Jones Act Claims for Injured Seamen

Posted on by bradeg

Many people rely on the waters around New Orleans and Louisiana to earn a living. While oil rigs, fishing operations, and other ships can provide quality employment prospects, these are always risky places to work and injuries can happen on a regular basis. The laws that apply to accidents on navigable waters are quite different from laws regarding accidents and injuries on dry land. One law that commonly comes into play is called the Jones Act. This is a complicated law and anyone injured on the water should contact an attorney with specific experience handling Jones Act claims.

What is the Jones Act?

The Jones Act is a federal law aimed at governing commerce traveling the ports of the United States. In addition to providing general guidelines for the maritime industry, the Jones Act also specifically provides certain rights for those injured on a vessel or while working for a maritime company. Some rights for employed seamen include:

  • To have a safe working environment
  • To file a legal claim if they are injured by the negligence of others
  • “Maintenance and cure” compensation for injuries or illnesses
  • Compensation if a vessel turns out not to be seaworthy
  • Additional damages if rightful payment is refused

Negligence that leads to injuries at sea can be attributed to the vessel owner, company owner, ship operator, or other employees who were onboard. You should consult with a skilled Jones Act attorney who can determine your rights under the law after an injury or illness at sea.

Important Compensation

An injury or illness on the water can result in a variety of losses for seamen. Conditions can require significant medical treatment, can keep them out of work, and can cause many other problems in their lives. Compensation that may be available under the Jones Act can include:

  • Costs of medical treatment
  • Lost wages
  • Future lost earnings
  • Disfigurement
  • Physical pain and suffering
  • Mental anguish
  • Costs of living while recovering from the condition

While such compensation can be extremely important for injured or ill seamen, too many people make costly mistakes in Jones Act cases that can delay or deny their compensation. Some of these mistakes include:

  • Waiting too long to report injuries or illnesses
  • Signing paperwork or accepting a settlement too soon
  • Retaining an attorney who does not regularly handle Jones Act cases

Signing on the dotted line to accept a quick payment may seem like the right thing to do at the time, however, additional losses may arise and you may be left responsible for anything not covered by your settlement. By taking the time to contact the right attorney and have them carefully review your case, you can best ensure that you are properly compensated in accordance with your rights under the Jones Act.

You Need a Skilled New Orleans Jones Act Attorney on Your Side

Egenberg, APLC regularly brings Jones Act claims for clients and we can assist you after an injury or illness on the water. Please call our maritime lawyers at (504) 229-5700 or contact us online for a free consultation.

The Dangers of Drunk Boaters

Posted on by bradeg

Driving a boat while under the influence of drugs or alcohol is not only illegal, it’s inherently risky. Drunk boating accidents are especially dangerous because passengers are typically not wearing a safety belt and the boat can be traveling at high speeds. This is such a widespread issue that the Louisiana Department of Wildlife and Fisheries (LDWF) has instituted a boat safety campaign to educate boaters on the importance of maintaining control of their craft. Even with a variety of safety course options available, it’s still likely that there will be accidents related to drunk boaters this summer. These accidents can be dangerous or even deadly.

Common Boat Accident Injuries

When you’re out on the water, a mile away from the shore, even a minor injury can become critical. Add alcohol to the mix and the chance of incurring an injury is elevated. One of the biggest issues with a drunk boating injury is that people who are inebriated might not be able to respond correctly or might delay their response. When you’re out on the water, this can make the situation even worse. Common accidents caused by drunk boaters include:

  • Broken bones
  • Deep lacerations (these are especially common in motorboat accidents)
  • Whiplash
  • Traumatic brain injury (TBI)
  • Spinal cord injuries
  • Drowning
  • A collapsed lung due to water intake

If you are injured in a boating accident, your first step should be to seek immediate medical attention. Certain injuries might not present symptoms for hours or even days after the accident. For this reason, it’s essential to visit a medical professional who can assess and properly treat your injuries.

An Experienced Personal Injury Lawyer Can Help

If you’ve been injured in a boat accident, you should focus on your physical recovery. Follow doctor’s orders and find the right attorney to help with recovering from the parties at fault. An attorney can bring a claim against a drunk boat operator or any other negligent parties. They can handle communications and negotiations with the insurance company so you don’t settle for less than fair compensation. A personal injury lawyer can also work to collect the necessary documentation to support your case, such as medical records, the official police report, and any applicable witness testimony. If necessary, an attorney can also bring litigation to collect compensation on your behalf.

Call a New Orleans Personal Injury Attorney Today

When you’re in a boating accident, injuries sustained might be just the start of your problems. Expensive medical bills, extended recovery time, and weeks away from your job can add to your stress. At the law office of Egenberg, APLC, our legal team is well-versed in this type of claim, and we are here to support and guide you through this difficult process. Call us today at 504-229-5700 to schedule a free initial consultation. We will review the details of your case and help you determine your best next steps. You can also contact us online.

An Injury Can Disrupt Your Cruise

Posted on by bradeg

 

New Orleans is a popular cruise port, especially for cruises exploring the Caribbean. Many people fly into The Big Easy to meet their cruise ships and perhaps even spend some time exploring the city. While these trips are fun for the entire family, many things can happen on a cruise that can disrupt your vacation. Accidents and injuries are more common than you may think aboard cruise ships, and may be serious. Statistics on cruise ship injuries include:

  • 448 “major” cruise ship accidents reported from 2005 to 2013
  • 101 fires occurred onboard cruise ships from 2005 to 2013
  • 79 cruise ships were involved in collisions from 2005 to 2013
  • 66 cruise ships ran aground from 2005 to 2013
  • 15 cruise ships sank from 2010 to 2013
  • An average of 19.3 people per year fell overboard from 2005 to 2014
  • About 50 crimes are reported on cruise ships per year

Those statistics involve serious accidents and do not include more minor accidents that may nonetheless cause serious injuries. Common cruise ship accidents also include:

  • Slip and falls
  • Swimming pool or hot tub accidents
  • Food poisoning
  • Staircase accidents
  • Elevator or escalator accidents
  • Accidents embarking or disembarking
  • Fitness center accidents
  • Recreational accidents (climbing walls, water slides, etc.)
  • Alcohol-related injuries
  • Accidents on cruise-owned properties

These accidents often result in injuries including broken bones, concussions, spinal cord injuries, soft tissue injuries, and more. Such injuries may require immediate medical attention and a long recovery time. You may not be able to participate in any additional activities on vacation and you may have to miss work for a period of time when you get home. Serious cruise ship accidents may even result in permanent injuries that change your life.

If you suffered injuries in an accident on a cruise, the cruise ship company may be legally responsible for your injuries and losses. The best course of action is to discuss what happened with an experienced cruise accident attorney. Cases involving accidents on the water may be governed by different laws than those involving accidents on land and you need a law firm that regularly handles these types of cases. Cruise ship companies may be liable for accidents caused by:

  • Negligence
  • Inadequate security
  • Malpractice by cruise medical staff
  • Dram shop liability
  • Premises liability
  • Products liability

You should always have a skilled lawyer fully evaluate your legal options after an injury on a cruise ship.

Discuss Your Injuries with a New Orleans Cruise Accident Law Firm

Cruise ship cases can be complicated and cruise lines typically have attorneys working to limit liability for passenger accidents. If you were injured on a cruise, you should consult with an experienced cruise accident attorney about whether you may be entitled to recover compensation from the cruise line for your injuries. The law office of Egenberg, APLC knows how to handle cruise ship accident cases and we can advise you of your rights. Contact us online or call 504-229-5700 today to schedule your free consultation.

Did You Sustain a Concussion?

Posted on by bradeg

 

Concussions are a form of mild traumatic brain injury (TBI), though the effects may be far from “mild.” Concussions can have serious symptoms and lead to dangerous complications if untreated. The signs of a concussion may be easy to disregard and vary from one person to the next. Many times, after a bump on the head, people try to brush it off and just take over-the-counter pain relievers without realizing they have a concussion. Many concussions go undiagnosed and untreated as a result.

It is important to recognize when you or your child may have sustained a concussion and seek medical attention as soon as possible. Doctors have different tests to determine whether you have any degree of brain injury and can recommend the proper course of treatment.

Common Causes

You may think concussions only result from a serious blow to the head. However, even a seemingly minor head impact has the potential to damage delicate brain tissue. In addition, a sharp jolt to the body that causes a jerk to the head can cause the brain to impact the inside of the skull, causing a concussion. In other words, a concussion can happen even without hitting your head. The following are some types of accidents or incidents that may result in a concussion or a moderate to severe TBI:

  • Pedestrian accidents
  • Car and truck accidents
  • Bicycle accidents
  • Motorcycles accidents
  • Slip and falls
  • Getting hit by an object
  • Sports accidents
  • Shaking an infant
  • Assaults

If any of these—or anything else that causes a blow or jolt to the head—happens to you, see a medical professional as soon as possible. Many symptoms of a concussion may not show up for hours after the accident. Even if you feel fine, you may have suffered a concussion injury.

Signs of a Possible Concussion

The symptoms of a concussion vary based on the degree of injury, the location of the injury on the brain, and other factors related to the victim. Some people mistake their symptoms as shock or disorientation from the accident itself when in reality, they have suffered a brain injury. Because there is no definitive list of signs to watch for, anything out of the ordinary should be a sign to seek medical help. The signs of a concussion include:

  • Fatigue or sleepiness
  • Headaches
  • Confusion
  • Loss of consciousness for any period of time
  • Dizziness
  • Feeling pressure in your head
  • Problems remembering what happened
  • Feeling dazed
  • Slurred speech
  • Nausea
  • Delayed thought processing and answering questions

A New Orleans Brain Injury Lawyer Is Here to Help You

Concussion victims should get a medical diagnosis and may require time off work or school to rest and recover. If your concussion occurred because of another party’s negligence, you should contact an experienced personal injury attorney who understands traumatic brain injuries and can help you recover compensation for your injuries. Please consult with Egenberg, APLC for free by contacting us online or calling 504-229-5700 today.

Safety Discussions to Have With Your Children

Posted on by bradeg

Children often engage in activities involving high risks of injury, without appreciating those risks like adults. Parents can help reduce accidents and injuries by discussing simple safety practices with their children. However, many parents are not fully aware of ways to improve their children’s safety.

Here are a few safety tips you can share with your children to help keep them safe and prevent common accidents:

Bicycle safety – Biking is fun for kids and a great outlet for energy. However, biking is also dangerous. Kids should be aware of the risks of getting hit by cars or falling and hitting the sidewalk, pavement, or curb. They should know to always wear a helmet that properly fits their head, as well as brightly colored clothing and other safety equipment.

Pedestrian safety – Many kids walk to school or a neighbor’s house to play on a regular basis. You should explain the dangers of getting hit by a car to your child and talk about using crosswalks, waiting for walk signals, and avoiding crossing the street as much as possible. Set boundaries for your kids when they are walking, especially anywhere near busy streets. Also, discuss never getting into a car with anyone, as well as how to handle strangers who try to approach them.

Burns and scalds prevention – Children can incur serious burns from everyday activities like cooking, grilling, and even excessively hot baths. Turn your water heater down and teach children that stoves, ovens, pots and pans, grills, and any form of flame—even just candles—can seriously hurt them. Remind children to always ask for help or permission before going near anything hot or using the microwave. Don’t let children run and play in the kitchen while you are cooking, and don’t leave a skillet or pan on the front of the stove where a child can reach the handle.

School bus safety – Riding the bus poses another set of potential dangers for your child. First, teach your child to stand back from the curb when the bus approaches or drives away. Your child should wait until the bus stops completely and the driver opens the door before stepping off the curb. Second, teach your child how to cross in front of the bus, if necessary, by leaving plenty of space between themselves and the front of the bus, making eye contact with the driver, and looking both ways before crossing the street.

Call a Trusted New Orleans Personal Injury Attorney Today

We hope these suggestions on safety conversations to have with your child help prevent accidents and injuries. Unfortunately, children sometimes get hurt in accidents that could have been prevented, or because someone else acted negligently. If your child has been hurt in an accident because of another person’s negligence, you should not wait to call a New Orleans personal injury lawyer at Egenberg, APLC. Contact our office online or call us at 504-229-5700 to learn more about how we can help you and your children today.

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