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New Orleans Personal Injury Law Blog

A victim's family may have the option of a wrongful death claim

Although death is a part of life, it is still tragic when an innocent victim's life is cut short too soon. New Orleans residents know that the criminal justice system deals with many of these cases. But does the victim's family have any recourse against the parties responsible for their loved one's death? They may. This blog post will give a quick introduction to this sensitive topic.

Whenever a victim's family believes their loved one died as a result of the wrongful actions of another, they may have the option of pursuing a wrongful death claim against the responsible parties. In order to win a wrongful death case, plaintiffs must prove that the death of the victim was caused by either the defendants' negligence or the intent to cause harm. The plaintiffs must also prove they they have suffered monetary injury as a result of the victim's death. Finally, a personal representative must have been appointed for the victim's estate.

What protections do injured seamen have?

Federal law provides important protections for injured seaman. Louisiana workers injured in an offshore accident may wonder what protections are available to them. Under federal law, injured seaman and family members of seamen who have been killed in the course of work enjoy legal protections. The Jones Act provides legal options for personal injury and wrongful death claims brought by an injured seamen or injured seaman's family against their employer.

The Jones Act is a federal law that allows injured seaman to bring a claim for damages against their employer if the employer's negligence contributed to the injury or harm suffered by the seaman. Injured seaman may be able to recover compensation for damages including medical expenses and future medical care costs; lost earning capacity; the value of room and board had the seaman been able to remain at sea; pain and suffering damages; and additional types of damages.

States say OxyContin maker provided insufficient warning of peril

Most people in Louisiana have heard of -- and perhaps witnessed firsthand -- the opioid drug epidemic that has raged across the Bayou State and the country as a whole. There are always many contributing factors to the proliferation of drug addiction whenever it happens. But according to some state attorneys general, a major factor in the epidemic was the decision by one drug maker to misrepresent the dangers of its products.

A number of state and local governments have filed lawsuits against Purdue Pharma, the manufacturer of the opioid painkiller OxyContin. According to the officials, the pharmaceutical company chose to misrepresent the dangers posed by OxyContin. The officials allege that the company falsely told physicians that OxyContin was less addictive than other opioid painkillers and was less likely to get into the hands of those addicted to opioids.

What is a vessel for maritime law purposes?

This Orleans Parish law blog has discussed admiralty law, how it is the area of law that relates to injured seamen and how they can seek compensation for their damages. The doctrine of maintenance and cure applies to persons that the law determines are seamen. One of the requirements for a person to be a seaman in the eyes of the law is that the person must be working in the service of a vessel in navigation and on navigable waters. This blog post will give a summary of how the law determines whether this requirement is fulfilled.

When determining whether a structure is a "vessel" in the eyes of admiralty law, courts look to the purpose for which the structure was constructed and the business in which it is engaged. If a structure has the primary purpose of transporting cargo, passengers or equipment over navigable waters, it will likely be considered a vessel for purposes of determining whether the doctrine of maintenance and cure applies.

Navigating the aftermath of an auto accident

From Bossier City to New Orleans, semitrailer trucks roar across the highways and byways of the Pelican State. Despite this horsepower on display, most trucks pass to, from or through Louisiana without incident. But when an 18-wheeler accident happens, the property damage and injuries that ensue can be devastating. This is because of the great size, weight and mass of these leviathan vehicles.

Back in December we told you about a massive, multi-truck pileup on Interstate 10. Six semitrailer trucks were involved in the crash, which shut down the Interstate for hours while crews laboriously removed all of the disabled vehicles. Two people were injured and were taken to the hospital.

Car accident sends vehicle into Lake Pontchartrain, one injured

It is always a great idea for Louisiana drivers to employ good driving habits and maintain a proper lookout while driving. But there are some conditions and places where motorists must be on their best driving behavior. A heavy rainstorm is one situation where drivers should be extra careful. Driving on a bridge or causeway is another. Recently, a man was injured in a terrifying car accident on the Lake Pontchartrain Causeway. The accident involved another driver who was allegedly driving carelessly.

Can a family recover for the wrongful death of an elderly victim?

Many inhabitants of New Orleans parishes have been fortunate to enjoy a long life. They have survived wars, Hurricanes Katrina and Rita and more. Tragically, it is possible for elders to die as a result of the negligence of another. This blog post will discuss, in a general manner, what damages may be recoverable in a wrongful death case, where a senior citizen is the victim.

First of all, the family of an elderly victim may recover general damages for the victim's pain and suffering. Despite the fact that the victim did not survive an accident, it may be possible for the victim's family to recover, if the victim experienced pain and suffering before death. Similarly, if the victim accumulated medical expenses, these may be recoverable too. Also, funeral expenses may be recoverable.

After consumer injuries, protecting consumer rights

On a typical day, residents in New Orleans rely on various products to effectively get through his or her day. Automobiles, household products and other consumer goods make life easier and provide many benefits. Whether a product is designed to complete a certain task or is primarily use for entertainment, some consumer goods have numerous working parts. This means that each component has to be properly designed, produced, manufactured and put together to successfully result in a completed product. This not only ensures that the product works properly, but also is safely operating. If any of the steps in the process are not followed properly, this could result in a faulty or dangerous product.

The reliance on certain consumer products make it even more difficult on an individual when a consumer product is not working properly. Even more, if a product malfunctions, this could put the consumer at risk. At Frischhertz Poulliard Frischhertz Impastato, LLC, our legal team understands the legal concept of product liability and has successfully helped past clients navigate actions arising from dangerous or defective products resulting in consumer injury.

Understanding maintenance and cure for injured seaman

Those working as a seaman are subject to the same risks and injuries of any worker in New Orleans and elsewhere. However, it is often the case that these risks and hazards are more severe, resulting in serious and even disabling injuries, in the event of a maritime accident. Because of that, seamen are afforded rights beyond traditional workers' compensation benefits.

An injured worker is generally entitled to the payment of losses related to the work injury. These include medical treatment, lost wages and permanent partial disability payments. And, under maritime law, an injured seaman is also entitled to maintenance and cure.

What should I do immediately after an auto accident?

One minute a person is driving along, minding their own business. The next -- wham! -- they find themselves involved in a car accident. Many motorists in New Orleans have experienced this horror. It is a good idea to know the proper course of action to take immediately following a car accident. This blog post will provide readers with some general information regarding the steps that should be taken after an accident.

The first thing to keep in mind after a collision is that any motorist involved in the accident should remain at the scene to assist others involved in the accident. This is especially true if others have suffered injuries in the accident.