Oil Rig Accident FAQ

Posted on by bradeg

Oil rigs can be incredibly demanding places for people to work, with constant loud noise making it difficult to communicate and certain types of accidents being more common and causing possible injuries. Any person who suffers an injury on the job while working on an oil rig will want to seek the help of a New Orleans oil rig accident lawyer.

The Bureau of Safety and Environmental Enforcement (BSEE) reports that offshore incidents in the most recent year saw 65 fatalities and 160 injuries. These incidents included 274 relating to lifting, 87 fires, 81 musters, 73 gas releases, 11 spills, seven collisions, one explosion, and one loss of well control.

 

Frequently Asked Questions (FAQs) About Oil Rig Accidents

Many victims of oil rig accidents have many questions about their rights after an accident. Here are examples of the questions people most commonly ask:

 

What are the Most Common Types of Oil Rig Injuries?

Falls are far and away one of the most common kinds of accidents on oil rigs, and falls can cause broken bones or fractures. Spinal fractures may cause paralysis. 

Working with heavy machinery can also lead to possible limb amputation injuries when equipment is misused, or there is a lack of safety procedures. Cuts and deep lacerations are also possible. 

The significant number of flammable chemicals and fuel on oil rigs makes burn injuries common as well. 

 

What if My injuries Are the Fault of Someone Other than My Employer?

In these types of cases, a person may be able to file for both workers’ compensation and a claim against the negligent party that has caused an injury. Such cases are better known as third-party personal injury claims.

A third-party claim allows victims to recover more damages than they receive under workers’ compensation. You will always want to be sure you are working with an experienced New Orleans oil rig accident attorney when you need help filing a third-party claim.

 

Why Do I Need to Hire a Lawyer for My Injury Claim?

You must understand that whatever party you are filing a third-party claim against will likely have their own attorney to defend them against liability claims. In many cases, the insurance company will be responsible for hiring a defense lawyer in these cases, and they will be working to undermine your claim by seeking proof that you were actually the one who was at fault for your injuries.

When you hire a skilled personal injury attorney of your own to handle your case, you will have somebody with legal experience on your side who will know how to deal with all the moves that a defense lawyer is likely to employ. More importantly, you could be in a situation where the insurance company is looking to settle your case, and an attorney can negotiate a full and fair settlement to your case so you can know that you are recovering as much compensation as possible.

You may very well receive a settlement offer from an insurer soon after your accident before you have even had the chance to call a lawyer. Do not think that you have an obligation to accept any such proposal because whatever offer you are receiving is probably far less than what you are entitled to, so accepting such a settlement may save you attorney fees but will also prevent you from seeking any additional compensation if the award is not enough to cover your future medical bills.

 

Call Us Today to Speak with a New Orleans Oil Rig Accident Lawyer

If you suffer serious injuries or your loved one dies in an accident on an oil rig in Louisiana, Texas, or anywhere else in the Gulf Coast region, do not try to handle your personal injury claim by yourself. Egenberg Trial Lawyers can provide diligent legal representation for you and will work tirelessly to help you get every single last dollar that is available.

 

Our firm will begin by conducting a thorough independent investigation into your accident to secure important evidence and then will take all of the steps necessary to ensure that you can make as full of a recovery as possible. You can call (504) 229-3117 or contact us online to schedule a free consultation with our New Orleans oil rig accident lawyer.

Do You Need a Lawyer after a Drunk Driving Accident?

Posted on by bradeg

Many people who suffer injuries in accidents caused by drunk drivers can believe that hiring an attorney will not be necessary because negligence is clear in their case, but the same people need to understand that there can still be complications in recovering financial compensation that make it important for any victim to invest in retaining legal counsel. When you are dealing with any kind of injury or death stemming from a drunk driving accident in Louisiana, you can only benefit from having a New Orleans drunk driving accident lawyer on your side.

The most recent Louisiana Department of Transportation and Development Traffic Safety Data Report shows that 40.1 percent of traffic fatalities in the state were alcohol-related. The statistics also showed that 301 of 762 fatal crashes involved alcohol, with drivers having blood alcohol concentrations (BACs) of 0.02 or greater accounting for 225 crashes, drivers having blood alcohol concentrations (BACs) of 0.10 or greater accounting for 167 crashes, drivers having blood alcohol concentrations (BACs) of 0.2001 or greater accounting for 55 crashes.

 

Reasons Why a Personal Injury Attorney is Important for Drunk Driving Accident Cases

When you suffer injuries in an accident caused by a drunk driver, you are right to want to seek as much financial compensation as will be possible in your case. You should not count on an insurance company for the negligent driver to be willing to provide that, though.

Chances are very likely that an insurance company will do whatever it can to minimize what it pays you, even when its driver was clearly under the influence at the time of a crash. When you have a lawyer working on your behalf, they will know how to negotiate the fairest and fullest settlement to your case effectively.

By retaining legal counsel, you will have a far better chance of recovering all of the different kinds of damages that may be applicable in your case. For example, you may be entitled to compensation for medical bills, lost wages, rehabilitation expenses, and many noneconomic damages like pain and suffering, emotional distress, or others.

Another important aspect of a drunk driving case is that the negligent driver may not be the only party who is liable in your case, and an attorney will benefit you by determining every single party that could be held responsible. Louisiana does not have the same dram ship laws as other states that allow people to sue merchants or social hosts who intoxicate guests, but there are certain exceptions to Louisiana Revised Statute § 2800.1.

While the state law essentially provides that drunk drivers are the only ones responsible for their actions, three important exceptions exist to this law. First, an establishment can be liable for selling alcohol to a person who was under the legal drinking age, a party can be liable if they forced an individual against their will to become intoxicated, or a party could also be liable for serving non-alcoholic drinks that actually contained alcohol. 

 

Call Us Today to Speak with a New Orleans Drunk Driving Accident Lawyer

Did you suffer severe injuries or did your loved one die in a drunk driving accident in Louisiana, Texas, or another location in the Gulf Coast region? Make sure that you do not fail to contact Egenberg Trial Lawyers for complete assistance in recovering the most possible compensation for your injury case.

Our firm knows how to investigate drunk driving crashes and identify every single liable party, so you will be confident that you are able to get as much money as is available in your case. Call (504) 229-3117 or contact us online to set up a free consultation with our New Orleans drunk driving accident lawyer.

Common Signs of Nursing Home Abuse

Posted on by bradeg

People who take the steps to have family members placed in nursing homes also deal with an enormous amount of trust being handed to the employees of such nursing homes to care for their loved ones, so it becomes absolutely chilling when a person sees signs that their loved one may not be getting the best possible care. Any person who suspects that a nursing home in Louisiana or the greater Gulf Coast region has been abusing or neglecting their loved one will want to speak to an experienced New Orleans nursing home abuse and neglect lawyer.

 

The National Center on Elder Abuse (NCEA) reports that studies found at least one in 10 community-dwelling older adults experienced some kind of abuse in the prior year, with the prevalence of mistreatment most often including psychological abuse (33.4 percent), physical (14.1 percent), financial (13.8 percent), neglect (11.6 percent), and sexual abuse (1.9 percent). The Centers for Disease Control and Prevention (CDC) reports that over 643,000 older adults were treated in the emergency department for nonfatal assaults during one 15-year period, while more than 19,000 homicides occurred.

Possible Signs of Nursing Home Abuse

It is not always easy for family members to see the immediate signs of abuse or neglect. Staff members know that certain signs will be evident to family members and may create stories that serve as excuses to cover for abusive or neglectful behavior.

Some of the most common signs can generally include the following

 

Physical Abuse

Bedsores or pressure ulcers, a lack of personal hygiene, and dehydration or malnutrition are common signs of neglect, but broken or fractured bones, bruises, burns, and welts on the skin, cuts, lacerations, and skin tears, head or dental injuries, unexplained weight loss, residents being unwilling to speak in front of certain staff members, and any injury requiring medical treatment can all be signs of physical abuse.

 

Emotional Abuse

An older adult may be the victim of emotional abuse if they display anxiety or depression, lowered confidence and self-worth, an onset of aggressive or violent behavior, substance abuse, suicidal thoughts or actions, or trauma and posttraumatic stress disorder (PTSD) symptoms.

 

Sexual Abuse 

Bruises or welts around the genitals, inappropriate physical contact with staff members, and unexplained sexually transmitted diseases (STDs) can all be signs of sexual abuse.

 

Financial Abuse

Any changes to a power of attorney, opening new credit cards or bank accounts, and strange transactions or charges can all be signs of possible financial abuse of a resident.

 

People should also look for signs from staff members that may be indicative of abuse, including:

  • Any failure to respond to a request for assistance from a resident
  • Improperly providing medications
  • Failure to respond to concerns about conflicts between residents
  • Poor planning when moving residents between floors or rooms
  • Showing any kind of disrespect toward residents

 

Call Us Today to Speak with a New Orleans Nursing Home Abuse and Neglect Lawyer

If you fear that your loved one is the victim of nursing home abuse or neglect in Louisiana, Texas, or anywhere else in the Gulf Coast region, make sure that you are quick to seek legal representation for assistance in getting help. Egenberg Trial Lawyers can work tirelessly to make sure that you can get justice for your loved one and also recover compensation.

 

Our firm knows that many nursing homes are reluctant to admit that they might not have the best staff to deal with their residents, but we also know how to hold these parties accountable. You can call (504) 229-3117 or contact us online to arrange a free consultation with our New Orleans nursing home abuse and neglect lawyer.

Can You Sue a Bar for Overserving Someone that Caused an Accident?

Posted on by bradeg

While dram shop laws can often impose potential liability on businesses selling alcohol to patrons who later cause injuries, Louisiana has dram shop laws that are much more limited than other states. If you need help identifying potentially liable parties for your drunk driving accident in Louisiana, you will want to speak with a New Orleans drunk driving accident lawyer.

 

The National Conference of State Legislatures (NCSL) notes that 30 states have statutory provisions allowing certain licensed establishments to be liable for selling or serving alcohol to people who cause injuries or death as a result of intoxication, but 22 of the 30 states statutorily limit the liability to cases where an establishment sold or served alcohol to an obviously intoxicated individual or a person under the legal drinking age. The NCLS also points out that statutes in Louisiana exempt licensed establishments from liability except in the cases where they serve a person under the legal drinking age. 

 

Louisiana Dram Shop Laws

Louisiana Revised Statute § 2800.1 is the state law governing dram shop claims, and Louisiana Revised Statute § 2800.1.B states that no party selling or serving intoxicating beverages to a person over the age for the lawful purchase can be liable for any injury suffered off the premises because of the intoxication of a person to whom the intoxicating beverages were sold or served. Under Louisiana Revised Statute § 2800.1.C, social hosts serving alcohol are also immune to liability.

 

Louisiana Revised Statute § 2800.1.E does provide one important exception: The limitation of liability does not apply to any person causing or contributing to consumption of alcoholic beverages by force or by falsely representing that beverages are non-alcoholic. In these types of cases, then a merchant or social host may be liable.

 

Another possible exception could be for cases in which establishments sell alcohol to minors under 21 years of age. Pence v. Ketchum, 326 So.2d 831 (La.1976) was a Supreme Court of Louisiana decision that held that an alcoholic beverage retailer’s sale of alcoholic beverages to an intoxicated person in violation of Louisiana Revised Statute § 26:88(2) gave rise to a cause of action by the patron who suffers injuries as a result of the intoxication.

 

In that case, the plaintiff was a patron of a bar who brought his action against the owners of the bar and another party to recover damages for injuries he suffered when she was struck by an automobile after being ejected from the bar in an intoxicated condition. His action was based upon Articles 2315 and 2316 of the Louisiana Civil Code.

 

The district court dismissed the lawsuit on an exception of no cause of action filed by the owners of the bar, and the Court of Appeal affirmed the district court by relying upon the Supreme Court of Louisiana’s holding in Lee v. Peerless Insurance Company, 248 La. 982, 183 So.2d 328 (1966). The Supreme Court of Louisiana noted that its decision in Lee was “widely criticized as unsound,” and most of the recent decisions have rejected the no-proximate-cause rubric, leading to it overruling Lee, reversing the Court of Appeals, overruling the peremptory exception of no cause of action, and remanding the case to the district court.

 

While Louisiana state law is generally unfavorable for dram shop claims, you should still discuss your case with an attorney to see if certain exceptions may exist in your case that can allow you to hold a third party liable. Only three years after its decision in Pence, the Supreme Court of Louisiana ruled in Thrasher v. Leggett, 373 So.2d 494 (La.1979), a case in which an intoxicated plaintiff suffered injuries in a fall when a bar bouncer attempted to eject him, that the plaintiff’s injury was not caused by a breach of duty by the bar owner or bouncer but rather by the plaintiff’s own unruly behavior. 

 

Call Us Today to Speak with a New Orleans Drunk Driving Accident Lawyer

If you sustain serious injuries or your loved one dies in an accident caused by a drunk driver, you will want to be sure you know every single party who may be accountable. Egenberg Trial Lawyers has decades of experience handling these types of cases and will be able to assist you in recovering as much compensation as possible.

 

Our firm will quickly conduct our own independent investigation into your crash and then be able to determine every single party you could be able to hold responsible, negotiating for a fair and full settlement to your case. You may call (504) 229-3117 or contact us online to receive a free consultation with our New Orleans drunk driving accident lawyer.

Slip and Fall Hazards in the Office

Posted on by bradeg

Many of us prefer to believe that our workplaces are safe spaces that allow people to come and go freely without issue, but the unfortunate truth is that many office spaces throughout the country actually involve several significant dangers that can increase the likelihood of slip and fall accidents. Any person who suffers injuries in a slip and fall accident at work will want to be sure they are working with a New Orleans slip and fall accident lawyer.

 

The National Safety Council (NSC) reports that 42,114 people died in falls at home and work during the most recent reporting year. The victims included 805 workers killed by falls, with 211,640 being injured badly enough to require days off of work.

 

Common Reasons Slip and Fall Accidents Happen at Work

Many slip and fall accidents at work can involve the possible effects of adverse weather, so employers must be sure to take steps to clean up messes involving workers tracking in water from rain or snow. Some of the other common kinds of workplace hazards may include:

Cluttered Workspaces

Any workplace where employees have numerous cords or other objects out in walkways increases the likelihood of a person tripping and falling. Employers have to take measures to force employees not to infringe on walkways.

Staircases

Staircase accidents may stem from various causes, including irregular steps, poor lighting, objects or other hazards being left on stairs, broken handrails, and steps in unexpected places. People should take their time navigating stairs and use caution when they see any warning signs. 

Escalators

Escalator steps may not be the proper height for usual walking. People should avoid using escalators as stairs if the escalators are not operating. 

Uneven Floor Surfaces

Walkways could crack because of storm damage or other causes and can also be common places for water to collect. People must be cautious when walking outside in bad weather.

Ramps

Many workplaces have ramps for assisting disabled individuals, but such ramps can become slippery when it rains or snows. Increased slopes can then become difficult to navigate, and people should not underestimate the risks of ramps with a low rise, especially when they have no handrails.

Parking Lots

Parking lots can be especially perilous places to walk, often because of inadequate lighting at night after work. Be mindful of any irregular surfaces and speed bumps if your office has them, as even though most speed bumps are painted in a bright color, some may still be difficult to see.

 

 

Call Us Today to Speak with a New Orleans Slip and Fall Accident Lawyer

Did you suffer catastrophic injuries or did your loved one die in a slip and fall accident caused at the workplace? You will want to be sure that you get the help of Egenberg Trial Lawyers in holding the negligent party accountable because we will be able to help you recover every last dollar of financial compensation that is available to you.

 

Our firm understands how to investigate and then prove slip and fall cases, so you need not worry about having to deal with an insurance company alleging that you were solely at fault for your accident because we know how to prove the negligence of third parties. Call (504) 229-3117 or contact us online to take advantage of a free consultation with our New Orleans slip and fall accident lawyer.

What Do After a Scooter Accident in New Orleans

Posted on by bradeg

Electric and gas scooters are popular these days. They’re fun, affordable, and environmentally friendly. However, the popularity of scooters means there are more severe accidents. Scooter accidents are happening more often. JAMA Surgery reported that the number of e-scooter injuries in the US climbed from 4,582 in 2014 to 14,650 in 2018. 

 

Imagine if you’re hit by a driver when you’re on your scooter. You could be left with devastating injuries and a pile of medical bills. And you may not be able to work for months. What would you do? 

 

Below are essential steps to take if a driver hits you on your scooter. For more information, call a personal injury lawyer in New Orleans today.

 

Get Immediate Medical Attention 

After an auto accident, it’s essential to be seen by a doctor. But when you’re on a scooter or motorcycle, getting immediate medical attention is critical. 

 

You are entirely exposed to the violent forces of the collision on your scooter. You probably will be thrown off the scooter. You could slam into the vehicle that hit you, the ground, or both. There is a high probability you have serious injuries, which might include: 

  • Broken bones
  • Head trauma
  • Back injuries
  • Cuts and scrapes
  • Internal injuries
  • Joint injuries

 

Some scooter injuries may be apparent right away, but not always. For example, you could have internal bleeding or a concussion that you don’t notice for a day or two. That’s why it’s essential to get medical attention right away. 

The doctor will document all your injuries and ensure you get the treatment you need. Also, documenting your injuries immediately will help your personal injury attorney file a successful claim or lawsuit. 

 

Obtain the Police Report

The police should respond to the scooter accident. So you should ask for a copy of the police report at the crash scene. But if you’re too injured, you can contact the police later to receive a copy. You also can usually order a police report copy online. 

 

Even if you’re still in the hospital, now is the time to contact a scooter personal injury attorney. The sooner you get a lawyer the better. Even if the other driver was at fault, you still could say something that hurts your case. Therefore, you should only discuss the issue with your attorney present. 

 

Remember to choose an attorney with a lot of personal injury experience, ideally in scooter and motorcycle accident cases. 

 

Additional Scooter Accident Tips

After you have had medical attention and retained a lawyer, we recommend these guidelines: 

  • Don’t provide the other insurance company with a recorded statement unless your attorney is there. 
  • Don’t talk about your scooter accident on social media. 
  • Provide all of your medical bills and other accident-related documents to your attorney. 
  • If you are seriously injured and will miss a lot of work, give your attorney as much information about your job and salary as possible. Loss of future earnings can be a large part of a personal injury settlement. 

 

Call Us Today to speak with a New Orleans Personal Injury Lawyer

A scooter accident can leave you with debilitating injuries, medical bills, and lost wages. Egenberg Trial Lawyers can help you get compensation for your damages and other losses. Contact us today at (504) 229-2863. 

Back To School Safety Tips

Posted on by bradeg

 

Summer is drawing to a close. This means your children are heading back to school for another fun year. Unfortunately, every new school year increases the risk of dangers, including car and pedestrian accidents. For instance, the CDC reports that one out of five kids under 15 who died in auto accidents were pedestrians. 

Fortunately, the back-to-school safety tips below can ensure you and your children stay safe this school year. 

 

Teach Children To Watch For Road Hazards

 

Keeping pedestrians and bike riders safe is possible with the simple tips below. Make sure your kids know these rules and practice them daily: 

  • Stop, look, and listen at every intersection. 
  • Put away anything that is a distraction, such as a cell phone. For example, don’t use earphones when walking or riding a bike to school. 
  • Wear reflective gear and have functioning lights or blinkers on bikes. 
  • Go over bicycle safety laws every year with your children. 

 

Also, consider carpooling to keep young children safe. However, if your child is old enough to drive, you should review driving safety tips at the start of every school year. Most importantly, cell phones should be shut off while the car is in motion. 

 

Bus Safety Tips

Many serious and fatal accidents involving children happen on and near school buses. Remind your child to arrive at their bus stop five minutes before it’s supposed to come. Also, tell them to: 

  • Stay at least five steps from the curb as the bus approaches. 
  • Always wait until the bus is at a complete stop and the driver tells you to board. 
  • Then, sit facing forward on the bus. 
  • Exit the bus after waiting for it to come to a complete stop. Look left-right-left when exiting and crossing the street. 

 

Bicycle Safety Tips

Do your kids ride a bike to school? This is an excellent way for them to get outdoors, exercise, and enjoy the fresh air. Keep them safe during the school year by reviewing these tips: 

  • Wear an approved helmet that is appropriately fitted. Make sure the chin strap is fastened. 
  • Ride the bike in the same direction as traffic. Follow all signals and traffic signs just as drivers do. 
  • Use a bike lane whenever there is one. 
  • Don’t use cell phones while on the bike. They’re distracting and make hearing difficult. 

Pedestrian Safety Tips

If your child walks to school or to the bus stop, these safety tips are critical: 

  • Walk on the sidewalk if there is one. If not, walk on the road shoulder towards traffic. 
  • When available, use a marked crosswalk when crossing the street. Look left, right, and left again for cars or bikes before you cross. 
  • Be sure you don’t play around or shove others when walking near traffic. 
  • All pedestrians should look at the sidewalk or road and not their phones. 

Injured? Contact Egenberg Trial Lawyers Today! 

The back-to-school safety tips above should keep your children safe this school year. If you are in an accident in New Orleans, you could face medical bills, lost earnings, and other expenses. Egenberg Trial Lawyers can help you get compensation for your losses and damages. Contact us today at (504) 229-2863. 

 

Do You Need to See a Doctor after a Slip and Fall?

Posted on by bradeg

If you are asking whether you need to seek medical attention after any type of accident, a New Orleans personal injury attorney will tell you the answer is always yes, regardless of the circumstances. Simply put, medical treatment is the primary reason that insurance companies will seek settlements, and you are not likely to get any kind of settlement offer when you fail to see a doctor. 

 

You should never minimize the risk of any slip and fall accident because many falls have the potential to cause debilitating injuries, so prompt treatment is always a good idea. All falls deserve to be taken seriously, especially when they involve older adults.

 

The Importance of Medical Attention

The primary reason to seek medical care after a slip and fall concerns your health. Even when you feel fine after a fall, it is far from uncommon for people to suddenly feel twinges of pain or other discomfort days later because of injuries they were not aware they had sustained.

 

The bottom line is that you do not know how a slip and fall might have hurt you, so it is always a good idea to have a doctor perform a complete evaluation that ensures you did not suffer an injury that may present more lingering symptoms later on. Consider how many soft-tissue injuries present no visible signs of injury but end up causing extreme pain later on.

 

Beyond the immediate injury care, you also need to be mindful of what caused your fall and whether you could be at risk of falling again. The Centers for Disease Control and Prevention (CDC) states that falling once will double your chances of falling again, so you will want to get advice from your doctor or another medical professional about how you can best keep yourself safe.

 

The Importance of a Medical Record

Medical records will be crucially important for establishing that another party was at fault for your fall. The records help prove not only that a slip and fall accident caused your injuries but also contributed to your medical bills, lost income, and any other damages you are seeking. 

 

The burden of proof (meaning the obligation on a party in a dispute to provide sufficient evidence for its position) will be on you to demonstrate that you suffered compensable damages, and medical records can serve as:

  • Direct evidence of injuries with emergency room records, doctor’s notes, a diagnosis, recommended treatment, and other medical documentation can serve as important forms of evidence. 
  • Proof of damages that show an insurance company that you were seriously injured.
  • Indications of what an injury case is worth because medical records will include the exact prices of hospital stays, surgeries, rehabilitation, and prescriptions. 

 

The Health Insurance Portability and Account Act (HIPAA) allows you to request a copy of your medical records, and when you are not sure which records you will need, you should talk to a personal injury lawyer. You may have to sign a HIPAA request form that will allow the attorney to request the appropriate records on your behalf. 

 

Call Us Today to Schedule a Free Consultation with a New Orleans Personal Injury Attorney

Did you suffer serious injuries in a slip and fall accident in the greater New Orleans area? You will want to be sure you have Egenberg Trial Lawyers on your side for help recovering every last dollar that is available to you.

 

Our firm can conduct a thorough independent investigation into your fall and secure the evidence necessary to demonstrate another party was at fault before negotiating a full and fair settlement that covers all of your personal expenses or we can take the case to trial when necessary. Call (504) 229-3117 or contact us online to arrange a free consultation so we can take the time to discuss all of the details of your case with you and outline what steps you should take to achieve a full recovery.

What Happens if Your Child Gets Hurt at School

Posted on by bradeg

Many parents in Louisiana have a reasonable expectation that sending their children off to school in the morning means they will be in safe circumstances for the remainder of the day, but the unfortunate truth is that kids of all ages can end up suffering serious injuries in several kinds of accidents that could occur on school property. Parents are often left completely clueless about what legal rights they have in these situations and who can be held accountable, which is why your first move needs to be to contact an experienced New Orleans child injury attorney.

 

Parents need to understand that child injury cases can be much more complex because the type of school (public vs. private) can impact the statute of limitations (or time limit) in these cases, and many parties who end up being defendants often claim that the children themselves were at fault for their injuries. You will want to have legal representation for assistance in presenting the strongest possible claim for damages in any kind of legal action.

Common Causes of School Injuries

Children spend a majority of their days on school grounds, so it is not uncommon for most injuries involving children to occur at schools. While many people working at schools certainly try to keep kids safe and avoid accidents, there are a number of situations in which some form of negligence leads to a child suffering injuries in an accident.

 

Some of the most common kinds of accidents involving children include, but are not limited to:

  • Slip and fall accidents
  • Falls from heights
  • Sports injuries
  • Food poisoning
  • Playground accidents
  • Fighting
  • Toxic exposure

School Liability

When a parent knows a school is responsible for their child’s injury, holding the school liable can be a difficult task. You need to understand that the traditional statute of limitation that allows people one year to file injury claims in a court of law may not always be applicable.

 

Public schools are governmental entities, and certain parishes in the New Orleans area may impose limits much shorter than one year. You may have to take legal action within 90, 60, or even 30 days, so it is incredibly important that you retain legal counsel as soon as possible.

 

The other area of primary concern with a personal injury action involving a child is that the party who is a defendant is very likely to claim that a child was at fault for their injuries, and Louisiana recognizes the doctrine of comparative negligence, which allows a court to reduce a plaintiff’s award by their share of negligence for an accident so a person who is found to have been 50 percent responsible for their accident only recovers half of their actual award. You will want to have a lawyer who can argue that your child should not be held to this same standard since children simply do not have the same appreciation of risks an adult should have, and school officials have an obligation to ensure that children do not expose themselves to unnecessary risks.

Types of School Accident Injuries

Children can suffer a wide range of injuries in school accidents, and perhaps no injury is more devastating than a traumatic brain injury (TBI), which can lead to a lifetime of struggle for a child. The Centers for Disease Control and Prevention (CDC) found that there were approximately 640,000 TBI-related emergency department visits, 18,000 TBI-related hospitalizations, and 1,500 TBI-related deaths among children 14 years of age or younger in 2013, and the leading causes of TBIs were unintentional falls and being struck by or against objects, while sports and recreational activities accounted for an estimated 325,000 TBI-related emergency department visits among children and teens in 2012.

 

Other kinds of injuries can include:

  • Cuts, scrapes, and bruises
  • Black eyes
  • Broken bones or fractures
  • Sprains and strains
  • Concussions
  • Dislocations
  • Internal organ damage
  • Burn injuries
  • Illnesses such as those from toxin exposure or food poisoning
  • Spinal cord injuries
  • Traumatic brain injuries (TBIs)
  • Back injuries
  • Neck injuries
  • Eye injuries
  • Chemical injuries
  • Nerve damage 
  • Severed limbs
  • Hearing damage
  • Sprains
  • Head and face injuries
  • Soft-tissue injuries
  • Emotional or psychological injuries

Call Us Today to Schedule a Free Consultation with a New Orleans Pedestrian Accident Attorney

Did your child suffer severe injuries in an accident at their school in the New Orleans area? Make sure you get in touch with Egenberg Trial Lawyers for diligent legal representation in the handling of a personal injury claim.

 

Our firm understands how complicated these cases can be and will work tirelessly to make sure you are able to get a measure of justice for your child. Call (504) 229-3117 or contact us online to set up a free consultation so we can evaluate your case and answer all of your legal questions.

Boat Accidents Often Leave Victims with Serious Injuries

Posted on by bradeg

As the Louisiana Travel website notes, water is abundant throughout the state and the website has nine pages of locations with boating locations. As thrilling and joyous as a boating experience can be in the Pelican State, accidents do occur and victims need to be quick to contact a New Orleans boat accident attorney for help recovering financial compensation to cover the costs of treating their injuries and dealing with all of the other assorted costs that can stem from these accidents.

Virtually all boat accidents will involve some kind of negligence by a boat operator, and victims can be entitled to pursue damages for the many ways in which their lives have been turned upside down. You may be able to recover not only compensation for past and future medical bills, but also lost wages, mental anguish, and pain and suffering.

 

Common Causes of Boat Accidents

Boating accidents may stem from a number of possible causes. One of the primary reasons you will want to have legal representation is so your lawyer can conduct their own independent investigation into your crash to determine how the accident occurred and who can be held responsible.

 

Some of the most common causes of boating accidents include, but are not limited to:

  • Alcohol
  • Operator error
  • Environmental causes
  • Equipment failure
  • Grounding
  • Sinking
  • Falling overboard
  • Fires
  • Breakdowns
  • Speeding
  • Lack of proper safety gear
  • Inclement weather
  • Improper lookout
  • Machinery failure
  • Violations of navigational rules
  • Wave forces

Who is Liable for a Boating Accident?

One of the first questions many people will have after a boating accident is who can be held responsible for the accident? The answer to this question always varies depending on the specific circumstances of a case.

 

In general, the most common liable parties often include:

  • Boat owners or operators
  • Boat manufacturers
  • Boat rental companies
  • Other passengers or crew members
  • Government agencies

Types of Boat Accident Injuries

Boating accidents have the potential to cause a wide range of possible injuries, some of which could be life-threatening. When a person is killed in a boating accident, the family often has the right to file a wrongful death claim.

 

Should victims be fortunate enough to survive, they mays till suffer such injuries as:

  • Soft-tissue injuries
  • Broken bones or fractures
  • Traumatic brain injuries (TBIs)
  • Spinal cord injuries
  • Sprains and strains
  • Concussions
  • Dislocations
  • Internal organ damage
  • Burn injuries
  • Back injuries
  • Neck injuries
  • Eye injuries
  • Nerve damage 
  • Severed limbs
  • Hearing damage
  • Head and face injuries

Call Us Today to Schedule a Free Consultation with a New Orleans Boat Accident Attorney

Did you sustain serious injuries in a boat accident in the greater New Orleans area? Egenberg Trial Lawyers represents clients in Louisiana, Texas, and other areas on the Gulf Coast.

 

Our firm knows how to tackle these kinds of cases and help victims recover full and fair compensation that covers all of the costs they are facing because of their injuries. You can call (504) 229-3117 or contact us online to receive a free consultation that will let us take a longer look at your case and discuss all of your legal options with you.

 

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