Call Us For All Your Personal Injury Needs!

337-377-0584 or 800-216-6808

Practice Areas

Lake Charles Personal Injury & Wrongful Death Law Blog

Death due to lack of care at Louisiana hospital, lawsuit claims

When a loved one becomes sick, people depend on hospitals and other health care facilities to provide the person with the best possible medical care. In fact, laws in Louisiana and in the rest of the country make it mandatory for medical facilities to provide a certain standard of care. If a medical facility fails to provide that standard of care, it may face consequences in the form of citations by regulatory authorities or medical malpractice lawsuits.

Recently, a hospital in Shreveport, Louisiana, was named in a lawsuit that alleged that a hospital failed to provide adequate care, which led to the death of a 49-year-old man in 2011. The lawsuit was filed by the deceased victim's family. Reportedly, the lawsuit is claiming undisclosed damages for medical expenses, lost wages, pain and suffering and loss of companionship, among other things.

Basics of the Longshore and Harbor Workers' Compensation Act

Louisiana has long coastline dotted with numerous ports and harbors. Many state residents, such as those residing in Lake Charles, are employed at maritime facilities. Unlike employees covered by state workers' compensation laws, dock and harbor workers receive benefits from different federal acts, such as the Jones Act, the Death on the High Seas Act and the Longshore and Harbor Workers' Compensation Act or LHWCA. Information about the Jones Act and the Death on the High Seas Act can be found in our earlier blogs posts.

The LHWCA is administered by the federal Office of Workers' Compensation Programs. According to the LHWCA, workers injured while performing duties on navigable waters belonging to the United States or in a U.S. harbor or port while loading, unloading, repairing, building or dismantling a vessel are entitled to workers' compensation. The LHWCA also provides benefits to certain survivors and dependents, if the injury to the worker was development of an occupational disease.

Lake Charles motorcycle crash victims may need legal advice

Residents of Lake Charles, Louisiana, might remember one of our previous posts about an accident involving a motorcycle and a car resulting in death of a couple riding a motorcycle. The accident occurred after a car, driven by a 62-year-old Calcasieu, Louisiana, resident suddenly turned in front of the motorcyclists on a local highway. The motorcycle driver could not stop and the couple was ejected from their bike.

Thousands of Louisiana residents ride motorcycles and this accident was just one of many motorcycle accidents that occur across Louisiana every day. Another person's negligence can result in a motorcycle accident victim suffering serious injuries, permanent disability and even death.

Texas motorcycling couple killed in Rapides Parish crash

Many Louisianans know that motor vehicle accidents can be devastating to motorists no matter what types of vehicles are involved. People can be injured, sometimes leaving them permanently disabled, or even killed.

Motor vehicle accidents and their causes are continuously being studied by federal, state and local government agencies and law enforcement officials to find ways to minimize the chances of accidents and the level of destruction. Several findings suggest that motorcycle accidents are significantly worse on victims and their families because of the increased likelihood of serious injury and death.

Taking precautions can help prevent spinal cord injuries

Louisiana residents would probably agree that a spinal cord injury is serious. Approximately 11,000 spinal cord injury accidents occur every year across the United States. While motor vehicle accidents are the leading cause of spinal cord injuries for people aged 65 and younger, falls lead for people aged 65 and older. According to statistics, sports and other recreational activities are responsible for the most spinal cord injuries under 29 years.

Spinal cord injuries may impact a person emotionally and financially. The person may have difficulty with routine tasks. Many people with spinal cord injuries may need long-term medical care and may not be able to work. The disability can create financial difficulties for everyone involved. However, certain precautions may help to prevent a spinal cord injury.

Can the State of Louisiana be sued for injury or wrongful death?

Residents of Louisiana may know that a negligent party responsible for causing injuries or a wrongful death to a person can be sued by a victim or surviving family members. If the negligent party happens to be the State of Louisiana, its agency or a political subdivision, the state may also be held liable for personal injury or wrongful death cases. However, there are certain limitations that must be followed by a court while awarding compensation. The purpose behind the limitation is aimed at curbing the trend of governmental liability abuses to avoid overburdening the state's economy and its taxpayers with increased taxes.

A lawsuit for damages must be instituted in a Louisiana state court only and not any other court. The total liability of the state for all the damages in a personal injury case to any one person cannot exceed $500,000, including all claims and derivative claims. However, this does not include medical expenses, lost wages, property damages and loss of future earnings. The same limitation will also apply in a wrongful death lawsuit.

A Louisiana lawyer can protect best interests of crash victims

Residents of Lake Charles are aware that several factors can lead to a motor vehicle accident, including distracted driving, driving while intoxicated or defects in a car. In the event of a car accident resulting in death or serious injuries, the financial situation of a family can become further complicated. A car accident victim and his or her family may be entitled to seek compensation for damages. However, they may not receive the maximum possible compensation they deserve if the case is not handled properly.

Our law firm fights for the rights of car accident victims and their families in Calcasieu Parish and surrounding parishes of southwest Louisiana. For more than 20 years, our firm has built a reputation of aggressively pursuing and protecting the best interests of our clients. We handle all types of car accident cases, big or small, and all types of injuries resulting from a car accident or wrongful death caused by a car accident.

Focus is on restoring neuron function after spinal cord injury

Spinal cord injury is one of the most catastrophic injuries an individual in Louisiana can suffer. Whether it is due to a car accident or a worsening medical condition, quadriplegic and paraplegic injuries can affect a person for their entire life. Restoring the function of damaged cells after a spinal cord injury completely depends on forming new connections between the surviving nerve cells.

Medical science has already made advancements in reconnecting nerves through delicate surgeries, but researchers are working hard to find ways that allow these cells to restore and function independently on a cellular level without surgery.

Provisions for good car accident insurance coverage in Louisiana

No matter how skillful a driver may be or how carefully insurance coverage for a motor vehicle is chosen, consequences from motor vehicle accidents in Louisiana are inevitable. Distracted and drunk drivers on the road continue to cause accidents due to negligence. There is a possibility that these distracted drivers are uninsured or underinsured. In such cases, one way car accident victims may be compensated for medical expenses if they carry liability coverage.

Many drivers include provisions in their policies to address uninsured or underinsured motorist coverage. Under this coverage, if a drunk or distracted driver hits a victim's car, compensation may be provided to the insured and other occupants in the vehicle who have suffered any type of bodily injury.

How the Death on the High Seas Act can affect Louisianans

Louisiana laborers who toil at sea have higher rates of injury and death than most workers. Fishermen, oil-rig workers and dockworkers can be injured or killed in boat collisions or on oil platforms. In many cases, they or their families have trouble obtaining fair compensation to cover the costs of medical treatment, lost income and loss of companionship. These victims, however, may be able to find legal help through the federal Death on the High Seas Act of 1920.

Any offshore worker who is injured beyond three nautical miles from the U.S. coastline has the right to file a lawsuit under the act against the person or vessel responsible, if negligence or unseaworthiness is a factor. A court will, however, consider any contributory negligence by the worker when establishing overall negligence and setting the amount of compensation.