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.

 

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.

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.

Why Does Louisiana Have the Second-Most Expensive Car Insurance Rates? Part I

Posted on by bradeg

If you have shopped for car insurance in Louisiana, you have learned one thing very fast; auto insurance policies in the state are very expensive. In fact, Louisiana ranks as the second-most expensive state in the entire country for auto insurance. One study found that the state ranked only behind Michigan for cost, with Pelican State residents paying 46% higher than the national average for a policy. Because of the cost of policies in the state, many Louisiana drivers break the law and drive without insurance.

 

Here is a candid look at why insurance costs so much in Louisiana. There are many unfortunate realities for Louisiana drivers. All of these combine to make you pay more for your car insurance policy. 

 

Judges Often Rule in Favor of Small Claimants in Car Accident Cases

 

The Louisiana legal system, in part, dictates why policies are more expensive. In Louisiana, you can only request a jury trial if the amount in controversy is over $50,000. Many auto insurance lawsuits are for amounts smaller than that number. Those who cannot request a jury trial can still have their day in court, but a judge will decide the case instead of a jury. Many judges in Louisiana are elected officials, and there is a better chance that they may side with constituents whose votes they need in the next election. The irony is that the reason why you may have a better chance of receiving auto accident compensation is the same reason why you are paying more for your auto insurance policy. 

 

Insurance Companies Have Negative Impressions of Louisiana

 

For whatever reason, insurance companies are also suspicious of the state in general. Because insurance is so expensive, many motorists opt for the minimum amount of coverage to operate a vehicle. Insurance companies need to charge enough to make it worth their while to operate in the state. They raise prices on both the minimum policies, and they force other drivers with larger policies to subsidize the costs. Since many drivers do not have insurance and others drive with low coverage, the state, in general, gets a negative stigma. Auto insurance companies set rates to make money. If there is something that they can use to their own advantage, they certainly will. 

 

You would think that many insurance companies would want to operate in Louisiana because they could charge more. However, it is the other way around. Fewer companies want to do business in Louisiana, so the ones who are in the state get to charge higher premiums. Less competition means that companies have more pricing power. 

 

Some Insurance Companies Charge Too Much

 

In some cases, insurance companies are simply overcharging, and people are paying more than they have to for car insurance. In fact, State Farm recently announced that they were cutting rates for some Louisiana drivers. Motorists may simply need to shop around and compare prices more, rather than just accept the first rate that they are offered. 

 

Stay tuned for Part II of this blog series.

 

 

How Much is Your New Orleans Bicycle Accident Worth?

Posted on by bradeg

One of the first questions that new clients ask us is how much they would be able to recover for their bicycle accident injury. This is a question that we will be able to give you a more exact response to after learning much more about your case. What we can do right now is explain the factors that help determine how much you receive.

No two injuries are the same in a bicycle accident case, even when two people suffer very similar harms. A badly broken leg can have a completely different effect, depending on the individual accident victim. One person can be a healthy 25-year old who has a physical job. They may suffer more damages than a retired person on a fixed income because this accident victim cannot earn the money that they need to support themselves. A competitive runner who jogs every day may be more affected by a severe injury than one who does not have as active of a lifestyle.

 

The Factors that Will Contribute to Your Bicycle Accident Payment

Having said that, we can explain how your bicycle accident claim is valued. Your claim is about far more than just your medical bills. Not only are you entitled to be paid for the economic damages that come out of your pocket, but the defendant also must compensate you for the experience that you have gone through from the accident. Since there are many pieces of your bicycle accident damages, these claims can be difficult to value. The challenge is even greater in a serious bicycle accident, when you are deserving of a check well into the six figures.

 

Economic Damages from Your Bicycle Accident

For economic damages, these are your actual losses from the bicycle accident. You may need to pay out money for your share of health care costs. These can add up quickly after an accident, as you have copayments for hospitalizations and medication. The other major part of economic damages is payment for not being able to work. If you miss time from your job or cannot do the same work that you did before your injury, that will be a part of your settlement. 

 

How Non-Economic Damages Work in Your Bicycle Accident Case

Next, the defendant must also pay you for your post-accident ordeal. This is what is known as non-economic damages because it is more difficult to place a direct dollar value on them. Every accident victim suffers differently from their injuries. One may be anxious, depressed and unable to sleep at night. Another may have suffered severe emotional distress. These are all part of your damages because you would never have experienced these emotions had it not been for your bicycle accident.

Non-economic damages are not easy to value because they are subjective in nature. The insurance company does not know what you have gone through, and chances are that they do not care. They are just looking to slap as low of a number of these as possible to settle the claim for less. Your claim may be worth more to you if you have an experienced lawyer telling your story and fighting on your side. 

The insurance company will use a multiplier of your medical bills to value pain and suffering. They will attach a higher multiplier to more serious injuries. However, this does not usually do justice for your particular experience. If they can take any shortcut to avoid paying you what you are legally entitled to, they will gladly do it. Your pain and suffering are unique to you and your experience. This is why you will need to be prepared to reject a low settlement offer that does not fairly compensate you. 

 

Making Sure that You Get Full Payment for Your Bike Accident

The value of your case and what you may receive as a settlement can often be two different things. If you do not have an experienced attorney or do not have the resolve to take on the insurance company, this gap will grow even wider. Just because you have suffered a certain amount of damages does not mean that the insurance company will want to pay you for them. In other words, the value of your case can be irrelevant if you are not able to fight for what you deserve. 

You can count on the fact that the insurance company knows the exact answer to the question about your case’s value. This is what they do all day, every day. They see thousands of accidents each month, and they have adjusters and sophisticated programs that can quickly place a dollar value on your case. However, they would never share that information with you because that is the advantage that they have. They are counting on slipping a low settlement offer by you when you do not know how much money you deserve. 

You need to equalize this advantage with a lawyer who also knows the value of bicycle accident cases. You can rest assured that we will learn the facts of your case well and arrive at a value of your case that we will use when we negotiate a possible settlement. While the ultimate decision on whether to settle is your, we will fight for you when it is necessary. If the insurance company will not make a reasonable settlement offer, we are prepared to litigate in court to get the money to which you are legally entitled when someone else’s negligence has injured you. 

 

New Orleans Bicycle Accident Lawyers

The attorneys at Egenberg Trial Lawyers know how to stand up to the insurance company on behalf of our clients when they seek to lower their recovery. We will not let this stand. Insurance companies know us and take us seriously when they see us on the other side. Let us fight for you to get the money that you deserve. Call us today at (504) 229-5700 or contact us online to schedule your free initial consultation.

Do I Need a New Orleans Car Accident Attorney after an Accident?

Posted on by bradeg

After you have been injured in a New Orleans car accident, there are two things that you need to worry about; your health and your legal rights. The law allows you to receive financial compensation if someone else was responsible for your accident injuries. However, the actual system in place aims to make it as hard as possible for you to get the money that you deserve. Hiring a car accident lawyer could help you push through some of the barriers placed in your way.

The Key Steps of the Car Accident Claims Process

In every car accident case, there are two primary issues for an injured accident victim, and an attorney would help you in both of these tasks. 

  • Proving that someone else was to blame for the accident, entitling you to receive money for your damages
  • Negotiating your compensation to receive the right amount of money to pay for your damages

Before you even try to seek compensation, you must know your legal options. An attorney would explain the possibilities for obtaining compensation:

  • You could work through the other driver’s insurance company as part of the claims process
  • You could file a lawsuit in court and have the jury decide the matter

An Attorney Can Help Prove Fault in Your Accident

What happened in a car accident may not be immediately apparent. The other driver’s insurance company has every financial incentive to doubt and dispute your side of the story. They may not accept that their driver was at fault. Even if their driver bears the blame, they may argue that you also share some of the responsibility in an attempt to reduce the amount of money that you can receive.

After your car accident, you start with your own word about what caused the crash. Before you file a claim or a lawsuit, you must build on that with evidence about what happened. For every lawyer who tells you to begin working on your claim at the scene of the accident, we understand that it is often impossible when you are dealing with injuries of your own. However, you still must have proof to be in a position to receive financial compensation.

An attorney can do the work that you are unable to do on your own in gathering the evidence necessary to prove your claim. This way, you have evidence as part of your claim to make a persuasive case that someone else was to blame. If not, you may end up in a situation where it is your word against the other driver’s and you may not be able to receive damages.

Obtaining Enough Compensation Almost Always Means a Fight

Even if you are able to show liability, that is only part of the legal battle that you have ahead of you. In some cases, the insurance company is more than happy to make a settlement offer, knowing that it is for far less than you really deserve. When liability is more clear-cut, the insurance company’s mission then shifts to saving money that they are legally obligated to pay you. 

Before you even file your claim, your lawyer will add value by telling you how much your case is worth. This knowledge is crucial. Without it, you run a far higher risk of accepting a settlement offer that benefits the insurance company and leaves you underpaid.

Then, an attorney could help by properly explaining your damages to the insurance company. They will look for any excuse possible to pay you less than you deserve. If your story is not very clear on paper, they will draw every inference possible against you. Every accident victim needs someone who can very clearly tell their story.

Once you receive a settlement offer, it is not usually a cause for celebration. The offer is usually far less than you are entitled to, forcing you to begin negotiations. You would likely need to go back to the insurance company several times with your own demands before you end up in the right ballpark and can sign a settlement agreement. You may not reach that point, forcing you to take your case to court.

The Insurance Company Loves Unrepresented Claimants

There are other reasons why you should have a car accident attorney on your side. An insurance company sees a target of opportunity when they notice that someone is trying to handle their own claim. The insurance company is not above using sneaky methods to trick or coerce you into making some kind of statement that cuts against your own case. Oftentimes, accident victims do not see it coming until it is too late. By that time, they have cost themselves money. 

When you hire an attorney, you do not have to worry about the details and legwork of your compensation process. There is always work to be done, and you may not have the knowledge or ability to get it done given your injuries and the disparity in knowledge between you and the insurance company. Enlisting the help of an experienced professional will at least take something off your plate at a time when you already have plenty on it. Then, you can make the right decisions about your legal case with the help of your attorney.

Contact a New Orleans Car Accident Attorney Today

The attorneys at Egenberg Trial Lawyers have a long track record of helping car accident victims get the money that they deserve. Standing up for injured clients is what we do, and we are motivated by the prospect of taking on big and powerful companies on behalf of the people whom we represent. The first thing to do is reach out to us to talk about your case at an initial consultation. You can contact us online or call us at (504) 229-5700 to schedule a time to talk about your case. 

WHAT YOU SHOULD KNOW ABOUT REAR-END ACCIDENTS IN LOUISIANA

Posted on by bradeg

Rear-end crashes may be far more serious than you think. At first, it may seem like you were in a minor crash, even if there was some damage to your car. However, rear-end car accident injuries are not always apparent at the time of the crash, or even in the first days after the accident. The other entity that may act like a rear-end accident was not serious is the insurance company. Regardless of the type of crash, you are legally entitled to compensation when someone else caused the crash. 

 

Your Injuries May Not Be Apparent at the Time of the Crash

 

The most common type of injury in a rear-end car accident is whiplash. When your car is hit from behind, the physics of the crash means that your head snaps forward while your body remains still. The violent motion of your head and neck can cause a number of different types of injuries.

 

First, you could suffer neck and back injuries from whiplash. Some accident victims could suffer from severe pain or reduced motion. At the minimum, they could suffer a neck strain. Some whiplash injuries could be far more serious and require surgery or extensive rehabilitation. Whiplash neck injuries could be permanent.

 

Second, and even more alarming, whiplash could cause a traumatic brain injury. The violent motion could cause your brain to move inside your head. The brain could hit the skull, causing a concussion or more serious brain injury. Traumatic brain injuries could require significant medical intervention for you to have a chance of returning to normal. If you delay in getting checked out and treated, you could lose valuable treatment time. 

 

Always See a Doctor After a Crash Just to Be Sure

 

The delayed, yet serious injuries caused by whiplash make a trip to the doctor’s office a must after a rear-end car accident. Even if you think that you have not been injured, you should confirm that with your doctor. One trip to a physician could reveal injuries that you did not think you had. The early diagnosis could save you from suffering more serious damage because your injuries lingered without treatment.

 

If you intend to seek financial compensation, you must visit a doctor for a comprehensive diagnosis. Delaying a trip to the doctor’s office increases the chances that the insurance company could claim that:

 

  • Your injuries originated from something other than your rear-end car accident
  • You made your injuries worse by delaying treatment, and you should receive less money as a result

 

Even if your rear-end car accident aggravated a pre-existing condition, you can still be compensated for your injuries, no matter what the insurance company says. In any personal injury case, the rule is that you take your victim as you find them, meaning that it does not matter whether you were more likely to be injured in a rear-end car accident. The responsible party must pay for all damages that they caused, regardless of your condition prior to your accident. 

 

There Are Some Presumptions of Liability

 

In any rear-end car accident, there is a presumption that the driver of the car that hit the lead vehicle is at fault for the crash. While this is a presumption, it is not an ironclad rule. If the lead vehicle stopped short in front of the rear car or cut them off, then the front car could bear responsibility. Nonetheless, the rear driver faces an uphill battle if they are trying to obtain compensation. However, if you were the rear driver, and you believe that the front car was at fault, it never hurts to contact an attorney to discuss your case. It will not cost you anything. 

 

Because some rear-end car accidents are not serious, and they have a lower fatality rate than other types of crashes, insurance companies may try to minimize your damages. In some cases, they are able to get away with it. However, the responsible party has a legal obligation to pay for all your accident damages, regardless of how the crash occurred. Just because you were rear-ended does not mean that you are any less injured. Insurance companies are especially skeptical of whiplash claims because people frequently make them. However, someone else’s claim has nothing whatsoever to do with your injuries. 

 

You Need an Experienced Attorney for a Rear-End Crash Claim

 

Hiring an attorney is one way to keep an insurance company from paying you too little. Rear-end car crashes can still cause serious bodily injury. An attorney will help you compile your claim and value your own personal injury. If the compensation that you have been offered is too low, you can reject it and respond with your own demand. You do not just have to simply accept what the insurance company offers. 

 

In addition, having an experienced attorney working for you can keep the insurance company from trying to blame you in part for your own injuries. The insurance company may try to argue that you stopped in front of their driver who hit you. Even if their claims do not have a sound basis, they can still get in your way when you are trying to negotiate compensation. Your attorney would defend your actions before the crash because it would maximize your own payment. Even if the insurance company only partially blames you, it would still cost you money. Insurance companies treat you differently when there is a tough attorney holding them accountable. 

 

Call a New Orleans Car Accident Lawyer

 

There is no such thing as a car accident that is not serious. Even if you suffered slight injuries or damages, you have still been impacted by someone else’s actions. If you do nothing, you are leaving money on the table. It is always worthwhile to explore your legal options with an attorney. At Egenberg Trial Lawyers, we help those who have been injured in a car accident. Call our office today at (504) 229-5700 or contact us online to discuss your case in a free initial consultation. 

Why are Fatal Crash Rates Climbing in Louisiana?

Posted on by bradeg

In Louisiana, like the rest of the country, people are driving far more dangerously these days. This statement is not just a scare tactic. It is backed up by the numbers. Reckless driving has increased sharply since the start of the pandemic. Less traffic on the roads and more room have caused people to take far more chances than they did previously.

 

The Pandemic Has Caused an Increase in Reckless Driving

 

It is a fair statement to say that drivers have gone from bad to worse over the past several years. Louisiana roadways were always a dangerous place. Now, the average accident in the state is far worse than it was. 

 

In addition, there is a perception that law enforcement has backed off of enforcing some traffic laws. For a time, some police officers did not want face-to-face interaction with motorists out of fear of contracting COVID-19. Some drivers got the feeling that normal rules in society were suspended during the pandemic. There has been an overall breakdown of societal norms that lead some drivers to the impression that rules do not apply to them. As a result, they make conscious choices that endanger other drivers. In general, it feels like there is less civility and regard for others, and that extends to the roadways. 

 

Drivers have also increased other extremely dangerous behaviors behind the wheel. It is difficult to say whether it is because of the pandemic or a general disregard for safety. Despite the fact that Louisiana has strict seatbelt laws, law enforcement has noted an increase in drivers disobeying these laws. In addition, not wearing a seatbelt can take a moderate car crash and turn it into a severe one. Some drivers may not follow seatbelt laws, and that increases the chances that a serious injury becomes a fatal one. 

 

Tougher Drunk Driving Laws Have Not Worked

 

Further, drunk and impaired driving is also up throughout the state. Alcohol is a factor in 40% of auto accident fatalities in Louisiana. The state has passed new laws that toughen the penalties for drunk driving, but there is still much progress to be made. The pandemic has made the problem of drunk driving far worse because people drink at home and get on the roads. 

 

Distracted Driving Is increasing Because of Smartphones

 

Distracted driving has also caused fatality rates to soar. Distracted driving crashes are among the most dangerous because the driver who is not paying attention makes little to no effort to slow down or avoid the crash. These days, there is far more to compete for drivers’ attention behind the wheel. If they are not sending a text or checking social media, they are eating or having a conversation.

 

Statistically, drivers have a higher chance of dying in a distracted driving crash because of the speed involved. Almost one in every ten traffic fatalities nationally happen in a distracted driving crash. Oftentimes, the most inexperienced drivers (teens) are the ones who drive distracted. No matter what laws Louisiana passes to cut down on this danger, distracted driving deaths have not budged. 

 

Larger Cars Mean More Serious Crashes

 

Auto accident fatalities are also climbing because the average car is much larger than in the past. Americans want bigger cars these days, and they are opting for SUVs and trucks in larger numbers. Most Americans do not want smaller sedans, and domestic automakers do not manufacture these vehicles anymore. Even when sedans are redesigned, their size increases with every new design.

 

The laws of science dictate that larger cars will cause far more force and impact when they crash into smaller vehicles. Although the occupants of larger cars are more protected in crashes because of the additional room for impact, those in smaller vehicles will bear the brunt of the accident. Even smaller cars with the highest safety ratings performed poorly in crash tests with larger cars. 

 

In addition, there are far more trucks on the road than there were in the fast. The rise of online shopping and an increase in economic activity means more trucks bringing their cargo to their destination. Not every truck driver is well-trained and experienced. In fact, the truck driver workforce is aging, being replaced by younger drivers, if the trucking company can even find new operators. With more trucks on the road, there is a higher chance of being in a crash involving an eighteen-wheeler. These crashes have much higher fatality rates. 

 

Wrongful Death Damages for Fatal Car Crashes

 

If your loved one has been killed in a car accident, Louisiana law allows you to file a wrongful death claim. If you are able to prove that someone else was responsible for the crash, your family can receive financial compensation to pay for its losses.

 

Wrongful death compensation can pay for:

 

  • The lost wages that your loved one would have earned for the rest of their career
  • Compensation for your family’s trauma and grief from losing a loved one in an accident
  • The loss of the love, support and guidance that your loved one provided

 

Wrongful death claims may result in higher settlements for the family, considering the damages that they have suffered and what the families have lost. Given what is at stake, you should have an attorney working on your behalf. 

 

Contact a New Orleans Car Accident Lawyer

If your loved one has died in a car crash, you may be able to obtain financial compensation if you can prove that the other driver was at fault. An experienced attorney can gather evidence and help demonstrate responsibility for the crash. Then, you need legal help to receive the most possible money for your wrongful death claim because that is money that your family needs. Call the attorneys at Egenberg Trial Lawyers at (504) 229-5700 or message us online to discuss your case.

The Lifetime Costs of Traumatic Brain Injuries

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There is a wide range of outcomes when talking about lifetime costs of TBIs. It all depends on the extent of your injury and your future prognosis. One study has placed the average lifetime costs of TBI treatment at between $85,000 and $3 million. This is just the cost of treatment. There are additional costs that would raise the value of your financial recovery. Before you file a claim for a TBI, it is important to understand all the ways that these injuries can cause you harm, both now and in the future. 

Medical Care for Traumatic Brain Injuries Is Very Expensive

The most obvious cost of a TBI is in the medical care that you may need. Rehabilitation is possible, depending on the extent of your treatment and how early you begin aggressive intervention. This could include neurological surgery and extensive rehabilitation. You may need an entire team of doctors to provide medical care, led by a neurologist. These costs can remain with you for a lifetime, especially when you will not be able to make a full recovery.

The rehabilitation that could be needed for years could include:

  • Physical therapy
  • Occupational therapy
  • Speech therapy

In addition, a patient would need extensive psychological counseling because TBIs can cause emotional changes, such as depression and anxiety. Medical care costs can reach into the millions for a lifetime, and you must recover these costs now. 

Lifetime Costs of a Traumatic Brain Injury Includes Lost Wages

Studies also show that the employment prospects for someone with a TBI are far worse than they were before the injury. One study has the rate of unemployment among people with TBIs at more than five times higher than the expected rate. The overall unemployment rate for people with TBIs is over 40%.

This adds up to perhaps a lifetime of lost wages, as many TBI patients lack the capacity to work again. Even those who do may not be able to earn what they previously made because of their limitations from the injury. If someone was injured early in their professional career, the damages from lost wages could reach into the millions of dollars.

Further, the family could also suffer lost wages. If a family member must stop working to care for their injured loved one, this is also harm that the defendant must pay. Your lawyer will consult with a vocational expert to establish the exact amount of lost wages from an injury to get a starting point to negotiate with the insurance company. 

Another major part of TBI costs are the people necessary to care for a TBI patient. When someone is not able to do everything for themselves, they will need care to help with the activities of daily life. This could include home health care and other aids. This can be a major expense that the family must bear to make their life more manageable.

 

Your Lifetime of Complications Raises the Costs of Your TBI

These are just the economic costs for financial damages that have come out of your pocket. In reality, the lifetime costs of a TBI are far higher because of what you may go through from your injury. These are the non-economic costs that could be every bit as high as your lost wages and medical bills.

The main non-economic damage that will drive the lifetime costs of a TBI higher is the pain and suffering that you will endure. When you will never be the same after a TBI, there are a number of effects that stretch beyond physical pain and discomfort. Going through life limited by a TBI will also cause many emotional impacts. Having a reduced quality of life, along with the stress of a TBI, can cause the following:

  • Depression
  • Anxiety
  • Trouble sleeping
  • Loss of memory
  • Irritability 

You can also receive compensation for the emotional distress aspect of your TBI. This includes distress from both the incident that caused the injury as well as the continuing harm that you suffer.

You Need to Learn About the Extent of Your Costs After Your Traumatic Brain Injury

It is crucial that you have as much information about the lifetime costs of a TBI as possible after your injury. You will only have one chance to settle or recover compensation for your TBI. You do not want to do it before you know how you may be affected over the course of your lifetime. Accepting a settlement will require you to sign a release agreement that will keep you from coming back for more money if you do not recover enough money now. 

You may wonder how it is possible to know the lifetime costs of my TBI now. This is where your personal injury lawyer comes into the picture. It takes skill and experience to know how much a TBI is worth, especially when so much of the damage happens in the future. We will work with experts to help put a value on your case. We will consult with the following:

  • Medical experts who can help establish the degree of severity of your injury
  • Life care planning experts who could describe the amount of care that will be necessary to help the TBI victim in the future
  • Economic experts who can explain how inflation will affect the value of the claim (since you are recovering money for years into the future)
  • Vocational experts to establish how the TBI has impacted your ability to make money now and in the future

 

New Orleans Traumatic Brain Injury Lawyers 

At Egenberg Trial Attorneys, we know how to value complex damages such as TBIs. We know what your claim is worth, and we do not hesitate to stand up and fight for you to get everything that you legally deserve after your TBI. Call us today at (504) 229-5700 or contact us online to arrange  a free consultation to discuss your case. You will owe us nothing out of your pocket for legal services, as we are only paid if you win.

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