understand the differences between these two categories of claim. The prosecutor’s office will file a criminal case, while it is up to the surviving family members to file a wrongful death claim. In a criminal wrongful death case, the fault is punished with penalties such as probation, fines, or confinement or prison time. In contrast, in a wrongful death case, liability is conveyed solely in terms of monetary damages. For further clarification, we encourage you to speak to a Louisiana wrongful death attorney about how the two classifications of cases can influence each other.
Damages in a Wrongful Death Case
Reparations (Damages) in a wrongful death claim can include noneconomic and economic losses. Economic losses include specific, measurable losses, including:
Non-economic losses include losses suffered due to a wrongful death that cannot be verified with a receipt or bill. The non-economic losses that can be addressed in a wrongful death claim include:
Surviving family members of the deceased should seek both economic and noneconomic damages when filing a wrongful death claim. If surviving family members are not capable of bringing the claim to court, an executor or representative of the deceased person's estate can bring a claim to seek economic damages for the losses suffered by the estate.
Statute of Limitation (Time Limit) for Filing a Louisiana Wrongful Death Lawsuit
The statute of limitations in Louisiana for wrongful death claim is one year starting from the date of the death. You must file a wrongful death claim by this deadline to ensure your case will be recognized. Contact our Lake Charles Louisiana wrongful death attorneys for a free consultation on your claim.
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Car accidents are an unfortunate risk we take every time we get behind the wheel of a vehicle. If you happen to be involved in one, you should consider hiring a personal injury lawyer in Lake Charles that will ensure you are justly compensated.
This article will help you to decide if you need to contact a personal injury attorney. Most personal injury law firms fees are contingency-based, so there is never a disadvantage in at least consulting a personal injury attorney in Lake Charles. So now, let us take a look at the reasons you should contact a personal injury attorney.
More often than not, accident victims should consider calling a personal injury lawyer in Lake Charles for the following three reasons:
Often, car wreck victims do not contact a personal injury lawyer at all. They think their injuries are mild, go away without medical attention, and often forgo a medical evaluation. But gradually, with an increase in pain, they realize that they have underestimated their injuries. These untreated injuries can cause short or long term damage that can linger, causing the injured to unnecessarily live with pain.
While your injuries may not be severe enough to rush you to an emergency room, you should understand that car accident injury may take a while to develop. Not seeking medical attention immediately following an accident can decrease your chances of getting compensation for the medical claim.
While you are busy trying to be optimistic about your accident, make sure that you are not causing long term damage to your body. Seeking medical attention following an accident allows a physician to ask questions about the accident, helping determine the appropriate test to ensure you are indeed injury-free. A personal injury attorney in Lake Charles will usually encourage you to seek medical attention for your protection.
Stress and paperwork
With a car accident comes lots of paperwork. Phone calls and interviews with insurance companies, an ever-increasing pile of forms and affidavits, none of which leave you time to process the accident or begin recovery.
Even if your injuries were not severe, merely navigating the paperwork and phone interviews can be stressful. The opposing insurance company's job is to limit their liability, and their questions are geared to do just that. It is advisable to get the help of a Lake Charles personal injury attorney. Our attorneys are acquainted with the insurance adjusters and lawyers' mode of questioning and can help you avoid pitfalls of the interviewing process. Our injury attorneys Lake Charles act as your representative, take care of the paperwork, filings, work with your medical providers on billing, and call the insurance companies involved in the claim.
Yes, accidents are indeed unfortunate, but the trail of events that follow an accident can be even more hapless. The most frustrating of them is the expense. Recovering from a serious car accident can result in tens of thousands, if not hundreds of thousands of dollars.
The accident might not seem very serious at first, but slowly you realize its financial impact.
There are many types of damages and expenses in a car accident injury:
Mentioned above are the most common financial effects of an injury that take a toll on your financial stability. If you have been involved in a car accident in Lake Charles Louisiana , consider contacting our Lake Charles personal injury attorneys.
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When you have incurred an injury, you may find you need to consider legal options, especially if you are seriously injured in a slip and fall accident on a residential or commercial property. Seeking guidance is acutely critical in instances where the accident resulted from the property owner’s negligence.
Should you decide to file a slip and fall lawsuit, you should be familiar with the rules and regulations that can affect your claim. A skilled Lake Charles Louisiana slip and fall lawyer can help you understand the nuances of these laws and help you build a solid claim.
The Prescriptive Period for filing a Slip and Fall lawsuit
Lawsuits for an injury in Lake Charles need to be filed within a year of the accident. The prescriptive period also includes claims for property damage or an injury filed by any person involved in a slip and fall on a dangerous property. If an injury lawsuit is not filed before the deadline, the court may disallow the case even if the injury case is valid.
Even when you believe the at-fault driver’s insurance will pay the claim, you should allow enough time to initiate a lawsuit on the off-chance you are unable to reach a settlement. Consulting a Lake Charles Louisiana slip and fall lawyer can prove helpful when faced with a filing deadline.
Comparative Negligence Rule in Lake Charles
When a victim has been found partially negligent or contributed to the accident in any way, Louisiana’s comparative negligence rule will assign a percentage of negligence that will affect the amount of compensation a victim is eligible to receive. Louisiana Civil Code - Article 2323 defines this rule.
The central portion of this statute states that if an individual sustains an injury, loss, or death owing partly to their personal negligence and partially due to the fault of another person or persons, the total of damages recoverable will be reduced proportionately to the degree or percentage of negligence ascribable to the individual who sustained the injury, loss or death.
When a slip and fall injury case goes to trial in Louisiana, according to Article 2323, the jury or the court will first determine the amount of losses sustained by the victim (such as lost income and medical expenses). After the dollar amount is determined, the attributable negligence of each party will be defined as a percentage. After the award has been determined the injured plaintiff’s percentage of negligence will be subtracted from the award. This means an at-fault plaintiff can recover compensation for their injuries but reduced in proportion to their at-fault percentage.
Confused by the idea a plaintiff can be partially at-fault? Below are a few ways the property owner can argue their case:
Get in Touch with a Lake Charles Slip and Fall Attorney Today
Slip and fall claims can be challenging to navigate due to Louisiana’s Comparative Negligence clause and the relatively short prescriptive period. If you were injured in a slip and fall due to a Lake Charles residential or commercial property owner’s negligence, you may have a claim for compensation even if you were partially at-fault.
Building a strong case against the property owner is essential when seeking compensation for your injuries. If your serious injuries require compensation, consider consulting with an experienced Lake Charles slip and fall attorney to learn how to build a strong slip and fall claim.
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You may be surprised to learn that every year the U.S has more than 6 million car accidents. While not every accident is severe, in 2018, 768 of them lead to fatal injuries in Louisiana. In most cases, accident victims come out with minor injuries, while for others, the car accident confines them to their bed for prolonged periods.
If another is responsible for your car accident, then you are entitled to receive compensation for both physical and financial loss that you have suffered. But you may find negotiating an appropriate settlement on your insurance claim difficult, why not consult with a car wreck lawyer in Baton Rouge. Most personal injury attorneys work on a contingency basis, which means they don't get paid unless they recover compensation for their clients.
Below we will look at common mistakes that can affect your car accident claim.
Relying on your Insurance advisor
If you take the time to read your auto insurance policy statement, you will realize within a couple of lines that insurance jargon can be difficult to understand. Not understanding their insurance policy, many people come to rely on their insurance adjustor to compensate them for their accident fairly. Keep in mind, an insurance advisor will only share the information mandated by state law and then again, only if you ask them the correct questions. Instead of relying on an insurance advisor, whose job it is to minimize their company’s exposure, consider discussing your case with a car wreck attorney in Baton Rouge for the advice and guidance you deserve.
Agreeing on a quick settlement.
There may be a situation when you are seriously injured in a car accident that leads to soaring medical bills. The insurance companies are well aware of your current situation and are familiar with the stress of financial insecurity involved. Often, an insurance company will try to rush you into a settlement, which is generally less than the amount you will need to be fully compensated. If you find your insurance company is pushing you to agree on a settlement, we suggest you hold off until you have an opportunity to speak with a car accident attorney in Baton Rouge. An experienced attorney can help you understand the correct value of your accident based on current injuries, recovery time, and your potential future medical needs.
Not calling law enforcement.
In order to prove that the other party involved in the accident was guilty, you will need several sources of evidence. The evidence will help to strengthen your case in the court, and one critical piece of evidence is the accident report. Many think that involving the authorities in an accident can lead to additional trouble. Still, you should know that to prove fault and obtain appropriate compensation, you should call the authorities. The accident report will contain detailed statements about the accident, and it will be used as a substantial piece of evidence by your lawyer.
Waiting too long
The moments and possibly weeks after a car accident can be confusing, painful and disorienting; they shouldn’t be financially crippling as well. While you might not be in a position to worry about the details of the accident, someone should act on your behalf. You or a loved one should consider hiring an attorney at your earliest convenience. Every state and insurance company has a time frame for filing an accident claim if you allow that time to elapse, you can lose the right to compensation.
Avoiding the mistakes listed above and choosing an experienced car accident attorney can increase your chances of obtaining appropriate compensation.
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Accidents never come with a warning, and that’s why you usually can’t avoid them. Some accidents might lead to a minor injury, but in other cases you may be confined to your hospital bed for a few days or weeks. Accidents that require a hospital stay will lead to loss of wages, suffering, and increasing medical bills. But if someone else is responsible for the accident, then you are not liable to pay for these losses. According to Louisiana State Law, if the accident has occurred because of carelessness, intention, or ignorance of someone else, then you are eligible for compensation for injuries and damages incurred.
In order to obtain compensation, you will need to file a case with the help of a car accident attorney in Baton Rouge. Your attorney will help you determine the amount of compensation commensurate of your injuries, and you and the other party will present your case in court. You should know that in order to gain full compensation you deserve, you will need to prove that the other person is solely responsible for the accident, and for that, you will need indisputable evidence.
So, let’s discuss what can be used as evidence in a personal injury case.
A principal article that can act as evidence in court is the police report. You should never forget to file the report with the authorities. When you appear in court with your personal injury case, the first thing that the judge will ask for is the police report. The police report contains a detailed description of the accident, and acts as a record of evidence in court. From the timing of the accident to the persons involved in the accident, police reports are a written record of the officer at the scene of the accident. .
In addition to the police reports, it is best if you can provide photos of the accident scene. Photos provide a visual that words simply can not do justice, full compensation may depend on your ability to photograph the scene adequately. Photos should include the other vehicle involved in the accident and its vehicle identification number (license plate). If you can, also provide images showing the weather at the time of the accident, the condition of the road, and the surrounding area. If your injuries are clearly visible, you should also take pictures of the injuries, as it can help you prove the severity of your accident in court. If possible, these pictures should be gathered by you and submitted to your car accident attorney in Baton Rouge in order to strengthen your case.
Eyewitnesses can play a very important role in your case. If you have noticed a particular eye witness of your accident, you or the officer at the scene should approach them for a recorded statement. You should note their name, address, phone number, and email address of the eye witness. If possible, the authorities should get a written statement from the eye witness as it will help strengthen your case in the court. If an eye-witness statement can not be obtained at the scene, your attorney can contact them to give eye-witness testimony in the court.
Gathering the right pieces of evidence is vitally necessary in order to recover the just compensation you deserve in a car accident. Presenting the collected evidence in court will usually require a car accident attorney in Baton Rouge familiar with precedent.
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Personal injury cases can be very painful, not only from the financial point of view but also from the physical point. There have been many personal injury cases where the person injured has been confined to a recovery bed for weeks or years. This type of situation can lead to loss of wages, emotional trauma, and increasing medical bills well beyond the statute of limitations for filing your case. If you are still bedridden, then dealing details necessary to prove the other party’s responsibility in the accident can prove a significant challenge. This is where a personal injury attorney can act as your agent, relieving you of the legal hassles.
If your personal injury case involves an act of negligence, then you will need to file a case in the court in order to recover compensation. But it doesn’t mean that it is compulsory for you to visit the court as many personal injury cases are settled outside the court. If you want to assure you are fully compensated for your personal injury, then it becomes important to hire a personal injury lawyer to act as your agent and guide you through the process.
In this blog post, we will look at the roles and responsibilities of a personal injury lawyer.
Help you in gathering evidence
One of the responsibilities of a personal injury lawyer is to gather the important evidence required to strengthen your case in court. A judge will require proof of negligence, the accident report may not be enough to prove negligence in your injury case. The court needs evidence, and a good lawyer can help you gather important evidence. Some of the most common and vital pieces of evidence used in personal injury cases are photos of the where the accident took place, damaged property, injury and weather conditions, police report, medical bills, medical reports, written statements from eyewitnesses, and much more.
Investigate the claim
Probably the largest benefit of hiring personal injury lawyer is they work on a contingency fee basis, this means that they will only charge the fee if you recover compensation for your injuries. Contingency fees work as incentive for the personal injury lawyers to investigate the claim very carefully, this compensation structure increases an attorneys commitment to winning the case.
Negotiation with the other party
It doesn’t matter how much you read about personal injury cases or how many videos you watch on tips to win a personal injury case; on your own, you stand little chance of full compensation against the agents of the insurance companies. These agents are exceedingly competent at minimizing compensation and extracting testimony to use against you in allocation of fault. This is where a personal injury attorney can help you. With their experience and expertise, personal injury lawyers can help you in negotiating with the insurance company.
Explain your rights
If you are filing a personal injury case, it is crucial you know your rights. When you chose an experienced injury lawyer, they will explain your right to compensation, toughly the amount of compensation you are entitled, and the types of losses you can file for, a good lawyer will also explain your position in the case.
Before attempting to negotiate your personal injury case on your own, consider scheduling a free consultation with a Louisiana Personal Injury Lawyer.
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While Louisiana is best known for its festivals, we might well be known second best as the state with the highest insurance rates. If you’ve been in a fender bender or worse, you will be thankful that in Louisiana, insured drivers are aptly able to recover damages. Below you will find important information on car accident compensation laws.
Louisiana utilizes the 'fault' system for its insurance claims. In a fault system, you are required to prove that the other driver was at fault before compensation can be recovered for injuries suffered in an accident.
Unfortunately, Louisiana’s 'compulsory coverage' rule (a.k.a. as 'pay to play') stops an injured party from recovering compensation of the first $15,000 of bodily injury, and the first $25,000 in property damage if the injured party doesn’t have insurance.
Although the compulsory coverage rule may seem unjust to the injured, the 'pure comparative fault' system LA. uses is quite substantial. Under this rule, if a driver is less than 100% at fault - they may recover some portion of damages. As an example, if a driver is found to be 98% at fault and suffers losses equal to $10,000, they might recover $200 in damages—quite a contrast to other states where a driver over 50% at fault recovers nothing.
Types of Damages
Auto accident damages are generally categorized as one of two categories: economic and non-economic damages. Financial damages are called economic damages that include repair or replacement of the damaged vehicles, lost income, medical expenses - past and future, and additional out-of-pocket costs. Harder to determine damages, such as emotional suffering, pain, disability, or disfigurement, are defined as non-economic damages.
Common car accident damages can include:
For the most part, Louisiana does not cap on damages in injury or car accident cases – with the notable exception of car accidents involving a government agency. The state has imposed a total limit of $500,000 on damages awards. In addition, Louisiana has a relatively short statute of limitations of one year.
And while generous with most auto accident cases, serious injuries that require hospital stays are further obstructed by a state-imposed medical malpractice cap. If by some extraordinary series of misfortunes, a medical professional exacerbates the injury, the medical professional can only be held liable up to $100,000 in damages, with a total recovery of $500,000. The additional $400,000 is paid by the Patient's Compensation Fund.
Armed with the information above, you can see why it is in your best interest to speak with a Car Accident Lawyer when involved in an accident in Lake Charles, Louisiana.
If you are involved in a car, truck, or motorcycle accident in Louisiana, consider calling an experienced car accident attorney for a free evaluation of your case, even if you are partially at fault. With a medical malpractice cap, the short statute of limitations and the compulsory coverage rule, it can be difficult to recover compensation for damages and injuries. Contact a Louisiana car accident attorney as early as possible to ensure you are educated on your legal options.
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E-cigarette companies like Blu, JUUL, and NJoy have been on the market for nearly a decade, establishing their brands of cartridges, pods and delivery devices early with little to no FDA oversight. In 2016, the FDA granted retailers and companies with these products on the market two years to submit applications for evaluation. The applications are due in May 2020, and while under review, these companies can continue to sell their products.
Are E-cigarettes less harmful than smoking?
American Cancer Society
Are there any differences between e-cigarettes and JUULing?
American Cancer Society
Formerly employed at the FDA, Dr. Scott Gottlieb, believes that counterfeit pods are responsible for the respiratory illnesses and deaths. He stated that he believes the manufacturers are culpable if their products are being used, regardless if the liquids are counterfeit or real. “Ultimately, they are responsibility lies with keeping their products out of the hands of kids.” Business Insider
The National Academies of Science, Engineering, and Medicine released a consensus study report in January 2018 that reviewed over 800 individual studies. The report was clear: e-cigarette use causes health risks. E-cigarettes contain and emit a number of conceivably toxic substances. The report also asserts there is moderate evidence that youth who use e-cigarettes are at increased risk for asthma exacerbations, coughing and wheezing.
American Cancer Society.
One e-cigarette study found users were inhaling nickel, lead, manganese, and chromium in concentrations that neared, met, or exceeded limits the EPA defined as safe. Business Insider, Sept. 19, 2019.
The CDC has advised against using e-cigarettes and vaping devices, especially those “purchased off the street,” as investigators are unable to identify a specific product, devise or ingredient as the source of the respiratory illnesses thus far. If the products in question were purchased from unregistered retailers and manufacturers,’ outbreak detectives will have a harder time pinpointing the product or chemical culprit... Kaiser Health News.
Not just respiratory issues
Some e-cigarette users have reported vomiting, feeling nauseous, or have diarrhea. Similar to the lung conditions, the cause of digestive system reactions is unknown. The numerous chemicals, including nicotine, in e-liquids are likely linked to the nausea, vomiting, and diarrhea reported after vaping too much. Toxic exposure to metals like lead are also present, as the metal coils in e-cigarette devices are used to heat the vape juice into a vapor.
Juul and e-cigarette users report experiencing:
To date, over 30 lawsuits related to vaping-related injuries around the country have been filed, including both individual lawsuits and class actions. The suits target Juul Labs Inc, which dominates about 75% of the e-cigarette market. Some also named Altria Group Inc., which has a minority stake in Juul, as a defendant. Altria is the parent company, Philip Morris, a tobacco giant. The plaintiffs claim Juul failed to warn consumers about their dangers, illegally marketed their products to minors, and that the products were defectively designed. Vaping users suffered seizures, strokes and became seriously addicted to nicotine, according to the filed suits.
Source: Factbox: U.S. lawsuits take aim at vaping, Reuters, Sept. 16, 2019.
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When you hear about vehicle recalls, you may wonder if your family will be safe as you drive Louisiana roads. Because your family relies on your car to get around town safely, it is important to pay attention to motor vehicle recalls and understand what they mean for your car.
Like many drivers, you may think that a vehicle recall will not affect your car. According to Consumer Reports, it is important to take action when you learn about possible vehicle defects. While some of these recalls may indicate minor safety problems, others may be more serious. While you might think you can ignore the situation because your car seems fine, it is important to remember that some problems may not always be evident, or only become apparent after an accident. An unchecked vehicle recall has the potential to cause accidents. If a recalled vehicle experiences the the defect on an interstate, it has the potential for catastrophic damage, especially if the accident involves an 18-wheeler. Most safety problems can usually be repaired only if you bring your car to the dealership or a mechanic.
Many individuals feel overwhelmed by the number of recalls you hear about each year and are tempted to disregard these warnings. However, before you ignore a recall, it is a good idea to look up your car's make and model. The manufacturer of your car usually lists recall information on the company website. By entering your vehicle identification number, you can usually determine whether your car is affected by the recall. You can also use the National Highway Traffic Safety Administrations recall tool at www.nhtsa.gov/recalls.
Although a recall might make you worry about your family's safety, it is important to remember that vehicles sold today are typically safe. Most recalls are published immediately and followed up with mailouts to those cars affected by the recall. Crash-test results are usually publicized, and greater safety expectations have led to higher standards for vehicle safety. Additionally, car manufacturers often issue recalls when they realize there may be a problem so the defect can be fixed as soon as possible.
This information is intended to educate. It should not be used in place of legal advice.
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The maritime industry covers an array of job sites and occupations, including offshore facilities and ports. Most people associated maritime accidents with adverse weather, and naturally occurring dangerous conditions. However, the maritime industry includes a wide assortment of job sites and occupations that include shore-based and offshore activities in fields such as, marine transportation, shipyards, marine terminals, aquaculture, seafood processing, commercial diving, and fishing. As a result, maritime workers and seamen face a variety of potential injuries both on land and at sea.
Defective Maritime Products
Whether shore or sea-based, a maritime worker's environment is full of sophisticated electrical equipment, engines, machines, and additional marine equipment crucial to operations.
All too frequently, workers are injured as a result of defective products. As a result, admiralty law, a.k.a maritime law, governs claims involving poorly designed and flawed products, providing the accident happened on navigable waters. Maritime law governs cases seeking justice from manufacturers of defective products and employers liable for an employee’s injuries.
Port and Pier Accidents
Ships and vessels require docks and ports to transport their loads from sea to land and are considered essential to maritime work. Ports are where critical activities related to maritime work take place. Ports and docks are considered some of the most dangerous job sites in the world. Ports are bustling with activity, vehicles, vessels, heavy machinery, and people that are continuously moving around.
Listed below are the most frequently reported dock and pier accident:
Inadequate Training and Maritime Injuries
According to OSHA, the federal agency responsible for setting workplace safety guidelines, maritime employment is one of the most dangerous professions in the United States. Consequently, stringent safety regulations and laws govern maritime workers, ensuring they receive appropriate safety training to do their jobs as accurately and safely as possible.
Unfortunately, many maritime employers are focused on short-term, deadline-oriented goals at the expense of properly training their workers. The result, maritime employees and seamen are seriously injured, and sometimes killed in workplace accidents by poorly trained or incompetent colleagues. Under maritime law and additional legislative acts, employers are legally obligated to provide maritime workers with a safe working environment and proper training.
Unseaworthy Vessels and Maritime Injuries
Sea vessel navigation is an inherently dangerous environment, even when conditions are ideal. Seamen work and live on these vessels for months at a time. It is imperative that these ships, vessels, or other watercraft are well-built, maintained, updated, and in good working condition for the safety of their crew. If a vessel is not seaworthy, accidents tend to occur, injuring or killing crew members. Admiralty law provides that a vessel’s owner(s) are responsible for ensuring the seaworthiness of their ships, and when not maintained, they are liable for damages caused by neglect.
The most frequent offshore injuries caused by unseaworthy vessels include:
Maritime Shore Based Accidents
Most people associate maritime accidents with water-based disasters. However, they are equally, if not more likely, to occur at onshore facilities such as ports and harbors where vessels and ships moor for unloading, loading, maintenance, and fuel and provisions. As you can imagine, ports are bustling with activity, involving large numbers of workers, commercial and personal vehicles and heavy machinery. Admiralty law, the Long-shore and Harbor Workers’ Compensation Act, and The Jones Act protect the rights of maritime personnel if hurt during a job-related accident caused by employer negligence.
Below are the most frequently occurring maritime accidents at ports and harbors:
Port workers and seamen work in a hostile environment full of hazards. A common danger is exposure to toxic chemicals and other harmful substances that cause serious diseases, injuries, and deaths to maritime workers.
In addition, many ships built prior to 1980 contain asbestos fibers that are easily inhaled. Asbestos fiber inhalation can cause the onset of diseases such as mesothelioma and asbestosis. Long-shore workers and seaman are also susceptible to respiratory damage from benzene, a naturally occurring chemical found in diesel oil, gasoline, and other petroleum products.
Offshore Maritime Injuries
Offshore maritime jobs (oil rigs and natural gas well workers) are equally essential to the U.S. economy. These offshore energy production and mineral resources facilities are also among the most dangerous work sites in the world due in large part to their location, complex machinery, and crew members mixed with a harsh, unforgiving environment. A single defective valve can cause a catastrophic disaster, as seen during the Deepwater Horizon explosion in 2010. The Deepwater Horizon accident killed 11 offshore workers, injured an additional 16, and created the largest avoidable environmental disaster in United States history.
While the Deepwater Horizons tragedy made headline news, less reported events occur on offshore facilities, resulting in injury and death of maritime professionals, all too frequently.
Listed below are the most commonly reported accidents:
Even when properly maintained, ships and vessels are still subject to sinking from an array of causes. But when an owner or responsible party fails to take the steps necessary to keep a vessel safe to operate and seaworthy, they put the crew, cargo, and passengers aboard in danger. There have been occasions when reckless captains or negligent owners have ignored maintenance issues, withheld needed equipment upgrades, or given inappropriate orders.
The most common and preventable causes of ships and vessels sinking include:
The maritime industry is a bedrock of the U.S. economy, providing tens of thousands of good-paying jobs on an array of vessels and onshore and offshore facilities. These positions are among the C.D.C.s most dangerous professions list due to the inherent hazards present in the maritime environment. Add in negligent employer behavior, and you find a situation that places seamen and shore workers at risk for life-threatening and altering accidents and injuries. Employer negligence often has a significant impact on maritime accidents; in these cases, a worker has the right to file a claim for damages against the party responsible.
If you or a loved one were injured in a maritime accident, we strongly suggest calling a law firm specializing in Admiralty Law to review your case. The attorneys at Lundy, Lundy, Soileau & South have been helping maritime workers exercise their right to compensation for injuries incurred while performing their duties for over 30 years. Call to schedule your free, confidential consultation with one of our maritime accident lawyers (800) 259-1005.
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What Is Real Estate Fraud?
Real estate fraud is when an agency or individual provides misleading information in a real estate transaction. It can happen in a variety of ways and can involve multiple parties, sometimes resulting in a class-action lawsuit. As an example, a seller provides inaccurate information regarding the size of townhouses or apartments they sold. In this case, the fraud can result in multiple buyers impacted by the deception.
The Most Common Types of Real Estate Fraud
While there are many types of real estate fraud, we cover a few of the most common below:
According to the FBI, in a recent press release, loan fraud is one of the fastest developing white-collar crimes in the U.S. The omission of critical data or misrepresentation of material information related to the real estate property resulting in fraudulent transactions.
Wrongly foreclosed properties can lead a homeowner to think that they lost ownership of their home, resulting in them giving up their homes and moving out.
Title fraud is when the ownership (title) of the property is changed through fraudulent methods. An example would be - an individual sells a property that belongs to another by pretending to be the owner. In a case like this, the real owner is probably not aware of the transaction.
Value fraud is when a buyer is deceived about the actual value of the property. Value fraud can be accomplished by the seller or agent omitting or misrepresenting relevant information about the property and its features.
How Can You Prevent Real Estate Fraud?
Throughout a real estate business transaction, there are many opportunities for real estate fraud. That’s why it is best if all parties involved follow specific steps to prevent real estate fraud from happening.
Below are a few ways to stop real estate frauds.
Avoid rushing real estate transactions, whether it’s selling or buying.
Do your homework, research the real estate agents and brokers involved in the transaction.
Always get an appraisal of the property you are buying or selling. This step will help establish a fair market value of the property and is usually required when financing. Problems arise when purchases are made in cash and do not require an appraisal.
Understand the property title details before you proceed with a real estate transaction. An experienced real estate closing attorney in Lake Charles, LA. will be a valuable asset in avoiding real estate transaction fraud.
Do I Need a Lawyer?
Real estate fraud is becoming a serious issue, and you stand to incur tremendous losses. Even the most vigilant and knowledgeable buyers can be subject to deception. That's why it is highly recommended you involve an experienced local real estate lawyer when investing in property.
Real Estate Fraud, Real Estate Law, Real Estate Attorneys, Real Estate Lawyers, Real Estate Title Closing Attorneys, Lake Charles, LA,
In the oil and gas industry - chemical refineries (a.k.a. chemical plants) are considered a "downstream" sector engaged in refining crude oil that is extracted and transported by tankers. While there tend to be more accidents in the extraction and transportation sector, that doesn't mean chemical plants and refineries are exempt from dangerous accidents.
Our attorneys work with employees and subcontractors of chemical refineries who have sustained serious injury and the widows of chemical plant employees. We are also aware that the dangers related to refinery fires and explosions are not always contained within the boundaries of the refinery. Those living near the refinery can also be injured.
Serious injury and wrongful death cases require attorneys with extensive experience, but also the financial resources to properly prepare the case for trial. Lundy, Lundy, Soileau & South works with physicians in specialty fields, life care planners who focus on rehabilitation plans, economists and other trained professionals to properly assess refinery accident cases. With the experience and knowledge gained from handling cases like these for more than 33 years, we strive to obtain compensation to the fullest extent possible on behalf of those injured, whether individuals or surviving family members.
Call 337-439-0707 (toll-free 800-259-1005) or contact our office online for a free consultation.
From Personal Injury to Toxic Exposure
Injuries range from electric shock, crush injuries, plant explosions, to toxic chemical exposure. Explosions and refinery fires have been known to cause injury to nearby residents, damaging property and drinking water.
Many times, a petrochemical company or a subcontractor's lack of compliance with safety and maintenance regulations are the cause of the accident. If they had adhered to applicable regulations, the accident could have been prevented, saving workers and neighbors from personal injury and property damage. That is where we can help.
Compensation for Injured Oil and Gas Workers and Refinery Neighbors
After a chemical refinery accident or explosion, you may require compensation for medical bills, lost income, pain and suffering, and possibly property damage. Our experienced litigation attorneys are here to help. Call (337) 439-0707, (800) 259-1005 or use our contact form to reach Lundy, Lundy, Soileau & South’s - Oil & Gas Accident Attorneys.
Oil & Gas Accidents, TPC Plant Explosion Attorneys, TPC Refinery Explosion Attorneys, Port Neches TX , Personal Injury Attorneys. Injury Lawyer
As the holiday season approaches, so does the mad rush of shoppers and potential for pedestrian accidents in Lake Charles. It is easy to get distracted while trying to cross off your to-do list. But during this time, it has never been more important to stay alert, paying particular attention to your surroundings. The goal is to return safely and peacefully home to your loved ones.
In the U.S., Pedestrian fatalities have increased 41 percent since 2008 and account for 16 percent of all traffic fatalities. According to the Governors Highway Safety Association, Louisiana made the top 10 list of highest pedestrian deaths per capita.
Unfortunately, our malls and shopping centers can be dangerous for pedestrians. Both drivers and pedestrians are likely to be distracted by their to-do lists while racing from one place to another.
While cars traveling in parking lots tend to do so at lower speeds, a pedestrian accident is still dangerous. Distracted driving poses the most significant threat to pedestrians. Using cell phones (taking photos, texting, and talking), programming GPS, searching for a parking spot, failing to look before backing up, and adjusting seats or mirrors are the most common culprits.
Many accidents can be avoided if drivers and pedestrians exercise extra caution and follow a few simple rules while shopping this holiday. We have provided a few tips to guide you below.
Pedestrian safety tips
While you may not be in control of the behavior of those around you, there are steps you can take to protect yourself and those traveling with you.
Driver safety tips
Drivers, your responsibility is to yield to pedestrians and obey traffic laws.
Pedestrian accidents range from minor to catastrophic, however, due to lack of protection too many of these accidents end in fatalities. If you've been injured by a distracted driver, consider calling our pedestrian accident attorneys in Lake Charles, LA at (337) 439-0707 for a complimentary consultation on seeking compensation.
Distracted Driving Attorneys, Pedestrian Accident Attorneys, Personal Injury Attorneys, Wrongful Death Attorneys - Lake Charles, LA,
Construction worker Injuries are far from rare. As a matter of fact, one in ten construction employees reported minor injuries in 2017. Such injuries may occur due to the negligence of the worker or other workers when security measures aren’t practiced. In some cases, the workplace does not provide the proper safety equipment and/or does not follow the guidelines for ensuring maximum safety and security. In these cases, the company can be held responsible and employees are entitled to just compensation. The chance of workplace injury is high for construction workers. A construction site is full of dangers. A moment of negligence or carelessness can lead to life-threatening accidents.
Injuries at construction sites could be minor or major. In case of minor injuries, there is little concern regarding compensation as worker’s compensation usually provides adequately. But, severe injuries could require substantial treatment and recovery time. If disputes arise in the claim settlement process, you should consider consulting with an injury attorney in Lake Charles LA. Below we have listed the most common injuries for construction workers.
1. Falling from Heights
Major concerns for construction workers include falling, stumbling or slipping. For example, when a tall building is being constructed, workers assume extreme risk working to erect the building. Proper equipment and safety gear when working at heights are paramount. Generally, it is the hiring company’s responsibility to supply properly working safety equipment. Still, accidents occur and a fall from such heights are life-threatening,
2. Hit by Hard Objects
Construction workers deal with heavy material and equipment. The chances of being struck by heavy objects are greater than the general public risk. Incomplete projects also assume a greater risk of wall and roofing collapse. Head and limb injuries are also a major concern as building material is moved from storage to use.
3. Caught between Heavy Machinery Parts
Heavy equipment operation poses another threat. Hydraulic presses for vertical lifting, forklifts for moving material, backhoes for digging and scaffolding for assembly, all carry a greater risk to those below, behind or in front of the machines, not to mention the moving parts. Supplies that fall from any height can be fatal or life-altering to the workers below. Recovering from such injuries is usually a long journey and a costly affair.
4. Electrocution Injuries
OSHA considers electricity a serious workplace hazard and has established stringent guidelines and safety equipment requirements. An inexperienced construction worker that happens across unfamiliar electrical equipment can be extremely dangerous. To give you an example of the dangers, in a 45-year electrical career, the accident death to survival ratio is 1 in 16 out of 1000 electricians..
Options Available for Injured Construction WorkerA seriously injured construction worker will incur expensive medical and recovery bills. Moreover, until the time of recovery, they may remain jobless. Losing a limb or severe injury to the body can cause permanent unemployment. To deal with medical expenses and to find financial assistance, victims should consult with a construction accident injury attorney. A professional lawyer can negotiate compensation claims with employers. If negotiation does not work, an experienced trial lawyer can take your recovery case to court.
In many instances, disputes arise with insurance companies regarding claim settlement. When this happens, enlisting the help of a local insurance claims attorney can be highly effective.
Construction Accident Attorneys - Serious Injury Lawyers - Crush Injuries - Falls - Electrocutions - Falling Objects - Lake Charles, La
What is Traumatic brain injury (TBI)
It is abrupt damage to the brain caused by a jolt or blow to the head. The most common causes include motorcycle or car crashes, sports injuries, falls, and assaults. These injuries can vary from a mild concussion to severe, lasting brain damage. Treatment for a mild traumatic brain injury can include medication and rest, but severe traumatic brain injury could require intensive care and surgery. The injured who survive a TBI can face life-altering effects in their mental, physical, emotions, and personality.
How does a TBI happen?
During a car accident, the impact causes the brain to crash back and forth inside the skull. This causes bleeding, bruising, and can tear nerve fibers. It can cause confusion and memory lapse, blurry vision, and dizziness, or even loss of consciousness. Immediately following the car accident, a person may appear fine, but the brain can undergo a delayed trauma. As it swells, it pushes itself against the skull, which reduces the flow of oxygen-rich blood. This secondary injury can be more damaging than the initial impact injury.
TBIs (Traumatic brain injuries) are classified according to the severity and method of injury:
Mild TBI – the person is awake and eyes open. Typical symptoms can include disorientation, memory loss, brief loss of consciousness, confusion, and headache.
Moderate TBI – the person appears lethargic – eyes can open to stimulation. Typical symptoms include loss of consciousness from 20 minutes up to 6 hours. Varying degrees of brain swelling or bleeding, sleepiness, but can be induced to awake.
Severe TBI – the person is unconscious – eyes will not open, even with stimulation. The person is unconscious for more than 6 hours.
Types of traumatic brain injuries
A concussion is a mild head injury that may include a brief loss of consciousness; this usually does not cause permanent brain injury.
A contusion includes bruising of the brain due to impact. It can appear either directly under the area of impact (called coup injury) or opposite the area of impact (called contrecoup injury.
A diffuse axonal injury (DAI) causes shearing and stretching of nerve cells. This happens while the brain is forced back and forth, damaging the nerve axons. Nerve axons connect nerve cells similar to running cables or telephone wires throughout the brain. When damaged, it disrupts the brain’s transmission of information, resulting in loss of consciousness.
A traumatic Subarachnoid Hemorrhage (tSAH) is when little arteries tear during impact, bleeding into the area that surrounds the brain. This area is usually filled with cerebrospinal fluid (CSF) that acts as a floating cushion that protects the brain.
A hematoma is a clot that forms when a blood vessel bursts. As blood escapes the bloodstream, it starts to thicken and clot. Clotting is generally good as it is the body’s way of stopping the bleeding. Hematomas can be small, or they grow large. Large hematomas can compress the brain. Over time the body will absorb the clot, but occasionally surgery is performed to remove large clots.
A person that suffered a TBI likely has a combination of injuries, making it difficult to answer which part of the brain was injured. The answer is usually multiple areas that have different levels of injury severity.
A secondary brain injury is the result of inflammation, the body’s response to the primary injury. The body’s natural response to injury it to send extra fluid and nutrients to the injured area. Under normal circumstances this response is good, but the brains rigid skull has limited space available and distributes the fluid, increasing pressure on areas of the brain not injured in the accident.
How Rare are TBIs
TBIs are not rare, approximately 1.5 to 2 million adults and children are diagnosed with a traumatic brain injury (TBI) every year in the U.S. Of the 2 million, about 235,000 will be hospitalized for moderate to severe head injuries. Unfortunately, approximately 50,000 will die from their injury.If you have been injured in an accident and suffer from a traumatic brain injury, you will most likely need the assistance of an experienced TBI attorney to secure adequate compensation. Call the injury attorneys in Lake Charles LA at Lundy Lundy Soileau & South for a free case evaluation.
Traumatic Brain Injury Attorneys - Serious Injury Attorneys - Personal Injury Lawyer - Catastrophic Injury Attorneys - Lake Charles, LA
Regardless of the mode of transportation, you use; the risk of an accident is always there. The foremost reason for accidents is negligence. But a minute of carelessness can have a detrimental impact on the life of the injured ones and their families. Most of us are familiar with car accidents, road accidents, and even rail accidents but maritime or offshore accidents are not often discussed. These accidents are not only a result of human errors but also the marine environment and ecosystem.
Offshore accidents are vastly different from other modes of accidents, and the laws about it are also specific and specialized. If you or someone you know have recently met with an accident on a cruise; you need the services of a dedicated offshore accident attorney from a reputed firm like Lundy Lundy Soileau & South, LLP. For better clarity, we have listed out a few of those severe offshore accidents.
Wrapping up Apart from the above accidents, several other types of offshore accidents can take place like offshore oil rigs accident, cruise vessels and commercial fishing vessel mishaps, grounding of ships, crane mishaps, accidents due to drugs and alcohol, etc. If you are a victim of any of these types of accidents, you are entitled to compensation. But this needs a thorough investigation and be proved beyond doubt. You can trust Lundy Lundy Soileau & South, LLP to walk the extra mile and ensure that you receive justice with minimum hassle and pain. Give us a call to find out more about how we can make a difference!
Maritime Offshore Accident Attorneys - Jones Act Lawyers - Tug Boat Accidents - Cargo Hauling Injury - Chemical Exposure - Fire Explosion Injury - Lawyers - Lake Charles LA
Car accidents do not happen by intention or with prior notice. It hits you unexpectedly. Most of the time, you are not the guilty party, but the victim of the other driver’s fault. Not only do you suffer serious injuries, your car also needs extensive repair. This is When you look to your car insurance to seek compensation from the injured party.
Often you find your car insurance company rejecting your claims or not giving you adequate compensation. While we may blame them, we cannot shy away from our fault as well. We tend to trust only the insurance agent and but forget to consult a reputable Lake Charles auto wreck lawyer like those from Lundy Lundy Soileau & South, LLP. Here, we look at some of the common misconceptions and bust them from the experienced auto wreck lawyers in Lake Charles point of view.
Myth 1. The other party’s car insurance company will advance the cost of my damages if I am not at fault.
This is completely wrong. According to the experienced car wreck lawyers, the guilty party’s insurance company is not required to nor is bound by any law to advance you any amount for your car repair, your medical expenses or any other out of pocket costs. They will only pay for your car damages to an extent as stipulated in their insurance contract. Under very rare circumstances, they might pay a few costs upfront but are not obligated to do so. Generally, they have a 30-day window to pay to fix your car.
Myth 2: Regardless of the insurance coverage I carry, the guilty party’s insurance company will pay for all the damages if I am innocent.
This is also a myth that holds no water. Every state requires all vehicle owners to carry a certain minimum amount of coverage. Anything greater than that is the choice of the car owner. More often, the minimum coverage amount is not even sufficient to pay even the smallest of personal injury and car wreck claims. You are also likely to encounter people who may drive recklessly but have no insurance at all, as Louisiana has one of the highest uninsured motorist rates in the country.
The auto wreck lawyers in Lake Charles also points to another excellent observation. Despite all advertisements and tall claims, while the insurance company is your best friend when of receiving your premiums, Dr. Jekyll transforms in the blink of an eye into Mr. Hyde the moment you make a claim. They try to pass on the fault on you and pay as minimum amount as possible regardless of whether it is sufficient or not. It is truly devastating to find at the time of a crisis that the insurance company is paying you cut-rate coverage.
While you cannot force individuals to purchase adequate coverage or drive cautiously; you can certainly look after your interests. You might consider consulting with a Lake Charles auto wreck lawyer before purchasing insurance, as they can help you understand your true liability and what’s at stake.
Myth 3. The insurance company will compensate for my damages fairly, and I will not need an attorney.
Many people think of consulting or hiring an attorney, an extra expense. Often, they realize their mistake when it is too late to make amends. You need to remember that insurance is also a business, and insurance carriers responsibility is to make a profit. But a lawyer with experience will fight and negotiate with them for your interests and make sure that you get your justified claim. If you do not have an attorney; you are ripe picking for the insurance company, and you would almost always be paid less than your rightful compensation.
The above points make it evident how important it is to seek the services of a car wreck lawyer, Lake Charles when involved in an accident. Lawyers from Lundy Lundy Soileau & South, LLP are your ultimate partners whose service can prove truly invaluable for you every step of the way.
Contact us today to know the multiple ways in which we can help you.
Car Wreck Attorneys - Injury Lawyers - Truck Accident Lawyers - Lake Charles LA
Most residents in Louisiana have likely heard people talk about distracted driving and how dangerous it can be. The U.S. Centers for Disease Control and Prevention reported that a 2015 study by the National Center for Statistics and Analysis found that over 1,000 injuries and 9 deaths on U.S. roads per day are attributed to distracted driving.
While the local and national focus on distracted driving has largely centered around handheld use of mobile phones, it is important for people to understand that there are many other forms of distraction that are equally as dangerous. In addition to manual distractions that take a driver’s hands off the steering wheel, visual and cognitive distractions take a person’s eyes and minds away from driving which can be highly risky.
A study by the AAA Foundation for Traffic Safety took a look at how dangerous the use of in-vehicle systems might be. They evaluated 40 systems in cars made in the last two years that required no hands but did require the eyes and minds of drivers. Hands-free navigation systems were found to be the most dangerous of all types of systems. Overall, 17 of the systems in the study were found to require a very high demand on drivers for their mental and visual attention.
What many consider to be a routine task – the programming of a vehicle navigation system – took the average of 40 seconds to complete. During this time, a driver’s attention and eyes may be diverted away from driving, posing a serious risk to not only themselves but others in their vehicles and elsewhere on the road.
To clarify manual, visual and cognitive distractions, please see examples below.
Manual Distractions – handling your cell phone, eating, drinking, applying makeup, passing things from the front of the car to the back, removing clothing, brushing hair or digging in front of the vehicle storage areas. Manual distraction is anything that takes your hand or hands off the wheel.
Visual Distractions – looking for a new cd, watching or reading the news on an electronic device, tuning the radio system, programming your navigation system, or looking at passengers.
Cognitive Distractions – listening to audiobooks, rehearsing a speech, daydreaming, impassioned phone calls, arguing with passengers or on the phone. Cognitive distractions can be deceiving because on the outside it could appear you are doing everything right, while your mind is focused on something other than driving. The unfortunate consequence of distracted driving are all too real for those in the path of the distracted driver. Many victims of distracted driving are left injured and alone to pick up the pieces. At Lundy Lundy Soileau & South, we focus on the victims’ rights, including the right to recover just compensation for the negligent actions of another. Our team of veteran personal injury attorneys in Lake Charles, La are skilled litigators and diligent defenders of justice. Should you find yourself on the receiving end of a distracted driving accident, please consider reaching out for a free consultation
Distracted Driving - Personal Injury Lawyer - Lake Charles, La
On behalf of Lundy Lundy Soileau South LLP, posted in Real Estate Law on August 18, 2019.
Nearly every landlord in Louisiana has a horror story: the elderly couple with six cats who never used a litterbox; the college frat boys who threw loud, drunken parties seemingly every other night; the family who let their children run amok and break every appliance in the apartment. You might, so far, have been lucky enough to avoid renting to the worst types of tenants, but that doesn’t mean your renters are ideal. In fact, some might be causing enough of an inconvenience that you wonder if you can evict them.
You might be an easygoing landlord, but even tenants who break minor rules may get worse over time or cause enough cumulative damage to end up being costly after they’ve moved out. The following infractions are some of the most common ones that tenants end up getting evicted for:
As FindLaw explains, landlords have the right to evict tenants for violating their lease terms. This is to help you protect your investment, limit the damage a poor tenant is causing and allow you to continue making an income from the rental property. You will need to go through legal channels to evict a tenant, including obtaining a warrant for eviction from the court, having it served and giving tenants a reasonable amount of time to move out. Real estate law may be complex, so this information is not meant to be taken as legal advice.
If you have found yourself renting to a tenant mentioned above call the real estate attorneys in Lake Charles, La at Lundy Lundy Soileau & South for a consultation on your rights as a landlord. We can review your current lease agreement and if necessary, write one that is both legal and comprehensive in scope, helping you to protect your investment and responsibility.
Lundy Lundy Soileau & South – Real Estate Lawyers – Lake Charles LA, protects the rights of landowners and investors in Southwest Louisiana.
Real Estate Law - Real Estate Attorneys - Lake Charles, La
A full-service legal firm specializes in various areas of the law throughout the Gulf Coast. They provide experienced and dynamic legal representation to protect their client’s rights. A great example of a law firm that works hard for their clients is Lundy Lundy Soileau and South. Their full-service law firm features commercial real estate closing lawyers, their experience in real estate litigation is bar none, and personal injury offshore accidents lawyer – Lake Charles – is their forte.
Not only does their firm excel in the practice of law identified above, but they also represent clients in other litigation cases like a class action, general civil litigation, commercial litigaion, and more. Other practice areas include various torts, maritime law, commercial accidents, defective products, harmful pharmaceuticals, and different types of personal injury and wrongful death cases.
Closing Lawyer For Commercial Real Estate Dealings
Let’s look at the legal field of a commercial real estate closing lawyer. This field of law requires knowledge and skill. Buying and selling real property in the state of Louisiana is not all that simple. Legal representation is a requirement. Your lawyer in real estate matters will review or draft any closing documents. If you are buying, your lawyer will help you avoid any costly mistakes in advance.
In other words, your commercial real estate closing lawyer will go over contracts, title insurance documents, settlement agreements, deeds, searches, easements, covenants, rights of way, and any other buying or selling documentation required. The process of closing a commercial real estate deal if often complicated from negotiating the purchase price, protecting the buyer’s or seller’s interests, minimizing risks, and understanding all zoning laws.
Litigation Representation in Real Estate
How can your real estate litigation lawyer help you? Well, first, there is one thing of certainty that we know about real estate, and that is, it is ever-evolving and changing. An experienced real estate attorney continues to focus on real estate issues to best serve his or her client. Just a few of the law practice areas in the field of real estate litigation involve the following:
A real estate litigator represents homeowners, developers, investors, property managers, landlords, tenants, and contractors.
Lake Charles Offshore Accidents Lawyer
An offshore accidents lawyer – Lake Charles, La – is experienced in maritime law. Maritime or admiralty law covers offshore activities that may affect the rights of offshore workers who suffer an injury, an accident, or illness while they work on navigable waters or the open seas.
The maritime industry exposes offshore workers to a variety of hazards, including explosions, fires, oil rig injuries, deck accidents, equipment failure, negligence by the crew or owner, and many other harmful distractions. Only a knowledgeable offshore accidents lawyer Lake Charles can help with your personal injury case as it relates to maritime laws.
For instance, did you know that workers compensation has a different set of laws governing the workplace accidents of seamen versus those who work on land. So when injured, it’s wise to seek the help of a lawyer who specializes in maritime law and offshore injuries. They understand the intricacies of maritime law and are able to help you when you need them most.
Real Estate Endnote
As smartly suggested by Lundy Lundy Soileau and South, when it is time for negotiations, when you have been injured, or when litigation is required in real estate, don’t waste time. Time is critical when you must file a lawsuit or to close a deal. The law has deadlines that must be adhered to, and if you miss those deadlines, you can lose your ability to be rightly compensated or to have your case heard. Choose wisely.
Real Estate Law - Title Closing Attorneys - Real Estate Lawyers - Lake Charles, La
When you and your family are involved in a collision in Louisiana, someone’s head may sometimes slam into the headrest or another part of the car. Immediately after the accident occurs, you may not think much about this wound. However, some head injuries may result in a traumatic brain injury, and it is important to recognize the symptoms.
Although anyone might incur a brain injury in a car accident, some factors might make it more likely that you or a family member might have this injury. The Mayo Clinic says that men of all ages and young adults who are between 15 and 24 years old may be more likely to incur this wound. Additionally, children younger than 4 and adults older than 60 may be more prone to suffer a brain injury. Individuals may experience different symptoms depending on their age.
When young children incur a brain injury, they may sometimes seem drowsy or irritable. They may also be uninterested in some of their usual activities or have problems paying attention. Sometimes children may not be able to explain that they feel confused or have a headache, so it is important to keep a close eye on them in the weeks after a car accident.
Older people may lose consciousness for a few minutes after the accident occurs or they may be disoriented. In the days after the collision, they might feel dizzy or nauseated or have trouble sleeping. Sometimes people may also feel sensitive to sound or light or feel anxious. If you realize that you or a member of your family is showing symptoms of a brain injury after a car crash, it is important to see a doctor right away.
This information is general in nature. It should not be used in lieu of legal advice. If you believe you’ve incurred a brain injury, seek medical attention. If you have concerns regarding compensation for your injuries, consult with an experienced personal injury attorney in Lake Charles, La.
Traumatic Brain Injury - Personal Injury Attorneys - Lake Charles, La
The death of a family member can be a devastating loss for anyone and especially if it is caused by wrongful death. While no one can compensate you for the loss of your family member, you can file a case of wrongful death to help relieve the financial hardship associated with the loss of a loved one.
A wrongful death claim is defined as a death caused through intentional harm or due to carelessness, negligibility or failure to act. A person crossing a road killed by a driver who was drunk or the accidental death of a woman during a purse snatching fall under the category of wrongful death.
In the case of wrongful death, the family members of the parties affected due to the death can file a wrongful death personal injury lawsuit on the departed’s behalf. These types of lawsuits are categorized under the civil lawsuit cases and it assists the loved ones of the departed to recover the losses for pain, suffering, stress, monetary loss, medical bills, and other financial burdens.
How does a case become a case of a wrongful death?
Not all cases of death can be categorized under the wrongful death explained by the law. A case of death can become a case of wrongful death only if the reason for the death is carelessness, intentional harm, negligibility or failure to act. As an example, if a person dies because of unsound treatment then it can be categorized under wrongful death while if a person dies because of his severe medical condition even after the extensive efforts of a doctor are exhausted, then it cannot be categorized under wrongful death. In order to qualify as wrongful death, the reason of death must be negligence, recklessness, criminal or intentional. Lake Charles wrongful death attorneys say that is very important to fully understand what qualifies as wrongful death before filing a lawsuit.
The burden of proof
Innumerable wrongful death claims are settled within the courtroom trial, the attorneys of both sides agree on a settlement which is made out of the court. Once the lawsuit of wrongful death has been filed, the party filing the claim needs to provide various elements of a wrongful death claim. In order to win a case, the family members of the deceased must provide these four elements in order to win the case. The four elements of wrongful death claim include:
Negligence- The element is the proof of negligence under which the family members of the deceased need to proof that the death was caused due to negligence, carelessness, intentional harm or failure to act. If the family members are not able to prove this, then their road to wrongful death claim will become quite difficult.
Breach of duty- In order to win the wrongful death claim, you must prove that the defendant in the wrongful death claim owed a duty to the deceased person. For example, a car driver has the duty of road safety and is obliged to follow the traffic law. Doctors have the duty to maintain the good health of their patients. You must establish a way through which you can prove that the death of your loved ones was caused because the defendant failed to fulfill his duty which becomes the reason for the death of your loved one.
Causation- Along with proving that how the breach of duty by the defendant lead to the death of your loved one, you also need to prove that how the negligence become a major reason for the death.
Damages- The last element of proof requires you to show that the death of your loved one caused you quantifiable damages like hospitalization, medical bills, funeral and burial expenses, etc. The quantifiable damage can also include loss of protection and earning along with pain and suffering of the deceased person before his death.
Choose the right wrongful death lawyer
Choosing the right wrongful death lawyer can mean the difference between your case going to court or the risk of it being rejected. Offshore accident lawyers Lake Charles say that the selection of a good lawyer plays a key role in winning wrongful death lawsuits and that’s why one should never choose a lawyer in hurry.
If your loved one has died because of wrongful death then you can file a lawsuit against the party responsible for recovery of financial loss, pain, and suffering. It is always a good idea to hire the best wrongful death lawyer to help you better understand your situation before going to court.
Wrongful Death - Personal Injury Attorneys - Offshore Accident - Lake Charles, La
A personal injury lawyer practices what is known as tort law, an injured person has the right to go to a civil court and get legal remedy for all the losses and damages incurred due to an accident or incident. The main purpose of the personal injury law is to financially compensate the injured person for his loss or harm caused due to carelessness or ignorance of another. But before filing a personal injury claim, you must understand the basic requirement and eligibility so that your case will go through with as little hassle as possible while trying to obtain financial compensation.
Every piece of evidence matters
If you are going to file a personal injury case then you should know that every piece of evidence matters as the case will be dependent upon the evidence which will be shown in court. The evidence can vary depending on the type of personal injury case, but the most common proof needed when filing a personal injury case are pictures of the accident or injury, medical reports of the accident, notes of police investigation, X-ray and MRI reports, automobile and health insurance cards, detailed information of the property where the accident took place, etc. There are many documents you will need to provide to ensure a successful file for a personal injury case.
Insurance Companies Can Be Brutally Unfair
If you are thinking that your insurance provider will work in your best interest in cases of personal injury cases then you have been misinformed. Most of the insurance providers try to find loopholes in your personal injury case so that they can limit what you need in terms of financial compensation for medical expenses and other damages which may result in any type of financial expense. Due to undervaluing your claim, you could suffer a financial crisis in the long run, especially if you are unable to return to work, the office or field due to injury.
Cases Can Settle Before Going to Trial
Settling your case should case settled should not be your only option for compensation. During a personal injury case , there are many instances where accident cases have been settled out of court through a mediation process or through negotiation with an insurance provider representative. Motorcycle accident Lawyers in Lake Charles say that a good lawyer should try to achieve an agreeable and timely settlement on your behalf but, your lawyer should have also courtroom expertise in case a negotiated settlement is unfair. If you want to avoid the hassle, it’s why so few attorneys go to trial, of a courtroom then you can try to settle the case through the mediation process.
Your attorney matters
It is not likely to matter how much winning evidence you have regarding your personal injury case, if you don’t have a good attorney by your side and when we say attorney, we specifically mean personal injury lawyers who are well-versed in these types of cases and skilled litigators. You should never settle with just any lawyer as he/she might not have the right expertise needed to win the personal injury case, instead, look for lawyers who have expertise in personal injury cases and have courtroom experience.
If your serious accident requires filing a personal injury case your first concern, after seeking medical attention, should be to find the best personal injury lawyer in Lake Charles, La so he/she can suggest the next move forward with your case. With an experienced personal injury lawyer by your side, your chances of winning your personal injury case will increase as will your chances of obtaining fair compensation for your loss or injury.
Personal Injury Lawyer - Injury Lawyers - Trial Attorneys - Lake Charles, La
Car accidents have numerous elements, which could be including a damaged or blown tire. While the defective tire may not be your fault, it could be mostly certainly be the manufacturer's fault. However, when you make the mistake of running into someone as your tire blows out, the manufacturer will try to make it your fault. That is when you need one of the most experienced Firestone Tire Lawsuit Lawyers Lake Charles has to offer.
The right thing to do is to educate yourself on the facts about tire recall attorneys Lake Charles before you pick up the phone to call. We have provided five things you need to know about listed below.
Lake Charles Firestone Tire Lawsuit Lawyer: The Four Things That Will Keep You On "Track"
1) This is about more than just your accident. Your lawyer will make this about your health and well-being too. You may have run into someone when your tire blew out, but you might have also faced some injuries because of that accident.
The tire is defective. Your lawyer is going to try to prove how the company is at fault for selling you that defective tire.
That is why you need one of the experienced firestone tire lawsuit lawyers Lake Charles has to offer. You need someone who is going to take your case seriously enough to get you a fair settlement.
2) The topic of fair settlements is what brings me to my next point about your Lake Charles Firestone Tire lawsuit lawyer. Not every settlement is going to be fair. In fact, some clients find themselves very discouraged over the outcome of their case. You should know that this is not your lawyer's fault. He may have argued for your very aggressively. The fault most likely lies with your insurance company.
Sometimes the company plays hardball. Some insurance companies have more of an interest in protecting their bottom lines than they do in protecting their clients. There may also be a set limit to what they can offer you as a fair settlement. The amount you and your lawyer are asking could be too high.
Your lawyer may suggest fighting it. However, you should let your lawyer do the dirty work. They are more experienced with insurance companies, including dealing with companies who care more about protecting their bottom line.
3) You may have medical bills worth thousands of dollars. You need someone with a lot of experience. Hire someone who understands the pain and suffering you are going through because of a blown tire. You do not hire someone who only cares about how much money is going to pad his wallet.
4) Value your lawyer's experience. Listen to what your lawyer tells you about the case. Some clients take it upon themselves to do what they want, disregarding their lawyer's advice altogether. There is no point in hiring a lawyer if you are not going to heed their advice.
One Final Note
There is no set guideline for your case. Every case is different, including the compensation you receive for a blown tire. Your case may take time, so be patient. Trust that your lawyer is going to do the right thing.
Visit LundyLawLLP.com for more information on top Lake Charles Personal Injury recall attorneys.
Firestone Tire Lawsuit - Defective Product Attorneys - Lake Charles, La
You Deserve the Best Legal Representation for Personal Injuries
Personal injury is one of the more complicated issues that individuals might face. This is true on both an academic and personal level. The laws regarding personal injury are incredibly complex. However, that's what we're here for. We can guide you through the process and decide on a concrete plan. However, there are some additional considerations regarding personal injury
The first step
The first step is often the hardest. And personal injury cases are no different in this regard. However, the biggest difficulty might surprise you. It doesn't even have anything to do with the law at all.
The first difficult step in a personal injury case is realizing that you deserve compensation. The legal system operates in a manner designed to safeguard the population from criminal neglect. In those instances where personal injury results from such inattentiveness there will be a clear need for action within the legal system. There will be a clear need for restitution when a personal injury results from such inattentiveness.
Furthermore, people are often afraid of the whole idea of ambulance chasing. They don't want to be or be perceived as greedy. This is one of many reasons why we strive to only take on meritorious cases. Principally, we're a firm that strives for justice that hasn't been divorced from morality. If we take your case it's because you truly deserve compensation.
You might think that an offshore location would have a huge impact on your case. But in general, you'll find that your basic rights are something that you carry with you through life. But an offshore location does put some twists into your case.
As such, it's important to ensure that you're dealing with an offshore accident lawyer with proper experience in this subdomain of personal injury law. We take great pride in the fact that we're able to step in to offer help to anyone in need. Our ability to match a client's needs with one of our offshore accident lawyers is one of our strengths.
What you can expect from a consultation
It's important to keep in mind that one needs to frame events in generalities. This comes back to the fact that law is such a complex topic. One can't simply go by a flowchart to understand exactly how his or her case will turn out. But this is also one of the better parts of legal representation.
It's easy to feel lost and confused when diving into legal issues. And, there is good reason to feel that way. Trying to sort out a legal case by oneself is comparable to trying to sort out a complex medical issue in a similar way. No one should have to do either on their own.
We try to make this as easy as possible offering free consultations. All you need to do is place a call and we can determine the best match for your needs. And then you can come in and discuss the case at no cost. This step will help both of us determine what your damages involve and what legal recourse is available.
Acting now and for the future
This is the point where it's time for you to take action. It's important to remember that this isn't simply directed at people with an immediate need. Anyone in the process of dealing with personal injury can attest to the fact that it's a nerve-wracking period. As such, one should try to prepare in advance. All it takes is writing down our number and keeping it somewhere you won't forget. That way it'll be there when you need it.
And if you're in a point where you have an immediate need then it's time to act. You've probably been considering it for some time. And you're also probably uncertain about the specifics of your case. But that's what we're here for. A free consultation can set you on the path to compensation you deserve.
Personal Injury Attorneys Offshore Accidents - Injury Lawyers - Lake Charles, La
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