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Lake Charles Personal Injury Law Blog

Questions asked when determining if a total disability exists

When you apply for benefits because of a total disability or a partial disability in Louisiana, a number of questions are going to be asked to determine if you're eligible or not. It's very important to know what some of these questions are so that you understand the full legal process.

First of all, the government will want to know if you are working at all. You can still get some benefits if you're working part time and earning under $1,090 each month, but you won't qualify if you earn more than that on average.

Negligence makes a difference in workplace accidents

It doesn't matter to what degree danger or risk of injury applies to a job or profession. Any employee at any given time might suffer a workplace accident. It can be on the business premises, during work-related travel or under many other circumstances. Most of us know that benefits are available to help in these situations thanks to workers' compensation laws. But there are times when possible negligence deserves a look. Construction site accidents, especially in the Louisiana oil fields, are an example.

As noted on our construction accident practice page, one in every 10 construction workers is hurt on the job each year. Reimbursement for medical care and lost income is usually available to these suffering workers through their employers' workers' compensation insurance. Taking advantage of these benefits, however, limits the ability of an injured worker to file other claims.

Driver sues government after Causeway Bridge car crash

The Causeway Bridge is a fixture of Louisiana, a stunning example of design and engineering, but it can also be a dangerous place to drive. One woman found that out the hard way when she struck ice while crossing the bridge. Her car went briefly out of control and slammed into a concrete guardrail. No other vehicles were involved in the crash.

Now, the woman has turned her attention to the Greater New Orleans Expressway Commission. That body is in charge of maintaining and generally taking care of the bridge. She says that they did not do a good enough job because they neglected to clear off all of the ice. She claims that led directly to her accident and that she should be compensated due to the Expressway Commission's failings.

Louisiana wrongful death products liability claims: Who can sue?

Fatal accidents are tragedies that no family should have to face. But they happen, and there are times when the cause of the fatality is someone's negligent, deliberate or reckless behavior. These can include motor vehicle crashes and other personal injury circumstance between two individuals. Some of the most tragic wrongful death matters revolve around a defective product, and the companies involved can be held liable.

There is a certain element of risk we all assume just by pursuing our daily activities. As consumers, however, we must be able to trust that the vehicles we drive, drugs we take, food we eat and toys our children play with are safe to use as recommended by their manufacturers. When a defect leads to injury or death, whether or not the manufacturer had knowledge of the dangerous product, victims and survivors may seek compensation for their losses.

Man disabled by excavator accident in Louisiana

According to a construction worker in Louisiana, he suffered disabling injuries after a heavy load was dropped on him by an excavator. He has now started a lawsuit to sue those who own the excavator for the damages coming from this incident.

The accident happened on Jan. 15, 2014. The crew was working in Kenner on a public works project. The man who was injured has stated that the worker running the excavator was acting dangerously when he did so, not following proper safety procedures. He says that this negligence is the reason for the accident, and, as a result, for his injuries.

What are common reasons for truck accidents?

When Louisiana residents hear about truck accidents in the news, they are often large events that involve controversies surrounding questions about things such as driver fatigue. Certainly, driver fatigue can be a cause for commercial driving accidents, but according to a study from the Department of Transportation, it is only one of a dozen events that lead to large truck accidents.

One of the top reasons listed by the DOT for truck crashes is that the driver simply loses control of the vehicle, generally after a causation event while operating the truck. Common events include a blown tire or the need to move suddenly out of the way of something, such as another vehicle encroaching on the lane the truck is occupying.

You can challenge Social Security decisions in Louisiana

The Social Security Administration wants you to know that you absolutely have the right to challenge a decision that is made regarding your claim if you would like to do so. You do not merely have to accept the amount of payment that you are given or the decision not to offer any payment at all. There is an appeals process that you can use to make sure that you get fair treatment when it comes to your claim.

One of the most important things to keep in mind while doing this in Louisiana is that there is a schedule that has to be followed. A letter will be sent to you telling you what decision has been made. When five days have passed since the SSA sent this letter out to your address, they assume that it has gotten to you. If you have distinct proof that it did not arrive that quickly, you can show them and they will alter the proceedings.

Lake Charles residents should pay attention to road conditions

When we enter a courtroom or negotiation, we always strive to be as prepared as possible. Preparation never hurt anything, and not being prepared can lead to disastrous consequences. One way Lake Charles residents can protect themselves on the roads is to understand road conditions prior to getting behind the wheel.

Even in south Louisiana, icy roads can be a hazard in winter, especially over bridges and overpasses. Throughout the year, flash flooding is a concern in low-lying areas. If water is moving quickly across the road, you should never drive through it, as even quickly running shallow water can carry a vehicle. Even a short downpour can lift oils off the road, making them dangerously slick. By being aware of local road conditions, individuals know to drive slower and watch for weather-related obstacles.

Alleged reckless driver causes deadly crash in Louisiana

A crash in Gonzales, Louisiana, claimed the life of one man, and the other driver is now facing charges for alleged reckless driving. The crash happened out on Interstate 10, and it took place on Feb. 22, 2015, which was a Sunday morning. The man who died was 66 years old, and he was from Baton Rouge.

According to reports, the impact of the crash was so violent that the SUV that the older man was driving flew into the air when it was smashed by a smaller sedan. That happened at about 5:15 in the morning, and police shortly arrived at the scene to find the SUV in the median, forced off of the roadway.

Boat safety in Louisiana is everyone's job

As weather gradually turns warmer, Louisiana boaters are increasingly likely to hit waterways. Keeping each other safe in rivers, lakes and offshore waters is the job of every boater, which is one reason Louisiana requires many boaters to take a boating safety course to operate any boat or water vessel powered by a motor with over 10 horsepower.

The boater safety course requirement does not cover all boaters, since the law grandfathered boaters of a certain age in. Any person born in 1984 or later must take the safety course. Though safety courses are offered by a range of vendors, the course chosen must be approved through the National Association of State Boating Law Administrators to qualify.

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Cox, Cox, Filo, Camel & Wilson L.L.C.
723 Broad Street
Lake Charles, LA 70601
Phone: 337-240-9349
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