Pedestrian Accidents in NOLA

Posted on by bradeg

According to the Louisiana Crash Data Reports website, 181 pedestrians were killed and 1,146 suffered injuries in traffic accidents in 2021, while 181 were projected to be killed and 1,221 were projected to suffer injuries in 2022. The fatality total marks the highest figures of the five years dating back to 2017, and anybody who sustains injuries or loses a loved one in a pedestrian accident in Louisiana should be sure to contact a New Orleans pedestrian accident attorney.

 

The National Highway Traffic Safety Administration (NHTSA) reports that the 6,283 pedestrians killed in traffic crashes were a 3.4-percent increase from the 6,075 pedestrian fatalities in 2017, and an average of one pedestrian was killed every 84 minutes in a traffic crash in 2018. NHTSA also stated that pedestrian fatalities are far more common in urban areas than rural areas (81 percent compared to 19 percent), and both Louisiana Crash Data Reports and NHTSA found that alcohol involvement was a common factor present in nearly half of these crashes.

 

Causes of Pedestrian Accidents

Pedestrians are usually walking on sidewalks or maybe on the sides of roads in Louisiana, so they are often trying to avoid any involvement with traffic. Nonetheless, pedestrians become victims in traffic accidents when drivers of motor vehicles commit negligent acts that compromise their safety.

 

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

  • Driving under the influence (DUI) of alcohol or drugs
  • Distracted driving
  • Aggressive driving
  • Speeding
  • Left-hand turns
  • Unmarked crosswalks
  • Rolling stops
  • Defective traffic lights
  • Failure to yield right of way
  • Inclement weather
  • Disregarding traffic control signs or signals
  • Road construction

 

Common Sites of Pedestrian Accidents

Pedestrians can be struck by motor vehicles in a wide variety of circumstances. Some of the most common locations where these types of accidents occur include, but are not limited to:

  • Intersections
  • Roadsides or shoulders
  • Parking areas
  • Paths or trails
  • Roadways
  • Facilities
  • Public areas

 

Types of Pedestrian Accident Injuries

A pedestrian crash poses a grave risk to a pedestrian because people who are traveling on foot have little to no protection should they be struck by a motor vehicle. Whereas drivers and other vehicle occupants have seat belts, airbags, and many other forms of protection, pedestrians are exposed to all kinds of harm because they have virtually no protection.

As a result, pedestrians can suffer injuries that may include:

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

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

Did you suffer severe injuries or was your loved one killed in a pedestrian accident in the greater New Orleans area? Egenberg Trial Lawyers represents individuals and families all over Louisiana, Texas, and the Gulf Coast region, so we can fight to make sure that the negligent party is held fully accountable in your case.

 

Our firm will be able to conduct an exhaustive and thorough independent investigation to secure the evidence necessary to prove that another party bears responsibility for your crash and then make sure you receive all of the appropriate financial compensation to cover every expense you are now facing and will have to pay in the future. You can call (504) 229-3117 or contact us online to schedule a free consultation that will allow us to review your case and discuss all of your legal options.

Summer Break Safety Tips for Kids

Posted on by bradeg

Summertime is a joyous period of the year for children because they are no longer in school and are essentially free to partake in all kinds of activities for their own pleasure. The problem for most parents is that kids who are engaging in more activity also face certain dangers, and any parent whose child suffers injuries in an accident in Louisiana will want to contact a New Orleans child injury attorney.

Among the best things a parent can do this time of year is simply prepare for possible dangers and have plans that help children avoid dangerous situations. Proper guidance and support can help keep your kids safe and have a healthy and fun summer.

 

Make Sure to Keep Watch To Prevent Drownings

The good news is the Centers for Disease Control and Prevention (CDC) found that the rate of unintentional drowning deaths among children 0 to 17 years of age declined by 38 percent between 1999 and 2019. Swimming pools were the most common drowning sites for children ages 1–4 and 5–13, while natural bodies of water were the most common for ages 14–17.

A drowning can occur in a matter of mere seconds. This is why it is critical that parents make sure that there is always an adult who is making sure to keep an eye on all children who are playing in the water.

When you are taking children out on boats, then life jackets are an absolute must. Make sure the jackets are properly fitted.

Leave the Fireworks to the Adults

The United States Consumer Products Safety Commission (CPSC) reported that firework injuries increased 25 percent between 2006 and 2021. Nine people were killed in 2021 while another 11,500 suffered injuries.

The highest estimated rate of emergency department-treated, fireworks-related injuries in 2021 was among young adults 20 to 24 years of age. Never allow any young children to play with or ignite fireworks, even sparklers, which can burn at temperatures of approximately 2,000 degrees Fahrenheit, hot enough to melt certain metals.

 

Do a Car Safety Check

Adults need to remember that Louisiana Revised Statute § 32:295 requires every driver transporting a child or any children under 18 years of age in a motor vehicle that must be equipped with a safety belt system or by lower anchors and tethers for children according to federal safety standards in a passenger seating position to have the child properly restrained according to the vehicle and child safety seat manufacturer’s instructions. Should you .need assistance installing a car seat, you should know that Louisiana has Child Passenger Safety Fitting Stations that can be found throughout the state with more than 600 nationally certified Child Passenger Safety Technicians available to ensure a child safety seat has been installed properly.

The Louisiana Highway Safety Commission reports that as many as 96 percent of child restraints are not installed correctly. Another thing to remember when driving with children is to never leave the kids alone in the car for any period of time because the National Highway Traffic Safety Administration (NHTSA) notes that a child’s body temperature may rise three to five times faster than an adult’s, and a child who is left in a hot vehicle could die within minutes with the United States seeing a record number of child heatstroke deaths in 2018 and 2019 with 53 in each year. 

 

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

Has your child suffered severe injuries in any kind of summer accident in the greater New Orleans area? Get in touch with Egenberg Trial Lawyers for help holding the negligent party accountable.

Our firm is well aware of how difficult it can be for parents to get justice when their children are hurt by the negligence of others, but we can work to make sure that you receive all of the just compensation that you are entitled to for your economic harm. Call (504) 229-3117 or contact us online to take advantage of a free consultation so we can sit down with you and go over all of the specifics of your case while also answering any legal questions you might have.

 

What is UM/UIM Insurance?

Posted on by bradeg

The Insurance Information Institute (III) reports that 11.7 percent of drivers in Louisiana are uninsured, meaning that there is a roughly one in 10 chance that the person you are involved in a motor vehicle accident with will have the necessary automobile insurance to cover any damages. You always want to contact an experienced New Orleans car accident attorney after any car crash, especially if the other driver was uninsured. 

 

While Louisiana does not require drivers to maintain uninsured motorist (UM) or underinsured motorist (UIM) coverage, it does require insurers to include uninsured motorist coverage in insurance packages unless the coverage is explicitly rejected in writing by the buyer. While UM and UIM are optional, they are often recommended for your own protection and you should still seek the help of a lawyer when dealing with a UM or UIM claim, even when you did have either form of coverage.

 

Defining UM and UIM Coverage

Uninsured motorist or UM claims arise in Louisiana car accidents when at-fault drivers have no coverage or cannot be identified, such as when an at-fault motorist flees the scene of a crash (commonly known as a hit and run). A Louisiana State Police (LSP) crash report should contain the name, address, and driver’s license or permit number of all drivers involved, registration numbers and license plate numbers of any vehicles involved, and all relevant insurance information for all of the drivers involved.

 

Underinsured motorist or UIM claims arise in Louisiana crashes when the at-fault motorist does not have a sufficient amount of insurance coverage. This may mean that the injuries or damages from an accident are more than the amount of coverage available, and a UIM claim could be filed to pursue the damages that may include medical bills, pain and suffering, or other damages that cannot be recovered from the at-fault motorist.

 

UM and UIM Claims

While you might believe that simply having UM or UIM insurance will be sufficient in ensuring you can recover all of the money you need and deserve, you really should not place that much faith in an insurance company, even your own. In an uninsured motorist scenario, there will be a conflict of interest between you and the insurance company, making legal representation critical.

 

The result for many people can be exceptional challenges just in getting approval for basic claims. The entire process can be extremely distressing for individuals who have been paying monthly premiums on time and being good customers, but insurers often take adversarial roles because they are always trying to limit expenditures for their companies.

 

One of the most common reasons insurance companies reject claims is because of missed deadlines, which makes it critical for you to retain legal counsel as soon as possible. If you delay too long, you could end up forfeiting your right to recover any compensation.

 

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

Have you been involved in a car crash caused by an uninsured or underinsured driver in the greater New Orleans area? Egenberg Trial Lawyers can work to help you recover all of the financial compensation that you are entitled to.

 

Our firm can immediately step in and take control of your case so you will not have to worry about dealing with any insurance company or negotiating a settlement on your own. You can call (504) 229-3117 or contact us online for a free consultation that will allow us to take a long look at the details of your case and provide advice about what you can do next to take the steps toward a complete recovery.

Choosing the Right Personal Injury Attorney for You

Posted on by bradeg

When you suffer injuries in any kind of accident, you deserve to know how much financial compensation you can receive and exactly how difficult it is going to be to recover that amount. Handling a personal injury claim by your lonesome can be a perilous journey to take, which is why many other victims often recommend that you be sure to hire a skilled personal injury lawyer to handle the case.

Many people will rely on referrals from friends and family, but you need to make sure the attorney you hire is actually adept at handling your kind of case, which could be remarkably different from the ones that other people you know were dealing with. Always reach out to a New Orleans personal injury lawyer with Egenberg Trial Lawyers for dedicated legal counsel on all types of personal injury matters.

 

Experience Matters

Egenberg Trial Lawyers has a team of attorneys who have decades of experience in the courtroom. Bradley Egenberg earned his Juris Doctor in 2004 and passed the Louisiana bar in 2005.

Ben Berman not only achieves successful judgments and settlements for clients at the trial court level, but has also written numerous winning briefs for the Courts of Appeals and Louisiana Supreme Court including one case in which the Supreme Court upheld Louisiana citizens’ rights to view the public records of organizations that receive contracts to perform essential government services. Aaron J. Hurd is an experienced litigator who represents clients in class and mass action proceedings in both state and federal courts. 

Simon Levitsky has experience in personal injury, maritime law, and first-party casualty insurance matters, while Blake Corley handles catastrophic personal injury, employment discrimination, clergy sexual abuse, and first-party insurance claims. Max Sternberg has experience with both motor vehicle accidents and first-party real property damage claims.

 

Know the Kinds of Cases They Handle

The team at Egenberg Trial Lawyers handles many different kinds of personal injury cases, including:

  • Car Accidents 
  • Truck Accidents 
  • 18-Wheeler Accidents
  • Motorcycle Accidents 
  • Pedestrian Accidents
  • Slip and Fall Accidents
  • Dog Bites 
  • Electrocutions
  • Defective Products
  • Intentional Torts
  • Nursing Home Abuse and Neglect
  • Jones Act Claims
  • Wrongful Deaths

 

Ask What Representation Will Cost

The big problem for many people when it comes to hiring a lawyer is having to pay for an attorney but Egenberg Trial Lawyers is among the many personal injury lawyers in New Orleans who handle cases on a contingency-fee basis. This means you pay nothing upfront for legal counsel because we will only collect a portion of whatever judgment you ultimately receive.

 

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

If you or your loved one sustains serious injuries in any kind of accident in the greater New Orleans area, you deserve to have legal help navigating the complex system of hurdles involved in recovering damages. Egenberg Trial Lawyers can fight to make sure that you get every last dollar that is available to you and we will make sure that you are fully taken care of so you do not have to spend a single cent out of your own pocket.

Our firm knows how to take all the proper steps in our handling of these cases, so you can take comfort in knowing that you will have a true legal professional on your side and advocating for you every step of the way. Take the time to call (504) 229-2853 or contact us online so you can arrange a free consultation that will let us examine your case and go over all of the details so we will be able to provide the best possible legal representation.

Risks Associated with Summer Road Trips

Posted on by bradeg

Summertime is an ideal time of the year for people to get outside and enjoy the sunshine and pleasant weather. Unfortunately, it can also be a time of year in which people find themselves hurt in a number of different kinds of accidents that only become more common during the warmer months because there are more people partaking in activities and increasing the likelihood of possible injury risks.

People hurt during summertime accidents must be quick to seek legal representation for assistance with injury claims so they can know that they will be taken care of and receive all appropriate treatment for their injuries. A New Orleans personal injury attorney will make a world of difference for any person who sustains serious injuries in a summertime accident.

 

Car Accidents

When we are talking about summer road trips, driving will be inherent to traveling. Being on the road thus increases the chances of injuries in car accidents.

The Insurance Institute for Highway Safety (IIHS) and Highway Loss Data Institute (HLDI) report that teenage crash deaths were most frequent during the summer months of June, July, and August in 2020. National Highway Traffic Safety Administration (NHTSA) data from 2020 shows that June, July, and August were the three months with the highest percentages of alcohol-impaired drivers involved in fatal crashes.

In addition to higher rates of alcohol-impaired drivers on the road in the summer, there is also just the matter of driver fatigue. Hotter conditions make people more likely to become dehydrated and thus feel the effects of trying to operate motor vehicles in hotter conditions that can lead to accidents.

 

Pool and Spa Injuries

Swimming pool accidents can include drownings and near-drownings, entrapments or entanglements, diving board or slide injuries, slip and fall accidents, and malfunctioning electrical systems. Owners of public or private swimming pools can both be liable for negligence when they fail to maintain safe swimming pools.

Injury victims in these cases often have premises liability claims against pool or spa owners, but you need to be aware that both pool or spa owners and their insurance companies are very likely to deny liability for any accident and will instead claim you were somehow responsible for your accident. For this reason, it is critical for any swimming pool or spa accident victim to quickly seek legal representation for assistance fighting to recover adequate damages.

 

Bicycle and Motorcycle Accidents

The summer months are incredibly popular times of year for more people to ride bikes, some with motors and some without. Either two-wheeled ride can be incredibly dangerous because all bikes will still have to deal with motor vehicle traffic at some point.

Many drivers are simply not paying attention to take appropriate notice of bikes, so there is always an increased risk of accidents for people on motorcycles and traditional bicycles. Worse yet, individuals riding bikes often have much less protection in accident scenarios, meaning they are much more likely to suffer potentially catastrophic injuries.

 

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

If you or your loved one suffers injuries in any kind of summertime accident in New Orleans, be quick to hire a lawyer for assistance in holding the negligent party accountable. Egenberg Trial Lawyers know how common these kinds of accidents can be and fights to make sure that victims are able to recover full and fair compensation for their injuries.

Our firm will be able to conduct our own independent investigation into your accident to help prove liability and take the appropriate steps to recove3r adequate damages that actually cover all of the costs you incur because of your accident. You can call (504) 229-2853 or contact us online to take advantage of a free consultation so we can sit down with you and learn everything about your case before working to make sure that you are taken care of.

Three Mistakes That Could Cost You Thousands During an Auto Accident

Posted on by bradeg

The car accident remains one of, if not the most common kind of accident a person could find themselves being the victim of in New Orleans, but many people are not familiar with the proper steps to take following an automobile crash. You need to be aware of some of the many dangers inherent in trying to handle a car accident claim by yourself because the bottom line is that many people end up leaving thousands of dollars on the table.

Always make sure that you quickly retain legal counsel for assistance with any kind of automobile accident claim so you can avoid the three common mistakes we will outline in this post. You will want to have a New Orleans personal injury attorney on your side so you can know that you are taking the appropriate steps to recover as much financial compensation as possible.

Failing To Seek Medical Attention

Some people believe they are fine after a crash and decline any offers to get medical reviews for possible injuries. It is always a mistake not to go to a hospital after a crash because you thus have no record of treatment for any injuries that you may end up claiming later.

The bottom line is that you should visit a hospital after any accident, even when you do not think you were hurt. Remember that many insurance companies will not offer anything when there is no record of medical attention, but they will quickly try to settle cases when a person does have medical records to back their claims.

Accepting The First Settlement Offer You Receive

Many people are not used to being offered lump sums of money to resolve their automobile accident cases, and the size of settlement offers can often be appealing so the same people will be quick to accept the offers because they fear that this could be the only offer they will receive. You need to know that you always have the right to reject these overtures because a lawyer can probably negotiate for a much bigger amount.

Even if a settlement offer sounds like it will be enough to cover all of the bills you are currently facing, you need to ask yourself if the amount will be enough to cover all of the future bills as well because chances are likely that you are going to continue to accumulate medical bills as you continue to seek coverage for your injuries. The major problem with agreeing to settle a case is that you will also be releasing the at-fault party from any further liability, so you cannot try to recoup any more money from that party after the settlement even if you amass more bills because of your injuries.

Talking To The Insurance Company Without An Attorney

Some people do not see the harm in speaking to an insurance company about their accidents because they believe they are only sharing their sides of the story, which they believe are as accurate as possible. The problem here is that insurance companies engage in a number of tricks designed to get people to make statements that ultimately hurt their cases.

When you are contacted by any insurance company after a car accident, always decline to say anything until you have legal representation. An attorney is going to know how to deal with an insurer on your behalf and limit your exposure so you do not have to worry about saying anything that could ultimately cost you money.

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

If you or your loved one sustains severe injuries in an automobile accident in the greater New Orleans area, you are going to want to be sure that you have a skilled lawyer working with you to recover full and fair compensation. Egenberg Trial Lawyers handles all kinds of car accident claims and makes sure that you are able to receive all of the medical treatment you will need to make a full recovery.

Our firm can provide diligent representation in these manners by fully investigating the cause of the crash and then working with experts to establish why another party was at fault and should be held liable for all the damages resulting from the accident. We invite you to call (504) 229-2853 or contact us online so you can receive a free consultation that will allow us to take a closer look at your case and outline all of the next steps you should take.

Oil Workers often Risk their Lives to Earn a Living

Posted on by bradeg

 

In an article entitled “Drilling boom, deadly legacy” published on February 22, 2014, the Houston Chronicle reported that United States Bureau of Labor Statistics data showed that oil field-related industries across the country killed 663 workers between 2007 and 2012, with 40 percent of those deaths occurring in Texas. Additionally, the Chronicle also reported that a lack of federal government inspections as well as shoddy practices by many oil and gas companies led to badly injured or killed workers.

Oil jobs typically pay very well, with management roles often earning people more than $100,000 per year, but the risks of the work have to be something of a concern to even the most veteran of oil field workers. When you or your loved one suffers injuries or death on an oil rig in the Gulf Coast region, make sure to contact an experienced New Orleans personal injury attorney.

 

Common Oilfield Accidents

Some of the most frequent types of accidents involving oil workers include, but are not limited to:

  • Slips and Falls — A slip or trip and fall accident can lead to serious injuries for any oilfield worker, and may even be career-threatening in some cases. Many workers face these dangers while working on elevated rigs, and many such incidents can be prevented with proper safeguards that may not be in place.

 

  • Improper Training — While the workers in oil fields or on oil rigs should only be the most experienced ones available, many companies and drillers employ inexperienced workers or others who are not properly qualified to be working in oil fields. An inexperienced oil field or oil rig worker is typically unaware of specific safety procedures, protocols, and regulations, meaning they do not know how to correctly use certain equipment, machinery, or other tools and their negligence can have consequences that put the lives of others at stake.

 

  • Electrocution — Many offshore oil rigs often have electrical components, and electric shocks in the oil field industries occur when workers come into direct contact with energized power lines, electronic equipment, or power lines. 

 

  • Explosions — Any type of fire starter can easily ignite different kinds of flammable gases from wells, trucks, and tanks, including open flame, static electricity, or other heated elements. Explosions and fires can spread quickly and injure more people.

 

  • Equipment Failures or Defective Equipment — Heavy machinery on work sites required for drilling, pulling pipe, mixing mud, and several other jobs that occur on the worksite need to be safe for workers to use and only used by individuals with adequate training for operations and safety, but failure to maintain equipment or allowing people without proper training to use the equipment can lead to devastating accidents.

 

  • Explosions and Fires — There is a release of all kinds of flammable gases during oil work, so explosions and fires are a paramount concern on these job sites. When something does explode, a fire can spread very quickly and possibly injure more people.

 

  • Well Blowouts — A blowout refers to an uncontrolled release of crude oil or natural gas from an oil or gas well when pressure control systems fail. Most modern wells will have blowout preventers to prevent these from happening, but accidental sparks during blowouts often lead to oil or gas fires.

 

  • Employee Fatigue — Oil fields are 24-hours-a-day operations, and many workers will put in 12 or more hours of work a day. The simple fact remains that many accidents on oil field sites are the simple result of exhausted employees.

 

  • Motor Vehicle Accidents — Even oil workers will have to rely on vehicles on job sites, and it is entirely possible for workers to have accidents occur in which they sustain severe injuries.

 

  • Hazardous Chemicals and Fumes — Hydrogen sulfide is perhaps the most well-known toxic chemical on oil sites, but there can be other hazardous chemicals that workers inhale while performing their jobs and these chemicals could cause many later issues with the health of the workers.

Common Oilfield Injuries

Some of the most common kinds of injuries oil field workers suffer include, but are not limited to:

  • Head injuries such as concussions
  • Traumatic brain injuries (TBIs)
  • Neck injuries
  • Back injuries
  • Arm injuries
  • Leg injuries
  • Eye injuries
  • Broken bones or fractures
  • Severe burn injuries
  • Spinal cord injuries
  • Paralysis
  • Limb loss

 

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

Oil field work is well-known to be dangerous, but employers have an obligation to take appropriate safety measures and workers who sustain injuries on job sites could be entitled to additional compensation for their injuries from the employers or equipment manufacturers in some cases. Egenberg Trial Lawyers represents oil field workers all over Louisiana, Texas, and the larger Gulf Coast region.

Our firm knows how to investigate these types of accidents and get the evidence needed to prove what caused an accident and why another party is liable. You can call (504) 229-2853 or contact us online to set up a free consultation so we will be able to review your case and fully discuss all of your legal options.

Don’t Overlook These Signs of Nursing Home Abuse

Posted on by bradeg

According to the Kaiser Family Foundation (KFF), there are 25,515 nursing facility residents in Louisiana and 88,809 in Texas. The American Health Care Association (AHCA) and National Center for Assisted Living (NCAL) further report that Louisiana has 100 assisted living communities with 5,300 beds and an average of 44 people served, while Texas has 1,300 assisted living communities with 48,700 beds and an average of 29 people served.

 

While a majority of older adults still live in the community, there are still a significant number of older adults living in nursing homes or assisted living facilities. While these facilities are supposed to provide comfort to family members that their loved ones are being cared for every waking hour, nursing home abuse and neglect are regrettably common and frequently overlooked until it is too late.

 

Types of Nursing Home Abuse

The phrase nursing home abuse and neglect can prompt a number of different images in a person’s mind, but there are actually several different kinds of actions that can constitute nursing home abuse. In general, the most common kinds of nursing home abuse include:

  • Physical Abuse — The kind of abuse that comes to mind for most people, nursing home residents may be subjected to physically abusive practices by some staff members. Physical abuse can include residents being punched, kicked, or otherwise struck by staff members.

  • Emotional Abuse — Emotional abuse is far more difficult to identify because the effects are not always seen. Examples of emotional abuse could include staff members yelling at residents, taunting residents, or isolating residents. The signs of emotional abuse may include the older adult becoming more depressed or withdrawn.


  • Nursing Home Neglect —  Nursing home residents can be left unattended for long periods of time. Neglect may lead to malnutrition, medications not being administered as recommended, or residents living in dire conditions. Neglect is often the result of unqualified staff.


  • Sexual Abuse —  In 2017, CNN reported that the federal government cited over 1,000 nursing homes for mishandling or failing to prevent alleged cases of rape, sexual assault, and sexual abuse at their facilities.

 

  • Financial Abuse — Nursing home residents can be at risk of mismanaging their money or having nursing home employees steal money from them.

 

Signs of Nursing Home Abuse

The typical question most people have when confronted about nursing home abuse is to ask what can be done? You should always look for the signs of possible nursing home abuse or neglect.

Some of the most common signs usually include:

  • Bedsores or pressure ulcers
  • Unchanged, filthy clothes or bed sheets
  • Unexplained weight loss
  • Unexplained sexually transmitted diseases (STDs)
  • Changes to the power of attorney
  • Anxiety 
  • Broken bones
  • Bruises, burns, and welts 
  • Cuts or lacerations
  • Opening new credit cards or bank accounts
  • Dehydration 
  • Malnutrition
  • Fatigue, insomnia, or other sleep disorders
  • Strange financial transactions or charges
  • Head injuries
  • Dental injuries
  • Illness or infection
  • Lack of personal hygiene
  • Depression
  • Substance abuse
  • Suicidal thoughts 
  • Posttraumatic stress disorder (PTSD) symptoms

 

When a family believes that their loved one has been the victim of nursing home abuse or neglect, they may have cause to file a lawsuit against the facility that allowed or caused the abuse or neglect to occur. It will be the facility itself that is the defendant, not necessarily the employee who may have committed the abuse.

 

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

Egenberg Trial Lawyers understands how difficult it can be for families to pursue legal action in these cases, but we will work closely with you so you can understand all of your rights and be informed the entire time we are fighting to achieve justice. You can call (504) 229-2853 or contact us online to receive a free consultation that will allow us to review your entire case and outline what can be done.

4 Car Insurance Tactics Designed to Get you to Settle for Less

Posted on by bradeg

Insurance companies have numerous time-honored tricks that you can expect anytime that you are dealing with them. These companies are for-profit businesses, and their goal is to earn as much money as they can. The less they pay out in settlements, the more of their premiums they can keep invested in the stock market and earning money. Here are some of the things that they can do to make your life more difficult, to wear you down, and take their low offer.

 

Dragging Out Your Claim

Insurance companies know that you are in a desperate financial situation in the aftermath of the accident. They have the one thing that you need; money. They will try to make it as hard as possible for you to get it. The longer they can drag out your claims process, the more of a tough situation that you will face because your bills are coming due. This could make you more likely to settle at a point where the insurance company is offering less than you deserve.

They may take more time to review your claim and handle your case more slowly. They could sit on your demand letter before giving you a response. An insurance company may even request more and more documentation, so they can lengthen the process. They know that you may be missing work with bill collectors calling you, and they try to take full advantage of it. They are in no hurry when you are because you need money. There is definitely a disparity in bargaining positions, and they try to take full advantage of it because time is on their side far more than yours.

 

Making Initial Low Offers

One of the ways that an insurance company hurts you is by starting very low on their settlement offers. This means that you will need to exchange multiple rounds of figures before you even get into the right ballpark for settlement. By that time, your financial situation may become far worse, and you will grow increasingly desperate.

You can never assume that you are going to get an initial offer from the insurance company that is worth anywhere near the value of your claim. They view this as a negotiation, and they never make their best offer first. Their initial very low offer may be psychologically conditioning you to view getting even slightly more money as a big victory that you will rush to claim. When they appear to begrudgingly concede to pay you more, they really know that they have far more room than that. In the meantime, the insurance company would be figuratively laughing all the way to the bank. This is all part of a negotiation game that they play. Having an attorney would make you wise to this tactic because lawyers see it all the time.

 

Taking Advantage of Better Information

The truth is that insurance companies know the value of your claim down to the exact dollar. They have armies of adjusters and statisticians that study claims from both your area and across the country. They are betting on the fact that you do not know the true worth of your claim and that you will settle for less. In many cases, they win that bet because some claimants do not take their own steps to get better information. You cannot effectively negotiate with someone else who has far superior information because they will take advantage of it every time.

The way that you can level the playing field is to hire an attorney who also knows the value of your claim. Lawyers work with car accident claims every day, and they can properly value all of the elements. This way, when the insurance company is trying to make you a low offer, your lawyer will be able to tell you that the offer does not fully compensate you and recommend an amount with which you can counter.

 

Try to Undercut Your Claim

Insurance companies will try to get any information from you that they can to use against you. This includes things that could undercut the merits of your claim (on liability) and the damages that you have suffered.

The first thing that they will try is to try to catch you saying something that contradicts your own story. For example, they may try to call you and get you to make admissions about the accident. This could cut your recovery by putting you in a position where you are judged contributorily negligent. All it takes is one question that catches you unaware, and they have information on the record that they can use. Insurance companies are known for taking simple information out of context to get out of paying.

Then, they may try to gather information that could contradict your claim for damages. This may include checking your social media to see if there are any posts that tell a different story than you. They may even call you and ask you how you are doing. If the answer is “fine,” they could dispute your lost wages and pain and suffering claims. They are looking for any arguments that they can make that your damages are less than claimed as an excuse to pay you less.

 

Call Us Today to Schedule a Free Case Evaluation with a New Orleans Personal Injury Lawyer

If you or a loved one have been injured in an accident, do not fall prey to the insurance company and its games. You can hire someone to fight on your behalf against these businesses that seek to deny your legal rights. Contact the experienced attorneys at Egenburg Trial Lawyers online or call us at (504) 229-5700 to schedule your free initial consultation. We have a track record of delivering results for injured clients who depend on their accident compensation. Without an aggressive attorney on your side, you could end up settling your case for far less than it is worth, if you are even able to receive a settlement at all.

What You Need to Know about Hiring a New Orleans Car Accident Lawyer: Part 2

Posted on by bradeg

The issue is that you have to prove what they did to cause the accident. Car accident evidence is not always easy to gather, especially because you may be dealing with injuries at the scene. 

An experienced attorney can get to work immediately, gathering the evidence that you need to prove liability. They can handle the details and all the tasks that you cannot, both because you are injured and do not know the car accident legal system. 

Your Damages in a Louisiana Car Accident 

 

Louisiana car crashes can be expensive. Not only are there prohibitive medical bills, but you also have other economic and non-economic costs. These damages do not even account for the experience that you have endured since the accident. One 2010 study placed the average per person cost of moderate car accident injuries at $123,000 per person. For accidents with severe injuries, the cost goes well beyond $400,000. These figures do not account for lost of quality of life, and they also do not factor in a decade’s worth of inflation. 

 

In any car accident case, you are entitled to the following damages:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Loss of enjoyment of life
  • Property damage
  • Emotional trauma 
  • Wrongful death damages for your family (if your loved one died in the accident)

 

Insurance Companies Will Make Your Life More Difficult

 

The insurance company does not want to pay you for the full value of your damages. What makes things even more complicated is that many Louisiana drivers carry the minimum amount of insurance since policies are so expensive in the state. Therefore, you may need to deal with your own auto insurance company using your underinsured motorist coverage (assuming you have it). Your own insurance company will not be any fairer with you than the other driver’s insurer. Customer service does not extend to fully and fairly paying claims.

 

You Can Always Reject a Low Settlement Offer

 

You have the legal right to say no to a settlement offer that does not fully pay for your damages. You can always continue to negotiate with the insurance company. If you cannot reach a settlement, you can always have your day in court, where a judge or jury will decide your case. At Egenberg Trial Lawyers, we will work for you to obtain the highest possible settlement or award after your car accident. These funds are money that you need to pay your bills and compensate you for the harm caused to you by someone else’s carelessness. 

 

Contact a New Orleans Car Accident Lawyer Today

 

If you or a loved one have been injured in a car accident, you need a sensible and determined attorney. At Egenberg Trial Lawyers, we will handle your case with care and compassion while we fight for you against anyone who would try to cut your compensation. To schedule your free initial consultation, call us today at (504) 229-5700 or contact us online. Do not delay in calling a lawyer because it can hurt your legal case. 

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