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Frischhertz Poulliard Frischhertz & Impastato LLC

New Orleans Personal Injury Law Blog

Helping truck wreck victims in Orleans Parish

Semi-trailer trucks seem to be everywhere on the streets, roads and highways of Orleans Parish. These trucks are, for the most part, driven by professionals who observe reasonably safe driving practices. There are a few drivers who don't, however, and even a good truck driver can have a bad day. Also, the efforts of even the most skilled and dedicated truck driver can be thwarted if the driver's truck company does not share that skill and dedication to safety.

The consequences of a truck wreck can be horrific, with multiple serious injuries, and even deaths not out of the question. The victims of negligent truck operation deserve answers and compensation for their injuries. At our law firm, we do our best to pursue these goals for our clients.

Fatal offshore accident statistics are rising in Louisiana

Boating can be a way to earn money and to seek pleasant diversions in Louisiana. However, no matter how experienced a person is or what activity they are enjoying when out on the water, there is a chance that there will be an accident. In the worst case scenario, it will be a fatal offshore accident. Keeping track of trends regarding boating accidents and subsequent deaths can help victims be prepared and understand their circumstances to consider a legal filing for compensation.

There has been a significant uptick in fatalities on the water in 2016. The numbers are higher than they were at the same time one year ago. In fact, there were seven fatalities in September this year. A representative for the Louisiana Department of Wildlife and Fisheries stated that in 2016, 22 people have died on the water. This is in comparison to 13 through September of 2015. There were certain aspects of the fatalities that were common. Those who died were not wearing a life jacket. It is being stressed by the department that people need to make certain to boat while sober and to take the proper safety precautions.

Tests indicate rate of Takata air bag product malfunction

The news regarding defective air bags from Takata has grown so common that it is easy for Louisiana residents to become inured to it and perhaps miss important new revelations. Air bag inflators might not have been a significant concern when people purchased their automobiles, but given the number of people who have suffered serious injury and even death as a result of product malfunction of this defective auto part, it is imperative to keep track of new information that arises regarding how and why it happened to determine whether or not it is possible to pursue compensation in a legal filing.

The National Highway Traffic Safety Administration (NHTSA) issued a report stating that hundreds of air bag inflators that Takata used for its air bags experienced a rupture when being tested. According to the company, there were 245,000 inflators that were tested and 0.27 percent of them ruptured. That came to 660 of them or one in every 371. The agency provided four different reports regarding this issue. Included were its own. There was a variance in the ruptures depending on the location from which they came. Louisiana was among the humid southern states with the higher rates.

Examining altered consciousness brain injury

When a New Orleans resident is in a car accident, there are numerous issues that can result from it. One that can cause a significant amount of damage is a brain injury. Understanding the different problems that a person can have indicating brain injury after the auto accident will help the victim and his or her family be able to recognize them and seek treatment. In some instances, these problems do not show themselves immediately. With that, it's possible that the family might have missed the chance to move forward with a legal filing to be compensated.

Altered consciousness encompasses several different factors and all can lead to short and long-term damage. This includes a coma, being in a vegetative state, a minimally conscious state, locked-in syndrome or brain death. With a coma, the person will be unconscious and have not knowledge of what is happening, nor able to respond to stimulus. A person might recover from this or might be permanently damaged and fall into a vegetative state. With a vegetative state, the person might be able to open and close his eyes, move and respond reflexively. This can be permanent or the person might become minimally conscious.

Child killed in fatal offshore accident in Louisiana

In New Orleans, boating is an activity that many partake in as part of their jobs or as part of an enjoyable diversion. While there is a perception that motor vehicle accidents will predominately occur on the road in cars, trucks and other transportation vehicles, there can also be boat crashes that lead to injuries and fatalities. With any fatal accident, the family left behind will need to cope with the loss of a loved one. Part of that is seeking compensation for loss through a legal filing.

A 7-year-old girl was killed in a mid-afternoon boat accident. That accident occurred at approximately 2 p.m. as the girl was riding on a 20-foot boat that had four passengers, including the child. The boat upon which the girl was a passenger was hit by a Triton bass boat. The bass boat had one person onboard who suffered minor injuries. According to the investigation, the incident happened on a curve on the water. The girl had significant head injuries and was declared dead at the site of the crash. The investigation is ongoing.

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.