When you experience a personal injury due to the negligence of another party, it can be a distressing and overwhelming time. Dealing with medical bills, lost wages, and physical pain can leave you feeling helpless. However, you don't have to face the aftermath of an injury alone. A passionate personal injury lawyer can provide the guidance, support, and legal expertise you need to navigate through the complexities of your case.
Personal Injury Lawyers That Can Help and Protect You
Personal injury lawyers specialize in advocating for individuals who have suffered harm as a result of someone else's actions. Injury attorneys have a profound understanding of personal injury laws and help obtain the compensation you deserve for your injuries and damages. Whether you've been involved in a car accident, slip and fall incident, workplace injury, or any other incident causing personal harm, a skilled injury attorney will fight in your interest and protect your rights.
How Much Does It Cost to Hire a Personal Injury Lawyer in the U.S.?
One of the primary concerns people have when considering hiring a personal injury lawyer is the cost. Fortunately, most injury attorneys work on a contingency fee basis. This means your attorney only get paid if they successfully recover compensation for you. Typically, they will take a percentage of the settlement or court award as their fee. This arrangement allows you to pursue your case without the added financial burden of upfront legal fees.
What Qualities to Look For in a Personal Injury Lawyer
When searching for a personal injury lawyer, it's important to find an attorney who possesses the following qualities:
Hiring a personal injury lawyer can provide numerous benefits, including:
Immediate Actions to Take After a Personal Injury
After suffering a personal injury, it's crucial to take immediate action to protect your rights and strengthen your potential claim. Here are some steps you should consider:
Why Choose Lundy Lundy Soileau & South, LLP as Your Personal Injury Attorney?
If you require a dedicated and experienced personal injury lawyer, look no further than Lundy Lundy Soileau & South, LLP. Our firm has a proven track record of success in handling a wide range of personal injury cases. With decades of experience, our attorneys possess the expertise, knowledge, and resources to effectively represent your interests.
At Lundy Lundy Soileau & South, LLP, we pride ourselves on our commitment to client satisfaction. Our team of compassionate lawyers will provide personalized attention to your case, ensuring that you receive the highest level of legal representation. We are dedicated to fighting for justice and securing the maximum compensation for our clients.
Contact Our Injury Lawyer to Discuss Your Case
If you or a loved one has suffered a personal injury, don't hesitate to contact our firm for a free consultation. Our experienced personal injury attorneys will carefully evaluate your case and provide you with a clear understanding of your legal options. We will guide you through every step of the process, fighting relentlessly on your behalf. Remember, time is of the essence in personal injury cases, so reach out to us today.
Frequently Asked Questions
Q: How long do I have to file a personal injury claim?
A: The statute of limitations for personal injury claims varies by state. It is crucial to consult with a personal injury lawyer as soon as possible to understand the specific time limits that apply to your case.
Q: What types of damages can I recover in a personal injury lawsuit?
A: The damages you may be able to recover depend on the specifics of your case. They can include medical expenses, lost wages, pain and suffering, property damage, and in some cases, punitive damages.
Q: What if I can't afford a personal injury attorney?
A: Many personal injury lawyers work on a contingency fee basis, meaning you only pay if they successfully recover compensation for you. This arrangement allows individuals who cannot afford upfront legal fees to still access quality representation.
Q: How long does a personal injury case take to settle?
A: The duration of a personal injury case varies depending on various factors, such as the complexity of the case, the extent of the injuries, and the willingness of the opposing party to negotiate. Some cases settle within a few months, while others may take several years if they go to trial.
Q: Can I still pursue a personal injury claim if I was partially at fault for the accident?
A: In some states, you may still be eligible to recover damages even if you were partially at fault. However, your compensation may be reduced based on your degree of fault. Consulting with a personal injury attorney will help you understand the laws in your jurisdiction.
Passionate Personal Injury Attorneys - Lake Charles - Louisiana
Lundy Lundy Soileau & South, Lake Charles personal injury attorneys advocate for individuals who have been injured in commercial truck accidents. Our legal professionals specialize in handling cases where victims seek compensation for their injuries and damages resulting from 18-wheeler accidents. With our experience in personal injury law, we provide crucial assistance to our clients by navigating the complexities of the legal system and ensuring their rights are protected.
Personal injury attorneys representing victims of commercial truck accidents undertake various responsibilities to support their clients. These include:
Personal injury attorneys play a crucial role in helping victims of commercial truck accidents navigate the legal process, protect their rights, and seek fair compensation for their losses. By providing dedicated representation, we strive to alleviate the burdens faced by accident victims and help them rebuild their lives. Injured in a commercial truck accident? Call for a free evaluation of your case 337-439-0707.
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Written on behalf of Lundy Lundy Soileau & South, LLP
New Study Suggests Link Between Hair Straighteners and Uterine Cancer
According to a recent report from the National Institute of Environmental Health Sciences (NIEHS), there appears to be a probable connection between the use of chemical relaxers for hair straightening and an increased risk of uterine cancer. The study found that individuals who frequently used chemical relaxers (typically defined as four times per year) were twice as likely to develop uterine cancer compared to those who did not.
Furthermore, a study conducted in 2021 revealed that women who frequently used hair relaxers also faced a higher risk of ovarian cancer. Similar to uterine cancer, these women were twice as likely to receive an ovarian cancer diagnosis during their lifetime.
Chemical relaxers are commonly used to relax or straighten curly hair by penetrating the cortex and hair cuticle layers to loosen the natural curl pattern. However, these treatments, which are often repeated to maintain the desired effect, have now been associated with an elevated risk of uterine cancer and other serious health conditions.
Emerging Lawsuits Related to Hair Relaxers
Since October 2022, numerous lawsuits have been filed in relation to hair relaxers. The first lawsuit claimed that exposure to phthalates and other endocrine-disrupting chemicals in hair relaxers led to the development of endometrial cancer in a 28-year-old, requiring a full hysterectomy before the age of 30.
Brands implicated in these legal actions include L'Oréal, Soft Sheen/Carson (Dark & Lovely and Optimum), Namaste (Olive Oil Girls), Dabur International, Strength of Nature Global (Just for Me, Soft & Beautiful, and Motions), Godrej Consumer Products, PDC Brands, and Parfums de Coeur.
Increased Cancer Risk and Hair Straightener Lawsuits
Hair products are expected to meet stringent safety standards to prevent harmful side effects, similar to other cosmetic products. Consumers should be able to trust that their hair products are safe to use and do not pose a risk to their health. It is on these grounds that current hair straightener lawsuits are being pursued.
For a free consultation, you can contact the hair straightener cancer claims attorneys at Lundy Lundy Soileau & South. This nationally recognized law firm is dedicated to protecting citizens from corporate entities that prioritize profits over safety. Their team of product liability attorneys is committed to holding companies accountable for the devastating consequences their products may cause.
If you or a loved one have regularly used chemical relaxers and developed uterine cancer, it is advisable to reach out to experienced product liability hair straightener cancer attorneys in Lake Charles, Louisiana, who can evaluate your case.
Consultations are free and carry no obligation, so it is crucial not to delay in calling to discuss your legal rights and the necessary steps to protect those rights. These attorneys handle hair relaxer uterine cancer claims in Louisiana, Mississippi, Texas, and throughout the United States.
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Written on behalf of Lundy Lundy Soileau & South, LLP
On April 1st, 2020, the U.S. Food and Drug Administration (FDA) made an announcement requesting the immediate withdrawal of prescription Zantac and over-the-counter ranitidine from the market. This action was taken as part of an ongoing investigation into a harmful substance called N-Nitrosodimethylamine (NDMA) found in ranitidine medications, commonly known and sold as Zantac.
The FDA has determined that certain impurities in ranitidine products can increase over time when stored at temperatures higher than room temperature, potentially leading to unacceptable levels of this impurity for consumers. As a result of this market withdrawal, ranitidine products are no longer available for new prescriptions, previous prescriptions, or over-the-counter use in the United States.
Based on information provided by third-party laboratories, the FDA conducted additional testing and evaluation, which confirmed that NDMA levels in ranitidine increase under normal storage conditions. Moreover, when exposed to temperatures higher than room temperature, NDMA levels were found to significantly rise. The FDA also expressed concerns about the temperatures that the product may be subjected to during transportation and handling by consumers. Furthermore, testing revealed that the older the product is, the higher the level of NDMA, surpassing the acceptable daily intake limit of NDMA.
Patients currently using prescription ranitidine should consult their physician to explore alternative treatment options before discontinuing the use of the medication.
There are several approved alternatives to ranitidine, such as cimetidine (Tagamet), famotidine (Pepcid), esomeprazole (Nexium), omeprazole (Prilosec), and lansoprazole (Prevacid), that do not carry the same NDMA-related risks. To date, the FDA's testing has not detected NDMA in these alternatives.
Lundy Lundy Soileau & South is actively investigating cases involving esophageal cancer, stomach/gastric cancer, bladder cancer, pancreatic cancer, and liver cancer associated with the use of Zantac. If you have received a cancer diagnosis after taking Zantac, please contact our attorneys at Lundy Lundy Soileau & South, Louisiana Zantac claims attorneys.
Types of Cancer Investigated:
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When searching for a personal injury attorney in Lake Charles Louisiana, you may find yourself overwhelmed by the number of injury attorneys you will find. The days following a serious injury can be difficult, and the weeks and months of recovery ahead can prove devastating financially; it’s why finding the right attorney for your injury is so important.
Choosing the right attorney for your case while injured or ill may seem too stressful a task, so we share a few insights in the hope of easing your task.
Knowledgeable and Experienced
Choosing a personal injury lawyer specializing in your injury is crucial to obtaining adequate compensation. Why are knowledge, experience, and success in specialized areas of personal injury so important? The burden of proof lies with the plaintiff in injury cases. The importance of "strength" in organizing a persuasive argument, collecting evidence necessary to sway a jury, knowing the pitfalls of proving the injury, and experience arguing your case in front of presiding judges cannot be overstated. The knowledge of an experienced car, truck or motorcycle accident attorney is not the same as the knowledge of a maritime injury attorney, and an attorney that specializes in environmental law will not have experience in front of local personal injury justices.
The reasons listed above are not absolute but offer a solid start to finding a skilled personal injury lawyer. Experienced Lake Charles personal injury lawyers will be able to share their track record on injury settlements and awards for injury cases like yours. After the interview, they should be able to provide the likely range of compensation your case will end with. If you are uncomfortable with the scope, seek consultation elsewhere.
Passionate and Committed
While important, experience and knowledge are not enough. Have you ever been around someone who projects confidence but lacks genuine interest in the conversation? Most of us have. If your interview with a potential attorney fails to make you feel they are passionate about your case, you can guarantee that you won’t be the only one that feels that way, including the potential jury and judge. You want to find an attorney who is passionate about their personal injury work and you feel is committed to helping you recover financially.
Finding an attorney who understands how your injury affects you, your family, and your future is not only comforting but essential to projecting the importance of your compensation to those charged with awarding it to you.
Our firm understands that finding the right personal injury attorney can be stressful and daunting, but remember, you are in charge. Go into the interview with a list of questions, and ensure your potential lawyer answers the questions to your satisfaction. Lundy, Lundy, Soileau & South understands the unique challenges personal injury victims face. Our team of specialized attorneys have exceptional ligation experience in their chosen field; if you have concerns regarding your car, truck, or motorcycle accident, call the office to speak to our team of passionate personal injury attorneys. Consultations are free of charge, and our firm only collects compensation if we win your case.
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The Louisiana Supreme Court suspended the law license of the attorney who manages McClenny Moseley & Associates’ New Orleans office — the latest setback for a law firm reported to have paid $14 million for Hurricanes Laura and Ida client leads and proceeded to file over 1,600 lawsuits over the course of three days.
Further, in his March 4, 2023 Order, U.S. District Judge James D. Cain, Jr. suspended the McClenny, Moseley & Associates law firm from practice in federal court in the Western District of Louisiana.
The fallout of the suspensions leaves many Hurricane Laura claims victims without representation. Our hearts go out to Louisiana residents still struggling to recover nearly three years later.
If you were engaged in a Hurricane Laura insurance claim with McClenny Moseley & Associates you are welcome to contact Lundy, Lundy, Soileau & South’s Hurricane lawyers for a free and confidential second opinion (800) 259-1005.
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Written on behalf of Lundy, Lundy Soileau & South, LLP
Summer is just a short 4 weeks away, and for many families in Southwest Louisiana that means vacation time. With pandemic precautions still in place, it also means more and more families will travel by car. So now is an excellent time to review summer travel safety tips.
Planning and preventative maintenance scheduled now can spare you headaches and potential car, truck, or motorcycle accidents later.
Avoidable Summer Statistics:
NHTSA reported 53 children perished from automobile heatstroke in 2019, this number is one of the highest in the last 20 years. A mere 104-degree core temperature is when a body begins to experience heatstroke. Additionally, 9,025 individuals perished in car wrecks from June 2019 through August 2019.
While there are many auto-related dangers to children, heatstroke of a child left unattended in a car is possibly the most avoidable. Never leave a child in a vehicle unattended, not even for a couple of minutes. A child's body temperature rises anywhere from 3x to 5x faster than adults, a vehicle heats up fast, even when temperatures are in the 70s.
Before getting in your automobile to back out of a parking spot, walk around your vehicle to check for children. While a backup camera is helpful and convenient, there are still blind spots, and children and pets at play tend to be oblivious to automobiles. Additionally, children tend to think that motorists are watching for them, not the other way around. As vehicles increase in height and size, so do the blind spots. Statistics show that SUVs, trucks, and RV's a more likely than cars to be involved in backup accidents involving pedestrians. To increase safety when backing up, consider having an adult stand outside your vehicle, but within review mirror view, to assist the driver in backing up. While a bit inconvenient, taking this action is known to avoid pedestrian and vehicle accidents.
Summer Driving Tips
After scheduling your vacation, consider the following advanced planning tips before hitting the road.
Stock Your Vehicle with Emergency Gear
Create a roadside emergency kit - even if you regularly maintain your automobile, vehicles still break down. At a minimum, carry a cellphone to call for help if needed. NHTSA also recommends your roadside emergency kit contain: a cellphone charger - standard first aid kit - flares and white flag – flashlight – tire pressure gauge – jumper cables – a mat, jack, and tire for changing a flat tire – change of clothes for each occupant – work gloves – essential repair tools – duct tape for hose leaks – water and towels or wipes for clean-up – enough water, food, and medicine (when applicable) for each occupant to last a few days if stranded – map – emergency towels, blankets or coats.
Before You Hit the Road, Check for Recalls on Your Vehicle
Often, a car owner isn't aware their vehicle has an issued safety recall – especially when the recall is widespread and the manufacturer issues notice over a series of months. To ensure your vehicle does not have an open recall, visit NHTSA.gov/Recalls and enter your vehicle's VIN number into their lookup tool. NHTSA keeps records of recalls for 15 years.
Have Your Vehicle Serviced
Preventative maintenance such as battery checks, oil changes, tune-ups, and tire rotations go a long way toward preventing mishaps. If you are the original owner of your vehicle and have been faithful in having it serviced, chances are you are in good shape to travel; however, if you are uncertain of you cars historic servicing, have it inspected by a trusted mechanic or dealership before traveling long distances.
Unpopular, But Important - Know Your Car
If you are traveling in a new vehicle, consider reading the vehicle's owner manual; at a minimum, familiarize yourself with the features you will be using on your trip. Traveling long distances in a new car in new conditions can affect your safety record. New vehicle features can influence your reaction time (electronic stability control, driver assist, and antilock brakes); learning these new features before a long trip is strongly advised.
Plan Your Route
Before heading out, research the route you will take. Check the weather forecast, traffic, and road conditions. Allow ample time to reach your destination. Giving yourself and your family extra time to take unscheduled restroom, food, sight-seeing, and stretching breaks can greatly increase the comfort, serenity, and safety of your trip. Always carry a map and familiarize yourself with travel directions using it, even if you have a GPS. Navigation systems are known to have areas of blackout or glitches. Do share your scheduled route with someone not traveling with you, along with your anticipated window of arrival.
The Lake Charles injury attorneys at Lundy Lundy Soileau & South wish you a summer of fun adventures and safe travel.
Summer Travel Tips - Before You Hit the Road - Lake Charles Car and Truck Accident Attorneys
Product liability attorneys focus on the area of law that provides victims of dangerous products with legal recourse for injuries incurred as the result of use of a product. Products marketed to the public are required to meet the common expectations of a consumer. Products that are found to have an unexpected defect or pose a danger do not meet a consumers' common expectations. In the case of product liability, more than one party can be held liable for injuries sustained from using a defective product. For example, a defect in a manufacturer's process can create a dangerous defect; the manufacturer could be held liable for injury sustained from the defect. There are several governing applications of product liability; they can cover defects in warnings, manufacturing defects, design defects, or product liability law in general.
What is "Product Liability"?
Dangerous or defective products are a known cause of 1000s of injuries a year in the United States. "Product liability law" is a body of governing rules concerning who can be held responsible for dangerous or defective products; these rules differ from personal injury law. The rules governing product liability occasionally prove easier for the injured to recover damages.
Product liability refers to a seller or manufacturer's liability for offering a defective product to a consumer. Responsibility for a defective product that causes injury can rest with all involved in the product distribution chain. Product liability law necessitates that a product meets the common expectations of a consumer. When products pose an unexpected danger or defect, the product does not meet the common expectations of the consumer.
Federal product liability law have not been established, therefore, product liability claims are addressed by state laws and processed under the principles of strict liability, negligence, breach of warranty, or modeled on commercial statutes in each state.
Product Liability prescription period
A victim (plaintiff) who has suffered injury from a dangerous product that wishes to seek compensation is required to bring an action within a specific time frame defined by their state statute of limitations. In Louisiana, the prescription period is one year from the date of the incident. However, this statute does not apply to injured minors.
Liability in Product Cases
Several concepts can be applied to product liability. We cover a few of them below.
Defects in Manufacturing
Occasionally, a flaw occurs in the production process,resulting in a dangerous defect. Strict liability usually applies in these cases. However, even well-designed products can cause harm users. Defects in production (manufacturing) occur when a product is incorrectly manufactured and differs from its original design. For instance, a prescription drug could be contaminated at a production facility. When this type of manufacturing defect causes injuries, the manufacturer could be found liable for the injury.
Product Liability and Guns
Thousands of individuals are injured or killed by firearms every year. When this happens, people often question whether there is recourse. However, in firearm injury, it depends on how it happened. Was the gun defective? If, so, it may be possible to make a claim for compensation under products liability law. If the gun was free of defect, it may be possible to recover compensation under negligence.
Pharmaceutical Drug Liability
Medications are common in product liability lawsuits. Producers of prescription medication have a duty to stringently test medication before distributing them to market, under the strict testing guidelines set by the U.S. Food and Drug Administration (FDA). FDA guidelines are deemed as industry standard, but FDA licensing does not negate product liability if the medication proves defective in an injury case
As is common with all prescription medication, a "learned intermediary" lies between the manufacturer and the end-user. For example, a learned intermediary could be the prescribing doctor, the nurse providing instructions on use, or the fulfillment by a pharmacist.
The lines of liability can become blurry in product liability when assigning liability; however, an experienced Lake Charles product liability or defective products attorney can help a victim discern who is at fault for their injuries.
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Written on behalf of Lundy Lundy Soileau & South LLP, Car Accident Lawyers Lake Charles, LA
If you were involved in a car wreck in Louisiana, you might be considering the need to file an accident report. Under Louisiana law, individuals are obligated to report the accident with local authorities if an accident incurs property damage over $500.00, injury, or death occurs. Likewise, if your accident results in property damage, injury, or death over $100, you need submit a report in writing to the Louisiana DPSC (Department of Public Safety and Corrections). Failure to notify the LADPSC within a period 24 hours of your accident, could yield a $100 fine, or even a prison sentence of up to 60 days.
Outline of an Accident Report
The information below outlines requirements for filing a car wreck report when you are required to do so.
In Compliance with Louisiana State Statutes (revised) Title 32 § 398 Report Your Accident When:
Your accident needs to be reported immediately to local authorities if your accident results in one or more of the following:
If your accident results in property damage, injury, or death over $100, you need submit a report in writing to the DPSC (Louisiana Department of Public Safety and Corrections):
Directions for Reporting a Car Accident in Louisiana:
If your car accident included one of the above conditions, you are required to file an accident report with a local authority and send the report to the LADPSC within 24 hours of your incident. At a minimum, your report should include:
Louisiana State laws are subject to change. If you were involved in a car accident in Calcasieu Parish consult with local law enforcement, or a local firm about your obligations in reporting.
Ensuring Your Accident Report Was Received
Once you file your accident report with local authorities, you should be able to find your report online with the date of incident, the first and last name of those involved, along with the parish where your incident occurred.
If your report is deemed insufficient, the LADPSC could require those involved in the accident to provide a supplemental report, including potential eyewitness reports.
While most car damage and injury claims can be processed through insurance, additional legal proceedings may be required if the insurance settlement is inadequate. While attorneys prefer to speak with you as soon after an accident as possible, should you find yourself in a situation where the settlement will not cover damages, injuries, or both, reach out to a local car accident lawyer in Lake Charles Louisiana to review your documentation.
Lundy, Lundy Soileau & South, a team of dedicated attorneys ensuring victims’ rights and compensation.
How to File a Car Accident Report in Louisiana, Lake Charles Car Wreck Lawyers, Lake Charles Car Accident Attorneys
Lake Charles Offshore Accident Lawyers
Working offshore can be lucrative and exciting, but it can also be hazardous. Regardless of safety measures, offshore accidents and injuries are common and sometimes fatal. Rig operators and drillers can suffer devastating injuries on the unforgiving conditions of ocean platforms, jack-up rigs, and tankers. In addition, those new to rig work are often insufficiently trained and conditioned to work long hours with limited breaks, increasing the risk of an accident or injury.
Those injured offshore can find recovery emotionally and financially devastating. It can be challenging to know where to start when seeking compensation for their injuries. Therefore, we recommend the injured party start by calling an experienced offshore accident lawyer to answer your maritime injury questions.
Common Causes of Offshore Accidents
Many times, oilfield and offshore injuries could have been prevented. While many of the accidents offshore men encounter are similar to workplace injuries on land, their risk is greater on the water. Slip and falls and equipment failure are common but add storm-related wind and rough waters and these slip and fall offshore accidents frequently produce spinal cord injuries, concussions, severed phalanges or limbs, or worse. The cause of these injuries is usually a mix of human error and the heavy equipment associated with oil rig work. Proper training of oil field equipment and seafaring conditions is paramount to safety.
Oil rig decks tend to be chaotic, where workers are surrounded by fall and trip hazards, electrical hazards, crush and pinch point risks, and ever moving heavy equipment. All it takes is a wet surface or sudden sway of a vessel to lose balance. Despite the oil industry being a lucrative industry, training and oversight on oil rigs is often insufficient, even negligent; we call this employer negligence, as lack of proper training and oversight is, more often than not, responsible for the unsafe working environments that lead to accidents.
With mounting medical bills, extensive rehabilitation, and loss of a regular paycheck to provide for your family, recovery from an offshore accident can leave the injured confused on how to move forward. If you find yourself in a situation similar to this, we strongly suggest contacting a Lake Charles offshore accident lawyer to help secure compensation for your injuries.
Hiring an offshore accident lawyer to investigate and negotiate on your behalf can make the difference between night and day in your settlement or award. Depending on the extent of your injuries, you could recover money for lost wages, medical expenses, current and future rehabilitation expenses, emotional trauma, future earning potential, and pain and suffering. In addition, by hiring a personal injury – offshore accident lawyer in Lake Charles, you can ensure your documentation for tangible losses and medical records are accounted for when settlement proceedings commence, or your petition for a compensation award is heard.
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Auto accidents happen every day in the U.S., to the tune of 6 million accidents a year. Unfortunately, many of these accidents result in serious person injury. In 2019, of the 6 million accidents reported, 2 million sustained severe or permanent injuries. In addition to severe and permanent injury, 90 lives a day are lost to auto accidents.
The most proactive means of avoiding injury and reducing ejection rates from a car is wearing a seatbelt. Seatbelt use reduces the death rates in accidents by 45%, and the risk of injury by 50%. Hence seatbelt use is vital for every occupant of a vehicle. Of the 6 million accidents a year, 6% are fatal, 27% result in injury, and 72% result in property damage only. The top three cited causes of fatal accidents include:
Reckless driving arises when a driver exercises poor judgment while behind the wheel, ignores the laws, and their behavior results in an accident. A form of reckless driving is distracted driving. There are three types of distracted driving, according to The Centers for Disease Control and Prevention (CDC):
Distracted driving claims nine lives and causes 1,060 injuries a day in the United States. Driver texting causes 25% of all crash-related injuries.
Cell phone use in any capacity takes your complete attention off the road. Approximately 40% of U.S. teenagers report they have been in a car when the driver was using a cell phone. A driver's focus is reduced by 37% when driving and using a cell phone.
Were You in a car wreck in Lake Charles La?
If you were injured by a reckless driver, the personal injury lawyers at Lundy Lundy Soileau & South can help you with your serious injury claim. Proving another driver was negligent is paramount to obtaining compensation in a serious injury accident.
Our attorneys have the experience and resources necessary to help you build your case. You will need to prove:
Most victims require compensation to pay the mounting medical bills suffered from a car accident. A Personal Injury Claim is the vehicle to obtaining that compensation. While every personal injury claim is different, and can be negotiated easily, other victims are not so lucky. There may be extensive negotiation with the at-fault drivers insurance company, and full compensation may not be on the table, this is when the trial experience of the law firm you choose to represent you will become important.
If you have incurred serious injury in an accident, call the personal injury trial attorneys in Lake Charles Louisiana at Lundy Lundy Soileau and South as early as possible. Serious injury claims can take years to conclude. Not only will your attorney be able to start your claim process sooner, but they can also review reports, investigate the scene of the accident, interview witnesses and help to establish fault early while memories are fresh.
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Proving fault in a Motorcycle Accident Personal Injury Case.
Every state requires residents to conduct themselves in accordance with prevailing standards of behavior to avoid unnecessary harm to others. When a person violates the state standards and injures another, that person may be required to compensate the injured for losses. On rare occasions, the theory of negligence requires a person(s) not to act. Negligence is the basis of nearly every personal injury attorney's lawsuit.
Below are issues related to negligence theory:
A victim taking legal action on the basis of negligence will need to show the defendant's "duty of care" to the victim, the defendant's "breach of duty", "actual and proximate causation" linking the breach to the injury, and "actual losses or damages". "Proximate causation" is proving the event has a causal connection to an injury or loss recognized by law. An event too distant from the harm caused may not be accepted as a proximate cause.
Negligence can appear in any context, including car accidents or products liability. As an example, a motorcycle rider that is injured in an 18-wheeler collision will need to show that the truck's drive or a third party's actions fell short of the standard of care. An instance of actions that fall below the "standard of care" would be that the truck driver ran a red light. Or, in product liability, a customer may need to show that the manufacturer's design fell below a state's "standard of care" to recover compensation for a defect that led to an injury.
Certain professions such as lawyers, physicians, and nurses must adhere to the "standard of care" required of a typical person in their profession or specialty. A professional who fails to meet the "standard of care" and acts negligently can be held liable for malpractice.
Defenses to a Negligence Lawsuit?
In a typical defense strategy, a defendant tries to remove an element of the plaintiff's "cause of action" to fight a negligence lawsuit. As an example, a defendant may try to prove they owed no duty to the victim, or that they "exercised reasonable care", or that their actions were not the "actual or proximate cause" of the victim's injuries.
In personal injury lawsuits in some states, a defendant may use one or more affirmative defenses. In these defenses, the defendant's attorney attempts to eliminate or limit liability through an attack on elements of the victim's case. The most frequent affirmative defense in a personal injury lawsuit is contributory or comparative negligence. While all states follow rules of comparative fault, some follow the rule of comparative negligence, and others the rule of contributory negligence. Under these doctrines, victims own negligent conduct may reduce the recovery award if their negligence contributed to the injury.
Comparative negligence reduces the victim's compensation by the percentage of fault. There are three forms of comparative negligence that states follow. In "pure comparative negligence" states, a victim can recover damages excluding the amount for which he or she is responsible. As an example, if a victim proves $200,000 of damages and is found 10% responsible, they will be able to recover up to $180,000. In states that follow "modified comparative negligence," if the victim is found to be 50% (or above) responsible in negligence, the victim is barred from recovering damages. And in other states following the rule of "contributory negligence," a victim is barred from recovery if any fault is found.
Another negligence defense is the "assumption of risk." In claiming "assumption of risk" as an affirmative defense, the defendant argues that the victim assumed risk involved in an apparently dangerous activity. As an example, a victim involved in car races at a motor club could naturally assume some risk of injury. However, a victim on a ride at an amusement park does not "assume the risk" of a mechanical failure that causes a restraint to detach with the victim in the air. The rule of "assumption of risk" does not apply to unknown hazards.
To speak with an experienced lawyer about your motorcycle accident, contact the personal injury attorneys in Lake Charles La, Lundy Lundy Soileau & South.
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As a costal state, many of our Louisiana residents are employed in the oil and gas and maritime industry. While these jobs can be financially rewarding, they often include harsh working conditions subject to a unique set of laws regulating personal injury offshore accidents and compensation. Hence, when injured, they need an experienced Lake Charles Maritime personal injury attorney to help obtain fair compensation when involved in an offshore accident.
The maritime industry is as vital to Louisiana as it is to the rest of the world. Maritime makes trade of essential goods and services possible and is responsible for an estimated one out of every five jobs in our state. Louisiana’s estimated annual maritime income is more than 3.5 billion.
If you consider the variety of vehicles, electronics, household items, clothes, and food products Louisianans consume, and understand the origins of the products, you quickly realize the impact of the maritime industry; as maritime shipping is the most efficient form of international transportation.
The term maritime industry, and thereby Maritime Law, pertains to sea and waterways navigation throughout the world. This industry has an economic impact of $11 billion annually in Louisiana, generating roughly $2 billion in tax revenue. In addition, The United States Department of Labor Statistics reports that Louisiana leads our country in the largest concentration of maritime jobs and is the top employer of captains, pilots of water vessels, ship engineers, sailors, and marine oilers.
Maritime occupations in Louisiana frequently involve hazardous work around heavy machinery, potential falling objects, and the possibility of fire and explosions. Due to sea conditions, work areas can be unstable, making slips and falls a common accident. Additionally, Louisiana’s rig and offshore workers are often required to move heavy equipment and tools, exacerbating these slip, fall, and crush injuries.
While most Maritime companies have safety protocols place, accidents still happen.
Lake Charles offshore accident law firms specialize in securing compensation for injured offshore workers under the U.S. Longshore and Harbor Workers Compensation Act or the Jones Act; these two bodies of law govern maritime accident compensation.
When you or a family member have been injured in an offshore accident, consider contacting the experienced Lake Charles Maritime Accident Attorneys at Lundy Lundy Soileau & South for a free consultation.
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Premise liability is a legal concept roughly stating that property owners have an obligation to ensure the safety of those who visit their business or residence. When property owners fail to meet minimal obligations ensuring their visitor's safety, they can be held liable for visitors resulting injuries, accidents, or wrongful death. The following are a few instances that fall under premise liability cases:
Most premise injury cases are based on negligence, to win a premise liability case, the victim must prove the owner of the property was negligent with general maintenance of the property, with negligence defined as failing to take reasonable care of their property.
It is worth noting that it does not define property owner negligence solely because you were injured on another's property. Furthermore, just because the property was in an unsafe condition does not dictate that the property owner was negligent. An individual must show that the property owner knew that or should have reasonably been aware that the premise was in an unsafe condition, and further, failed to take proper measures to remediate the situation.
Types of Premise Liability
Premise liability cases can vary widely; even dog bites fall under premise liability because animals are considered property, reside on the property, and present a potentially unsafe condition. In addition, although many states require owners to exercise reasonable care and maintenance in property ownership concerning visitors of the property, other states utilize an older statute that may limit the property owner's responsibilities dependent on the condition of the visitor.
In these states, visitors are divided into three categories: invitees, licensees, and trespassers.
An invitee is an individual that has the property owner's implied or express permission to enter the property. Invitees are people such as friends, neighbors, and relatives. The property owner is this situation owes an invitee the duty of reasonable care to keep the property fairly safe for the invitee.
A licensee is an individual who has the property owner's implied or express permission to enter the property. However, the licensee is entering the property for personal or business purposes. Licensees are generally individuals like salespeople. The property owner, by tradition, owes a licensee the lesser duty of warning the licensee of hazardous conditions that may create an unreasonable risk of harm if the property owner is aware of a situation, and the licensee is unlikely to discover it.
A trespasser is an individual that is not authorized to be on the property. Customarily, property owners owe no duty to trespassers except in the event the trespasser is a child. In cases like these, the property owner is obliged to exercise reasonable care to prevent a foreseeable and reasonable risk of harm to children produced by artificial conditions (i.e., swimming pools).
Because these rules can be pretty convoluted and differ from state to state, you should contact an experienced local premise liability lawyer about questions of liability.
Premises Liability Cases
Slip and Fall are fairly straightforward premises liability cases. Slip and Fall liability occurs when a visitor slips, trips, and/or falls on another's property. Several conditions that lead to a slip, trip, and fall are:
Inadequate Building Security cases usually arise in apartment complexes or office buildings. Owners of multi-family and commercial spaces have a duty to perform reasonable security measures to access the facilities. This duty is why larger apartment communities and office buildings typically have doormen or security guards. Smaller communities and buildings typically tenants to maintain locked front and back doors. If an assault or worse happens due to an unlocked door, the victim may have a premises liability case against the property owner; if it can be proven the property owner did not take reasonable actions in securing the property.
Swimming Pool Accidents generally involve unsupervised children and an unsecured swimming pool. For this reason, nearly all states and towns have laws and regulations that require swimming pools to be enclosed in a fence, often with a keypad or keyed locking gate.
Do you have questions for a premise liability attorney in Lake Charles, LA? Call Lundy, Lundy, Soileau & South for a free consultation 337-439-0707.
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Slip, Trip, or Fall Accident Attorneys Responsibilities
"Slip and fall" is a term associated with injury cases in which a person trips or slips and incurs an injury on someone else's property. Cases such as these fall under the wider category of injury cases identified as "premises liability" claims. Premise liability accidents occur on property maintained or owned by someone else, and the owner of the property may be held responsible for the injury.
Many conditions can lead to injury, slick flooring, wet flooring, narrow stairs, poor lighting, or tripping hazards such as extension cords can cause an individual to slip or trip and be injured. Similarly, if someone trips on a broken or cracked sidewalk or tumbles down a flight of stairs, the owner can be held liable. In addition, slipping can occur due to slick surfaces wet from rain, snow, ice, or a hidden peril, such as a pothole.
Establishing Fault in Slip and Fall Cases
Legal responsibility for injury is not black and white in slip, fall, or tripping cases. Each case is dependent on whether the property owner acted prudently so that tripping or slipping was unlikely to happen and whether your actions were careless, not avoiding or seeing conditions that caused your fall. Below are a few guides to help you decide whether an individual or entity was at fault for your trip, slip, or fall injury.
An injured individual of a slip and fall on another's property must prove the cause of the accident was a "hazardous condition" and that the property owner knew of the hazardous condition. A hazardous condition must pose an unnecessary risk to an individual on the property, and it must be a condition that the injured party could not have anticipated under the conditions. The latter requirement implies that an individual must be aware of and avoid obvious hazards.
To establish that a property owner knew of a hazardous condition, it must be shown that:
To recover compensation for a slip, trip, or fall injury on another's property, it must be clear that an individual or party's negligence caused the injury. While this sounds obvious, often individuals do not grasp that some accident injuries are simply accidents, if fault can be found, it was their own carelessness.
To be held legally responsible for the injuries another suffered from slip, trip, or falling on another's property, the property owner of the accused business, store, restaurant, etc. you must prove:
The property owner must have caused or known of the dangerous surface or item.
Knew of the dangerous surface and failed to do anything about it; or,
Should have been aware of the dangerous surface because a "reasonable" person charged with caring for the property would have noticed and removed or repaired the hazard.
A third liability situation (the most common, although less clear) is decided by common sense. The law determines if the owner or occupier hazard remediation steps were reasonable.
In slip, trip, or fall cases on commercial real estate, there are often numerous individuals or entities that could be held responsible for another's injuries.
In a residential setting, a landlord may be held liable to their tenant or a third party for slip, trip, or fall injury on rental property. To hold a landlord accountable for an injury, a tenant needs to show:
The landlord had jurisdiction over the hazard that caused the slip, trip, or fall.
Repairing the hazardous condition would not have been unreasonably burdensome or expensive.
A serious injury was an identifiable consequence of failing to fix the hazard. The landlord's failure to remediate led to the accident that caused the tenant, or third party's slip, trip, or fall injury.
Do you need to file a slip, trip, or fall claim?
The Lake Charles injury attorneys at Lundy, Lundy, Soileau & South have helped the injured in Lake Charles recover compensation when others would not take their case. If you have been injured in a slip, trip, or fall accident on another's property, call Lundy Law to discuss your case with an experienced serious injury attorney in Lake Charles, La. Injury cases carry a statute of limitations (time limits); start your discussion today by calling for a free case evaluation, 337-439-0707.
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Many car accident victims ponder the question of when and if they need to hire an attorney. While the answer certainly depends on the severity of the accident, the following are general guides to help you determine the best course of action for your case. For an exact answer, we highly suggest you seek the opinion of a competent personal injury attorney in Lake Charles, Louisiana. Keep in mind; auto insurance companies retain teams of attorneys and insurance adjusters that begin evaluation of your accident claim as soon as you submit the claim. With this in mind, it’s essential that you consult a personal injury attorney if you are seriously injured in a car wreck to level the negotiating playing field.
Facing a team of experienced personal injury attorneys working for the billion-dollar insurance industry on your own is not a prudent move. While it is possible to make an injury claim alone, you are accurately at their mercy; they could determine your case is worth a thousand dollars, a few thousand dollars, or flat out deny your claim. It is up to their team to value your claim, since you probably don’t know your legal rights, alternatives, or what you can do to fight them. Their only job is to argue claims on behalf of their employers. Going it alone without experience has a predictable outcome.
This article also covers factors worth considering when considering the best personal injury lawyer for their relevant case. Such as, aren’t all personal injury law firms the same, and why it’s essential to your case - that you select a lawyer (or law firm) that has trial experience. We seek to answer these and additional questions that may arise.
When Should You Hire a Car Accident Lawyer?
If you have been injured, you have one shot at obtaining compensation for your past, present, and future recovery needs. Basing your decision to hire solely off a billboard, tv, or radio commercial is not the answer. Not always, but many times these lawyers or firms operate in high volume cases and will not or cannot, for lack of experience, take your case to trial. Instead, we suggest you seek an injury attorney or law firm with a great reputation and trial experience.
Retaining competent and experienced counsel is crucial when you are seriously injured in a car or truck wreck. Unfortunately, many victims attempt to represent themselves and commonly fail for a few clear reasons; insurance companies can afford to wait; their knowledge of similar settled claims, and they control the settlement offer. They play the game of offering just enough to make you go away. Often, the insurance company will make a settlement offer within days of your collision claim, hoping for settlement before your knowledge of the extent of your injuries.
These offers are referred to a “nuisance value offers”. The term used frequently by insurance claims adjusters to describe the “value” of the compensation they are willing to give you to make your personal injury claim go away.
Once the settlement is accepted, there is little to no recourse for the victim if they discover their life-altering injuries. A victim not represented by an experienced personal injury attorney in Lake Charles, La. is at a severe disadvantage when negotiating a settlement and at a greater disadvantage if the injury case should go to trial. A claimant that represents him/herself lacks the experience necessary to negotiate with an insurance attorney effectively. Claimants generally do not have a thorough understanding of negotiating medical bills incurred from their car accident injury, lack finances to retain medical experts, and generally cannot illustrate appropriate compensation commensurate with the injuries sustained and future medical need.
The short answer is: You should hire a personal injury attorney when you are injured in an accident. Property damage and severity of injury aside, you want to engage your personal injury attorney as soon as you are mentally (and physically) able to do so. Without intending to sound crass, the insurance industry is heartless.
They do not care that you have a life to live, a family to provide for, or that your injuries sustained kept you out of college for a year. Their only job is to minimize losses, and that is what your personal injury case is to the insurance adjusters and attorneys, a quickly settled, soon forgotten loss. If you are seriously injured, you need an experienced personal injury attorney in Lake Charles, La. to gain the compensation you will need and deserve.
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Perhaps after years of hard work and dedication, your small business has grown, and you find yourself ready to level up. Purchasing commercial real estate may seem the logical next step, and most often is for a growing business; however, there are few considerations you should be aware of before you do.
Residential real estate purchases are different from commercial real estate purchases. If you have bought a home or two and are endeavoring to purchase commercial real estate, you’ll soon find that purchasing commercial real estate requires more planning, research and can take longer to close.
An experienced commercial real estate attorney and broker can prove invaluable when providing the commercial documentation lenders require. Lenders want to know your business profits can pay for the commercial loan – and that future positive cash flow will not be interrupted.
What makes a piece of real estate commercial?
Any property used to expand and support a business in incoming generating activity qualifies as commercial property.
A few commercial real estate examples are office buildings, warehouses, retail shopping centers, manufacturing facilities, apartment communities, hotels, and land for commercial development.
Most business owners start their business in a space that makes the most financial sense, including a home office, garage, or shop in their backyard, and only consider purchasing a commercial space after their business has expanded. However, purchasing commercial real estate has benefits beyond the additional space:
Once you’ve decided that purchasing commercial real estate is the right move, it’s time to gather a team. Unless you are a commercial real estate agent turned attorney with a background in accounting familiar with negotiating real estate, leasing and contract law, and exposing liability, you will want to assemble a team proficient in these areas.
A successful team might include a commercial real estate attorney, commercial broker, certified public accountant, insurance broker, and a commercial lender. Your CRE broker and the attorney will need to supply the following services and documents to a prospective lender:
Commercial Real Estate Broker
Commercial Real Estate Attorneys
In addition, a commercial real estate attorneys in Lake Charles, Louisiana can assist you with the following commercial activities:
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What is Maritime (Admiralty) Law?
Maritime, or admiralty law, is a body of laws – conventions - and treaties that govern private industry maritime business, and other nautical matters, such as transportation and shipping and infractions of law occurring on open water, including offshore injury. Law of the Sea – is a set of International rules that govern the use of seas and oceans.
Thousands of individuals work on the waterways in The Gulf of Mexico. Louisiana, Texas, Alabama, Mississippi and Alabama residents work on maritime vessels including drill boats, supply boats, crew boats, tankers, cargo ships, barges, dredges, and offshore drilling rigs. The work they do is physically challenging and dangerous.
Offshore workers in The Gulf of Mexico and others on our nation's waterways rely on co-worker's safe work practices - proper vessel maintenance - as well as the equipment they use in this dangerous environment to ensure their safety. Unfortunately, crew members are frequently injured because they are provided poor working or under-maintained equipment or lack the equipment they need to safely do their jobs.
If you have been injured on our nation's waterways or are grieving a family member's death from an accident that occurred on navigable waters, take action to retain experienced maritime legal representation.
Lundy, Lundy, Soileau & South aggressively pursue the best interest and rights of:
The Most Common Causes of Offshore and Accidents
Catastrophic and fatal injuries occur frequently at and on offshore rigs, maritime vessels, and ports of call due to unsafe labor practices. The more common unsafe labor practices on offshore drilling rigs can include:
Knowing Your Rights
Depending on where the incident occurs, the accident could fall under maritime or Jones Act Law, while others are filed under Longshore & Harbor Workers' Compensation Act. The outcome of your lawsuit hinges on finding an experienced maritime attorney familiar with an array of maritime injury claims. Our firm takes the time to understand your case, identify your goals, and enlighten you of your rights. Our team will pinpoint an effective strategy to pursue your personal injury claim and make certain you have the information you need to make a intelligent decision regarding filing an offshore injury lawsuit.
Contact the Maritime Injury Attorneys at Lundy Law
When you are injured in the maritime industry, laws surrounding your injury can be complicated, and gaining fair compensation can be difficult. For this reason, you need an experienced maritime injury law firm in Lake Charles Louisiana like Lundy, Lundy, Soileau & South on your side. They are experienced in all aspects of maritime law and will ensure you are provided every protection afforded under maritime law.
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Commercial real estate attorneys operate to protect individuals and enterprises from financial pitfalls when buying, selling or leasing commercial property. Most homebuyers rely on their realtor to ensure a reputable local attorney handles the contract's legal elements. However, business owners should prioritize enlisting an experienced commercial real estate lawyer when buying, selling, leasing, developing, or engaging in commercial property transactions.
Why Hire a Commercial Real Estate Attorney
Closing a commercial real estate transaction can be complicated; from negotiating the purchase price to minimizing the buyer's or seller's risk, real estate attorneys protect their client's interest. Below we offer a few reasons you should consider partnering with an experienced attorney when buying or selling commercial real estate.
As a business owner, you probably lack the necessary time to discern the legalities of buying or selling commercial property, nor would you desire it. It only makes sense to engage an attorney to perform due diligence, ask the right questions, look at the facts objectively, and take on your concerns, leaving you free to focus on what matters most, your business.
Protect Your Interests
When buying commercial real estate for your company, hiring an attorney protects your interests by ensuring the contract is fair. In addition, a commercial real estate lawyer can protect your interest by negotiating exit procedures should the deal fall through and if hidden environmental or structural issues arise after closing the deal.
When considering a property that appears to be "too good to be true," an attorney can investigate on your behalf. For example, you find a commercial property that seems like a great deal, but what happens if the building has a tax debt of $125,000? An experienced real estate attorney can research land or property for liens or tax debt, helping you avoid a bad investment, or negotiate a price reflective of the lien or tax debt.
Commercial real estate contracts can be quite extensive and wordy. Unlike Realtors, real estate attorneys do not make a commission. Your attorney works for you alone; they do not have a stake in whether the deal falls through or not as real estate agents do. Real estate attorneys provide unbiased advice that serves your best interest, with the possibility of saving you money.
Understand Zoning Laws
Maximizing your commercial investment means knowing when to buy and sell your property. Zoning laws determine which types of development are available on the property. Knowing your property's zoning laws makes it simpler to find the right buyer when you decide to sell.
How Commercial Real Estate Attorneys Help Businesses
Commercial real estate transactions necessitate a comprehensive understanding of business and real estate law, real estate and financial transactions, and tax implications. Astute real estate attorneys will keep you apprised of terms and legalities, inform you of potential challenges that may arise in the negotiation and purchase process, and help you obtain the best purchase terms to support your business goals.
Purchase and Sales Agreements
A well-written purchase or sales agreement clearly defines the buyer's and seller's obligations, rights, and liabilities. The details of the contract will save you time, and money should conflict arise.
A lease agreement outlines such terms as the lease start date, rent, renewal details, and additional liabilities. Both tenants and owners benefit from enlisting a real estate attorney to review the details of the lease.
New Construction Agreements
Do you know your buyer rights when purchasing new construction? A real estate attorney should review any documents or contracts prepared by a builder to ensure your buyer's rights are protected.
Under eminent domain, it is possible the government could take ownership of a commercial property for public use. Property owner rights vary by state; an experienced real estate attorney can be a valuable asset when eminent domain issues arise.
Title Insurance or Title Exams
Title insurance is a critical element of a commercial real estate transaction. A real estate attorney can negotiate the best deals to protect the buyer's assets.
Commercial Lease Disputes
When commercial real estate disputes arise, an attorney can help enforce your rights as defined in the lease agreement through negotiation or litigation if necessary.
When considering buying or selling commercial property, the commercial real estate attorneys in Lake Charles, Louisiana, Lundy, Lundy Soileau & South, LLC have more than 100 years of experience handling commercial and residential real estate issues. Contact Lundy Law today to discuss your purchase or sales transaction.
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Business Interruption Claims
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While many factors can contribute to commercial truck accidents, far too many are preventable. Commercial trucks can have a maximum weight of 80,000 pounds, depending on the load they carry; while the average passenger vehicle only weighs 3,500 pounds.
In addition to the weight of an 18-wheeler, the cargo it carries can also be hazardous, possibly resulting in further injury if involved in an accident. The U.S. Department of Transportation estimates that of the approximate 500,000 18-wheeler accidents per year, 5000 result in death.
Of the 5000 fatalities resulting from semi-truck accidents, seventy-two percent were occupants of other vehicles, 13 percent were pedestrian - motorcycle and bicycle riders, while 14 percent were truck drivers. Commercial trucks represent 4 percent of registered vehicles, but they cause 9 percent of annual roadway collision deaths.
Truck driver drug and alcohol use is widely believed to be the culprit of these commercial truck accidents, but statistics disagree. Roughly three percent of truck accident fatalities are the result of alcohol and drug use.
CRUCIAL FACTORS IN TRUCKING ACCIDENTS
Driver fatigue ranks at the top of the truck driver accident list. While governed by federal regulations that limit the number of hours truckers can legally drive, drivers often ignore these laws to meet the unrealistic deadlines set by the greedy company owners; that place profit above safety. Investigation of these accidents implies 13 percent of U.S. trucking accidents are due to driver fatigue. The number is likely higher than 13 percent; however, truck drivers rarely admit they fell asleep at the wheel or were overly tired.
As with passenger vehicle accidents, distracted driving moves up the list of causes, becoming a significant factor in trucking accidents. Distracted driving accounts for more than 18 percent of big rig accidents. Distraction happens in many forms; visual distraction is when a driver takes their eyes away from the road to view their cell phone screen, changes the radio, programs new GPS coordinates, or focuses on scenery or other drivers. Manual distraction is when the driver's hands are not on the truck's wheel or engaged in a task other than driving. Just like their four-wheel counterparts, truck drivers are known to engage in eating while driving.
A cognitive distraction occurs when a person's mind is on something other than driving and the vehicles surrounding them. Cell phone use is named in three types of distraction, which is why it is especially dangerous. In defiance of increasing cell phone driving laws, drivers continue to talk, text, video, skype, and zoom, as well as surf the web and watch programs while driving.
Unfortunately, when an 18-wheel driver slams his or her brakes, the truck's trailer momentum does not follow at the same speed as the truck's front, causing the trailer to swing around, also known as a jackknife. A truck that jackknifes poses an incredible danger to the vehicles surrounding the truck. A jackknifes can occur for many reasons ranging from slick surfaces to insufficient tread on the tires or taking a turn too abruptly.
TRUCK DRIVER INEXPERIENC
Commercial drivers in the United States are required to attend a thorough training program; many that share the roadway assume these drivers come out of the program fully trained with enough experience to get behind the wheel of a truck. As with most things in life, there is a precipitous learning curve to driving an 18-wheeler. Training usually includes general and specific instructions on maintenance of their vehicle, properly securing various loads, which types of loads increase the possibility of an accident occurring, and driving in various weather and traffic conditions. Hazardous and toxic waste transportation requires additional training.
Transportation companies operating in the United States are responsible for ensuring their fleet is well-maintained. Truck drivers are responsible for inspecting their vehicles, specifically the brakes and tires before driving on public roadways. 18-wheeler Accidents caused by failing equipment and poor vehicle maintenance are the responsibility of the company.
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Steps to take after a car accident was written on behalf of Lundy Lundy Soileau & South, LLP. - personal injury attorneys in Lake Charles La.
In the seconds or even minutes after a car accident, it can be challenging to think clearly. With thoughts running wildly through your head, it can be difficult to focus on what to do next. Your primary concern should be your safety, your passengers, and drivers on the roadway.
Traumatic emotions associated with a car accident cause many drivers to make mistakes that can limit their ability to gain compensation from their insurance company and the at-fault driver after the accident. Below are the steps to take after a car accident while protecting your rights.
First Step: Make sure everyone is safe and seek medical attention for the injured:
Safety is foremost; you will want to ensure the safety of all involved.
Remember safety first; the health and safety of those involved take precedent over financial considerations. Take all necessary safety precautions immediately.
Second Step: Assess the situation at the scene. Once physical safety has been established, start evaluating the accident. Here is what to do next.
Third Step: Obtain pertinent insurance information from all accident involved driver(s).
You will need the following information to settle the accident:
Additional items and information you will need to keep with the insurance information above:
By taking these initial steps, you are setting the stage for a successful case should legal action become necessary later.
Fourth Step: Call your insurance company to report the accident.
If possible, don’t delay in reporting the accident to your insurance company. It is always preferred if you are the first to initiate the accident claim with your insurance provider. Inform your insurance company of the details of the incident so they can start building your claim request. Your insurance company may decide to send an adjuster to the accident scene for assessment; This is why you should call them at your earliest convenience.
Even minor incidents need to be reported within a reasonable time frame.
The time frame can vary from company to company. Reporting the accident promptly will ensure your incident is compliant with insurance contract terms and thereby covered.
Why do insurance companies require accidents to be reported as soon as possible?
Too often, the injuries and effects of an auto accident are realized later in the day or days following the accident. Adrenaline released during the accident can prevent the body from experiencing pain, and only after the adrenaline rush subsides injuries become apparent.
Reporting the accident at the scene or shortly after provides a timeline for the insurance company. If the accident is not reported promptly, it is possible the personal injury portion of your claim could be denied.
If your wreck is serious and injury is evident, we highly recommend calling an experienced personal injury attorney immediately. Recovering compensation for serious injuries, more often and not, requires the assistance of a knowledgeable trial lawyer. When in doubt, always seek consultation, personal injury attorneys do not charge for case evaluation and are only paid when they win your case. Seeking the advice of a seasoned personal injury lawyer is the prudent thing to do.
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Car Accident Attorneys
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Why would an individual or a passenger need to hire a personal injury lawyer in Lake Charles Louisiana when injured in a car accident? We offer examples of situations where victims could benefit from enlisting the help of a personal injury attorney.
In a recent report the National Highway Traffic Safety Administration (NHTSA) shared that vehicle collisions cause $871 billion in economic loss and societal harm every year. Actual economic impact of car wrecks including medical expenditures are over $277 billion every year.
Societal injury from pain, continued suffering, decreased quality of life and loss of life costs $594 billion. Those responsible for these accidents should be made to pay these costs. The victims of those killed in a car wreck have the right to file a personal injury or wrongful death claim for compensation.
The car wreck lawyers at Lundy, Lundy, Soileau and South, L.L.P. have helped Lake Charles car accident victims recover appropriate compensation for nearly 40 years.
The National Highway Traffic Safety Administration also reports, every 10 seconds someone in the United States is involved in a car accident. Most of these accidents are avoidable, including those resulting from drunk driving, speeding, defective equipment, irregular or lack of maintenance, and other forms of negligence. Rarely do the victims of car accidents receive just and equitable insurance settlements. Your chances increase when you enlist the help of an experienced Lake Charles car accident law firm.
Our law firm can enlist the help of forensic accident specialist to identify the responsible party(s). We use the word parties, because it is possible that an automotive defect or maintenance issue contributed to the accident.
In addition, we can also enlist the assistance of medical and economic experts to more accurately determine the long-term financial impact of a catastrophic or wrongful death accident. Our Lake Charles personal injury attorneys give meticulous attention to every accident case we manage.
Passengers of a car accident are also entitled to compensation for their injuries. If you are injured as a passenger in a car wreck, see a doctor or go to the hospital immediately. Your claim as a passenger may be against all negligent parties, this could include the driver of the car you were in when the accident occurred, and the driver of other vehicle(s) involved. Information is critical as an injured passenger, . notate as much information about the circumstances surrounding the accident as possible; identify the drivers of each vehicle, year – make and model of each vehicle, weather and road conditions, identify witnesses – obtaining their contact information (name, telephone, address and if possible their driver’s license number). The information you gathered at the car accident scene may be key to you receiving compensation for your injuries.
Your Rights After a Car Accident Claim
Every driver in Louisiana is required to purchase auto liability insurance. Auto liability insurance is required in Louisiana to cover the damage and losses of a victim(s) when the policyholder is the at-fault driver. Victims should be fully compensated or “indemnified” for resulting economic and non-economic losses associated with the collision.
If an insurance company accepts their client’s responsibility, they will often settle a victim’s claim out of court. When you enlist a personal injury attorney in Lake Charles Louisiana, your attorney can send a demand letter to the insurer entreating appropriate compensation for your losses. Your attorney and the insurer will negotiate until a fair settlement is reached. Your attorney then brings the offer to you to approve or disapprove. If you agree to the settlement offer you may not change your mind after acceptance. If at this point you have not enlisted the help of a Lake Charles personal injury attorney and you are still within the prescription period, consult with an attorney be accepting a settlement. Insurance companies are notorious for pressuring victims of car wrecks into quick settlements for less than the value of their injuries. Louisiana personal injury attorneys are here to protect your rights and fight for full compensation of your losses.
If time is closing on your prescription period and you have not reached an equitable settlement with the insurer, a personal injury - litigation attorney will suggest you take your case to court. The serious injury attorneys at Lundy, Lundy, Soileau & South are experienced trial attorneys.
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Although you may have filed an insurance claim related to Hurricane Laura, any new property damage caused by Hurricane Delta will allow you to file a second insurance claim.
A principle piece of information you need to know is whether your homeowner’s insurance policy carries a hurricane, named-storm or wind and hail deductible. Homeowner’s policies carry basic all peril deductibles which generally range from $250.00 to $2,000. However, after Hurricanes Katrina and Rita, separate hurricane deductibles, named-storm deductibles, and wind and hail deductibles were common in coastal states. These deductibles typically range between two and five percent of the insured value of your home. For instance, if your home has an insured value of $200,000 with a two percent deductible, you agreed to pay $4,000 out of pocket before your insurance “kicks in.” This means if the damage to your home is $4,000 or less, the insurance company will not be responsible for paying on your claim. You can find your deductibles on the first page of your homeowner’s policy or call your agent for more information.
The Single-Season Hurricane Deductible Law was enacted in 2009, the year after back to back Hurricanes Gustav and Ike hit in 2008. A single-season hurricane deductible lessens the financial impact a policyholder must bear when multiple hurricanes cause destruction to an insured property during a single storm season (or calendar year). This law helps homeowners limit the cost of recovery if they are hit more than once during a hurricane season or calendar year.
The Louisiana Insurance Commissioner stated in 2018, that insureds are responsible for only one hurricane deductible per calendar year. That means, if additional damage makes it necessary to make a claim in connection with Hurricane Delta, the remainder of your hurricane deductible or your policy’s peril deductible, whichever is greater, will apply to the Hurricane Delta claim.
*Individuals insured under Surplus Lines Insurance Policies may incur a second hurricane deductible as insurance companies providing surplus lines of coverage are not prohibited by Louisiana State Law from assessing insureds additional hurricane deductibles. Review your policy and/or contact your agent if you are unsure whether you have a Surplus Lines Policy.
If your first claim falls below your deductible and must be paid out of pocket, document the damage of that storm with photographs and keep receipts for replacement purchases and repairs. The money spent on damages related to the initial storm or hurricane can be applied to the next deductible should you sustain damage in a second storm during that same season.
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Recovering from a serious car accident can create a significant financial burden. It is especially true when the accident requires an extended hospital stay followed by time off work to recover. If you have been injured due to the negligence of another driver, you are eligible for several types of compensation. This compensation is meant to provide you with resources you will need to recover.
Forms of Compensation Injury Lawyers Can Help You Recover?
There are four areas of compensation in a car accident claim:
Reimbursement of your car accident medical expenses can include medical costs incurred during hospital stays, attending doctor's fees, medical equipment, medication, and physical therapy. If your injuries require continuing medical care, you could be eligible for compensation to assist with future medical treatment and any necessary modifications to your vehicle or home after the accident.
Lost income compensation includes reimbursement of income for the time you were unable to work while recovering and possible future loss of wages. For example, a contractor who suffers accident-related permanent damage in his hands or legs would likely be unable to continue building. If forced into a lower-paying job, he would likely be able to sue for future income loss.
Pain and suffering
Pain and suffering refer to the emotional and physical distress the injured experienced in the course of the accident and the recovery process after.
Punitive damages are infrequently awarded in cases involving car accidents. Punitive damages are usually awarded only when the driver's conduct was exceptionally irresponsible. An example would be if the perpetrator were a drunk driver, your injury lawyer in Lake Charles, Louisiana could ask the court, or jury, to award punitive damages to prevent the perpetrator from further dangerous behavior.
Who Pays for My Personal Injury Claim?
Most personal injury claims are paid by the at fault drivers liability insurance. When the at fault driver fails to carry insurance or has inadequate insurance coverage, your UIM insurance (uninsured/ underinsured motorist) coverage kicks in to pay your expenses.
When Do I Need a Lawyer?
In a straightforward accident, when there is minor injury, minor property damage and fault is undisputed, your claim can mostly likely be settle without legal help. However, when your accident requires hospitalization and extensive recovery is necessary – your injury compensation case can get complicated and require the help of an experienced personal injury attorney in Lake Charles Louisiana.
Have You Been Injured in A Car Accident in Lake Charles Louisiana?
If you have been seriously injured in a car wreck you should seek the advice of an experienced car wreck lawyer as soon you can. Consider the personal injury attorneys at Lundy Lundy Soileau and South. Allow their legal team to help guide you through these difficult times; call 337-439-0707.
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The bulk of civil cases in the US pertain to personal injury. NHTSA (National Highway Traffic Safety Administration) reports an average of 6 million car accidents a year and another 1.5 million medical malpractice cases every year.
So how does the average person gain a fair chance at receiving compensation in a personal injury case? Lake Charles Louisiana Personal Injury Attorneys discuss a few strategies below.
Transparency is key when speaking with your attorney.
Present all the facts, even those you think will disparage you, to your injury lawyer. Don't hide or forget to share details that you think will make you look bad or you deem unimportant. It's their job to decide if a detail is important or not. Do include preexisting medical conditions as these will usually come out anyway. Your personal injury legal team can only do their job effectively when provide with all relevant information.
Keep the details of your case to yourself.
Don't talk about your accident until you hired an attorney who can guide you. Somethings said loosely can be used on record and against you by the offending party's legal team. Stray comments or offering information not asked for can dismantle your case.
DO NOT speak to the insurance company representatives.
All comments made to the insurance company are on record. Often, insurance company representatives will manipulate the conversation to extract information that can damage your case. If an insurance representative calls, let them know you are working with an attorney and give them your attorney's information. Your attorney will provide the details of the accident and arrange a call when he or she can be on the call with you.
Do you have what it takes for a legal battle.
Legal action takes time, do you have the time to battle the insurance company? Many clients don't think about this before engaging in legal action.
Avoid lawyers that promise large awards or big compensation without fully understanding your case. Ostentatious attorneys can seem impressive with their legal speak, but this does not equate to skill in the courtroom or at the negotiating table,
Do Your Homework.
When doing due diligence on attorneys and cases like yours, consider the most recent cases closed (within the last 5 years). This is a better gauge of what you can expect, and whether your claim will hold up in court.
Obtain a professional medical opinion.
Your attending doctor's medical opinion is critical to winning a personal injury case. Ask him or her directly - what their testimony would be if you need to go to court over your injuries. If he or she implies your injury is unrelated to the accident, your claim is in trouble. Doctors are viewed, and used as expert witnesses; their testimony can be paramount to your case's outcome. Your doctor's reputation is also crucial to your outcome.
Document evidence of the accident.
Post-accident documentation is vital to securing compensation. When possible, collect video, official written documents, and statements. The quality of your documented evidence is everything, so document the scene of the accident using a camera, or collect written or audio statements with contact information from the witnesses. Good-quality evidence is the foundation of any legal case. Collect as much evidence as possible and allow your legal team to determine relevance to your case.
Avoid discussing your case, especially on social media.
Many victims can't resist discussing the details of their case with friends and family, and even on social media. We cannot overemphasize that this can be detrimental to your award or verdict. When information is discussed in detail it can be taken out of context and most likely used against you. The old adage - not every friend wishes you well holds much truth.
You and your legal counsel are a team.
Don't disagree with or try to upstage your attorney. If you take issue or disagree with a statement made by your attorney, discuss it in private to reconcile your strategy. The attorney and client need to be in consensus to be successful.
Be patient and trust the process.
Civil claims take time to resolve. Be patient; losing stamina can work against you. Ask your attorney to keep you apprised of the progress and strategy. Impatience is a recipe for failure. You should have a general understanding of the timeline from your initial conversations with the legal team.
Understand the potential outcomes of your case.
Your legal team should be able to cover the range of possible outcomes of your case. Armed with this knowledge, discuss your physical and financial ability to endure.
A victim's character may be called into question.
When large compensation is at stake, the defendant's attorneys are known for digging into the past of the victim to damage their reputation. Be ready to have your life's choices questioned. Character assassination, while unfortunate, is frequently employed to win a case. Your attorney will advise you on steps that can help with this early in the consultation.
When is settlement a good option?
A settlement can resolve your case sooner, providing financial compensation and often allowing you to move past the accident and on with your life. Trusting your legal team is important when deciding to settle or continue the battle. That is why interviewing and finding the best personal injury attorney in Lake Charles, Louisiana, for your case is of paramount importance. You will need a legal team you can trust, with experience and knowledge to help you make educated decisions in your pursuit of justice.
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