new orleans attorney Archives | Egenberg Trial Lawyers

Pedestrian Accidents in NOLA

Posted on July 24, 2022July 19, 2022 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 July 22, 2022July 19, 2022 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 TO DO AFTER A CAR ACCIDENT: 10 STEPS TO TAKE

Posted on March 30, 2022March 30, 2022 by bradeg

What you do in the days, weeks and months after a car accident could determine whether you are able to receive a settlement check and the size of your payment. You should act according to a plan, as difficult as it may seem when you are dealing with physical injuries. Hiring an experienced attorney is one way to ensure that you take the proper steps and do not make any mistakes. Here are ten steps to take after a car accident to protect both your health and legal rights.

See a Doctor

In many cases, your car accident injuries are apparent at the time of the crash. Even after you receive initial treatment, you must have a comprehensive diagnosis in order to begin the claims process. In other cases, your accident injuries may only begin to show symptoms in the days or weeks afterwards. In either event, you should be diligent about seeking medical help as necessary. If you think that there is even a slight possibility that you could have been injured, you should see a doctor. It is always better safe than sorry.

Follow All Treatment Recommendations

Not only is following doctor’s orders good for your health, it is also a must for your legal case. You can expect that the insurance company will review your medical records to see what you have been doing since the accident. If they see you not getting prescriptions filled or missing therapy appointments, they will begin to question your injuries. They may claim that you are not taking the necessary steps to mitigate your own damages.

Preserve All Evidence

Before you can talk dollars, you must prove that someone else was liable. If you have any evidence in your possession, you must preserve it for use as part of your claim or lawsuit. Once you lose the evidence, it can be gone forever. If you have any photos, make copies and keep them in a safe place. Give what you have in your possession to your attorney for safekeeping.

Stay Organized

Your attorney needs to have all the paperwork organized, so they can present the strongest claim possible. In addition, you should remain on top of appointments and deadlines because that could affect your claim. Staying organized is a must, even though it is difficult. You have many things going on at the time, but disorganization can cost you money and add to your stress.

Document Your Damages

Your claim or lawsuit must not only prove that the other driver was responsible for your injuries, but it must also show exactly how you have been injured to be paid for it. You have a far better chance of getting top dollar when you can clearly describe your damages in the wake of the accident. You should keep track of things such as bills, lost wages and your pain and suffering because they will all be a part of your claim.

Begin the Claims Process Quickly

In Louisiana, you have a limited amount of time to file a lawsuit after your car accident injuries. If you miss the deadline, you may lose the right to sue forever. While you should not rush to file a claim before you are completely ready to do so, you should at least begin the process quickly. If you delay, you could lose valuable evidence that could help prove your case. The legal process takes time, and your case does not move more quickly just because you have started later and need the money.

Contact a Lawyer

Calling an experienced lawyer is perhaps the most important step that you can take after an accident outside taking care of your physical health. The legal process can be challenging, and there are many details to handle. Insurance companies can make your life difficult, taking advantage of you to try to save money. An experienced attorney makes your life easier by handling the legal process for you. They can maximize your recovery by standing up for you when necessary in the face of the insurance company’s stinginess.

Do Not Talk About Your Accident

The more you say about your accident to others, the more of a chance that things that undercut your claim could get back to the insurance company. They could be checking on your social media, or even hiring people to follow you, to see if you are as injured as you say. In addition, if anyone calls you to talk about the accident, you should be very suspicious. The other driver’s insurance company could be trying to trick you into making an admission that could hurt your arguments about liability.

Stand Up for Your Legal Rights

If you are not getting what you deserve, you have every right and ability to fight for your legal right to receive full compensation when someone else is to blame for the accident. You always have the ability to say no when you receive an inadequate settlement offer. In the end, a jury can decide your case, and an insurance company does not have absolute power to dictate whether you get money and how much you get. If you need to fight, an experienced attorney knows how to handle the insurance company.

Be Patient

Things do not happen overnight in the legal process. It could take months, or even more than a year, to get your money. A claim may require multiple offers and counteroffers to reach a settlement agreement. If you file a lawsuit, it could take years from start to finish. In order to get the most possible money, you may need to wait out the insurance company. They will not write you the check that you deserve right off the bat without being pushed. That is where an aggressive attorney will help you.

Call a New Orleans Car Accident Lawyer

One of the most important calls that you can make is to an experienced personal injury lawyer. They will guide you through the process as you seek the money that you deserve. At Egenberg Trial Lawyers, our job is to stand up for you. Contact us online or call us today at (504) 229-5700 to schedule your free initial consultation. Hiring a lawyer can give you peace of mind when things seem so chaotic.

Liability for Dog Bites in Louisiana

Posted on February 8, 2022 by bradeg

Louisiana’s dog bite statute is different from those that you will find in most states. Elsewhere, the law is that dog owners are strictly liable for damages when their dog bites someone. All the dog bite victim would need to prove is that they were bitten. In Louisiana, the dog bite victim would need to do more work to receive financial compensation for their injury. Essentially, they would need to prove negligence in their case, making it more necessary to have an experienced dog bite lawyer on their side.

Proving Negligence in Louisiana Dog Bite Cases

Proving your case is based solely on the dog owner’s behavior before your injury. Conceivably, it would be possible for them to escape responsibility for some dog bites. They are not automatically responsible for everything that their dog does.

There are four parts to the test of whether a dog owner was negligent in your case. They are:

The dog owner owed a duty of care (they usually owe a duty of care to others around their dog)
The dog owner breached the duty of care by acting in a way that a reasonable dog owner would not
You suffered an injury
You would not have been injured had it not been for the actions or omissions of the dog owner

How a Dog Owner Can Act Unreasonably

The main focus is on the second element. There are several things that you need to prove to show that the dog owner acted unreasonably. They are:

The dog owner had actual knowledge (or should have known) of the dog’s danger
The dog owner did not do anything (beforehand or at the time) to prevent the bite or attack
You were bitten or attacked by the dog
You did not do anything to attack or provoke the dog

The Insurance Company May Use Provocation as an Excuse Not to Pay

Insurance companies love to try to take a bad dog attack and make it the victim’s fault to get out of paying. They like to claim that the victim provoked the dog. However, they take this much further than the law intends. Provoking a dog means deliberately agitating or causing it pain. Going over to pet a dog is not provocation. Further, as many dog bite victims are children, the law is less likely to find that children provoked dogs, since they are not held to the same legal standard. However, it is an argument that you may need to counter with evidence when you file a dog bite injury claim.

The fourth element in the negligence test is called causation, and this is much easier to meet in dog bite cases because it is clear that the dog caused the injuries. It requires more proof when someone was injured in a dog attack when they were trying to evade the dog.

What Dog Owners Do Wrong that Could Be Negligence

Here, the dog owner must do something wrong for you to receive compensation. If the owner has taken precautions, and they had no idea about the dog’s dangerous tendencies, you may have a harder time recovering. This is an even higher standard than the “one free bite” rule used in many states.

Here are some examples of things that could be considered negligence on the part of the dog owner:

Walking the dog in public without a leash
Having a dog in public that has a history of attacking or biting people
Not fencing a dog in on their own property
Not posting a “beware of the dog” sign when they know their dog is dangerous
Allowing their dog into the path of walkers and joggers on a trail

It may be easier to prove the dog owner’s negligence when you have been bitten by a more dangerous breed of dog. This could include:

Pit bulls
German shepherds
Bulldogs
Rottweilers

In these cases, you may be able to prove that the dog owner should have known of the danger of the dog solely by virtue of their breed. For example, they should take extra steps to protect the public when they have a dog like a pit bull that has a reputation for being aggressive. Other times, the owner knows that the dog is dangerous when they have already attacked someone in the past.

This standard applies to both dog bites and other injuries caused by a dog’s behavior. For example, if a person injured themselves trying to get away from a dog, or they fell when a dog jumped on them, the same negligence test would apply.

How to Prove Negligence in Dog Bite Injury Claims

Gathering proof of what happened before the incident is crucial to your case. This is why it is vital to learn more information about the dog’s prior behavior and to get contact information from witnesses who saw what happened. Here is what could be evidence to prove negligence in your dog bite case:

Witness testimony from people who were there
Physical evidence from the scene of the attack
The dog owner’s own version of events (including their admissions)
Photographs from the scene
The police report of the incident

An experienced lawyer can help assemble the proof that you will need, since you must meet a higher standard in Louisiana. This is not to say that you cannot receive compensation for dog bites. You just need more preparation and work to prove your claim.

Experienced New Orleans Dog Bite Injury Lawyers

If you or a loved one have been injured by a dog bite or attack, contact the New Orleans law firm of Egenberg Trial Attorneys right after the incident to begin work on your claim. We can help you assemble the claim that could get you paid for your injuries. Call us today at (504) 229-5700 or contact us online to schedule your free initial consultation. We can fight for you when you are trying to receive compensation for your dog bite injuries.

Jones Act FAQ

Posted on January 31, 2022 by bradeg

What Happens if I Cannot File a Claim Under the Jones Act?

Some people do not qualify for the Jones Act. If you cannot file because you are a longshoreman or dockworker, there is a special program for them that is similar to the workers’ compensation program. This program is called the Longshore and Harbor Workers’ Compensation Act, and it provides benefits for injured maritime workers who are not covered by the Jones Act. This provides benefits that are comparable to a traditional workers’ compensation program. Seamen are not allowed to participate in their state’s workers’ compensation program because there are special federal laws that cover these injuries. The Jones Act is viewed as a pro-worker law because it allows for negligence lawsuits, while the workers’ compensation system makes it very difficult to sue an employer.

Why Do I Need a Lawyer for My Jones Act Case?

While being able to sue your employer for personal injury is a good thing, you still need to prove that they were negligent. Doing this requires a knowledge of maritime operations and the standard of care that is necessary. In addition, maritime cases may require extensive investigation, especially when much of the evidence may not be under your control. This is a unique and specialized area of the law, and you must have someone who understands it.

Your employer knows the Jones Act well. They have their own lawyers working to protect their own interests. Their insurance company is also looking out for themselves too, meaning that you should have someone looking out for you. Jones Act cases are not well-suited for a DIY approach to your legal issues.

Do Medical Benefits Get Special Treatment Under the Jones Act?

You do not need to prove any fault in order to obtain medical benefits to treat your injury. These are paid automatically after you have been injured without needing to demonstrate negligence. The employer is supposed to pay your medical bills until you reach maximum medical improvement. In practice, employers may be difficult about paying these bills, and you could need a lawyer. In addition to medical bills, you are also paid reasonable living expenses until you reach your maximum medical improvement. Proving negligence will entitle you to additional damages on top of that, such as pain and suffering and full lost wages.

What Does Unseaworthiness Mean?

This is another way to prove negligence under general maritime law. When you are on a vessel at sea, the owner owes you a duty to provide you with a safe and seaworthy vessel. When there is a dangerous condition on the ship, or it is defective, it would be considered unseaworthy. This alone would be enough to entitle you to damages in a negligence lawsuit. This may be a separate type of claim that is not filed under the Jones Act. However, the damages that you would receive would still be the same.

Will My Jones Act Case Settle?

Cases that go all the way to trial are rare. Employers and their insurance companies often realize that they will need to pay more in damages when the case ends up in the hands of a jury. At some point, you may receive a settlement offer from the insurance company. It usually makes sense for both parties to discuss a settlement during the case. You also benefit by reducing your risk at trial and getting your money quicker. Usually, the interests of both the plaintiff and defendant mean that the case will settle. However, you should not be afraid to go in front of a jury if the defendant will not make a reasonable settlement offer.

What Is Maximum Medical Improvement?

This does not always mean that you are fully recovered, although getting better and being able to return to work is certainly a sign of reaching this level. However, you can also reach this point when you still have a permanent disability, but you will not recover from it. You can count on there being some disagreement with your employer about when you reach this level. They have every incentive to claim that you have achieved maximum medical improvement because they will not have to pay maintenance and cure to you anymore. You may need a lawyer to dispute the employer’s view that you have reached maximum medical improvement. If your employer decides that you have reached this level when you really have not, you may be left without medical care and a source of support.

Where Should I File My Jones Act Case?

It is not always apparent where you should be filing your claim, especially because Jones Act injuries occur at sea. There are a number of factors that come into play when determining venue under the Jones Act. If the accident happened within the borders of a state, you should file the case there. If not, you could file it where the defendant is headquartered or located. You can file a Jones Act case in state or federal court.

How Can I Strengthen My Jones Act Case?

Make sure to preserve all evidence of your claim that you have in your possession. You should also get medical treatment as soon as possible and follow all of the doctor’s orders. Finally, you should hire an attorney with specific experience in Jones Act cases and maritime law. Your attorney will know the steps to take to put you in the strongest legal position. This is a call that you should not delay making.

How Long Will My Jones Act Case Take to Resolve?

This depends on whether you settle the claim or need to go to court. Even for settlements, you should count on your case taking months to complete. You will usually not see a settlement before the 4-6 month timeframe because the defendant will need to assess the strength of your claim. Most settlements could take up to a year. If your case goes to court and reaches a jury, it will take about 12-16 months to get a resolution.

Jones Act Claims for Injured Seamen

Posted on August 8, 2018April 29, 2021 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.