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Houma Louisiana Personal Injury Blog

Who is permitted to bring a wrongful death suit in Louisiana?

In our state, if an individual dies due to the negligence or recklessness of another (who is ultimately at fault for the death), and that individual's survivors suffered damages as a result of the death, they may wish to pursue a wrongful death lawsuit. However, not just anyone is permitted to bring a wrongful death action.

Louisiana Code Article 2315.2 delineates who can bring a wrongful death lawsuit. First, if the deceased has a surviving spouse and child(ren), the spouse or the child(ren) can pursue a wrongful death claim. If the deceased has no surviving spouse or child, then the deceased's surviving parents (either one or both of them) can pursue a wrongful death lawsuit. If the deceased has no surviving spouse, child or parents, then the deceased's surviving sibling(s) can pursue a wrongful death claim. Finally, if the deceased has no surviving spouse, child, parents, brothers or sisters, then the deceased's surviving grandparent(s) can pursue a wrongful death lawsuit.

Louisiana motorists must practice motorcycle awareness

Some residents may view motorcyclists as reckless risk-takers, but in reality, most motorcyclists are responsible and just want to get from Point A to Point B safely. Unfortunately, if a motorcyclist is in a crash, the laws of physics are not on their side. Therefore, it is important for all motorists to practice motorcycle awareness, so they can avoid these types of collisions. The following are some duties motorists have towards the motorcyclists they share the road with.

First, motorists must ensure they are paying attention to their surroundings, so they do not miss motorcycles. Motorcycles have a smaller profile, making them hard to see. Nevertheless, motorcyclists have the same right to share the road as motorists.

4 ways to collect evidence after a truck accident

Due to their size, truck accidents are far more likely to result in fatalities than collisions between two vehicles of the same size. Louisiana State Police had to contend with one such catastrophe after a garbage truck struck a pickup truck, killing the driver. 

Accidents involving big rigs can result in severe injuries. One of the most important things a person can do after such a collision is collect as much evidence as possible. Filing a claim against a commercial truck becomes a bit more complicated because the company itself may hold some liability. Here are some steps to take to preserve evidence to help your case in the event this incident goes to court: 

Serious burn injuries are all too common in the U.S.

A person in Louisiana might get a minor burn from now to then, for example, by taking something out of the oven or getting a minor sunburn. While these burns may be treatable at home, it is possible to suffer a serious burn injury that requires hospitalization. And, unfortunately, serious burn injuries are all too common in the United States.

According to the American Burn Association, from 2011 to 2015 around 486,000 people went to the emergency room with a burn injury. The main causes of burn injuries include fires, being scalded with hot liquid, touching a hot object, electricity and chemicals. Most burn injuries (73 percent) took place in a person's home while 8 percent of burn injuries took place in a person's workplace. Children are often the victims of burn injuries -- around 25 percent of burn injuries were suffered by minors age 15 and under.

Service members may suffer brain injuries during training

Many people in Louisiana may know that military service members can suffer traumatic brain injuries while in combat. However, what some may not realize is that service members could suffer brain injuries in training as well. And, unfortunately, the Department of Veterans Affairs may not always cover a traumatic brain injury that was not incurred in a combat situation.

For example, one service member who used rocket launchers while in training experienced muffled hearing, blurry vision and a loss of spatial orientation, even 20 years later. But, VA guidelines do not have a category for those who receive brain injuries in training. This is because, according to the VA, there is not a strong enough link between the use of heavy weapons in training and long-term health issues. This means that the VA may not always cover expenses the service member incurs from treating his or her brain injury.

Car accidents caused by teen drivers are common

Earning their driver's license is a rite of passage for many teenagers in Louisiana. Teenagers may be eager to hit the open road with their newfound independence. However, inexperience, combined with other factors, can result in car accidents involving teenagers.

According to the Centers for Disease Control and Prevention, in 2015, over 2,330 teens between the ages of 16 to 19 in the United States lost their lives and nearly 236,000 others were injured in car crashes. In fact, motor vehicle accidents are the primary cause of death for teenagers in our nation. Teen drivers between the ages of 16 through 19 were three times more apt than adult drivers to be involved in a collision resulting in death.

Can one pursue a wrongful death suit after a boating accident?

Louisiana boasts many beautiful rivers, lakes and coastlines. This makes boating a popular activity for many across the state. However, boating can be dangerous. Just as there can be negligent motorists on the roads, there can be negligent boaters on the water. Sometimes this leads to fatal boating accidents.

There are a variety of ways a boater can cause a boating accident. For example, if a boater is not paying attention when operating their vessel, is not properly looking out for other boaters or hazards, does not have sufficient experience in handling a boat, is speeding or is drunk, this could lead to a boating accident. In fact, in 2015 the U.S. saw 626 fatalities in boating accidents, not to mention thousands of injuries.

Comparative negligence in motorcycle accident cases

Most states, including Louisiana, have laws on when a motorcyclist is required to wear a helmet. It is well recognized that wearing a helmet can save a motorcyclist's life in a motorcycle accident. In fact, motorcyclists who do not wear a helmet are three times more likely to suffer a brain injury in a crash, and many bikers lose their lives after injuring their head in a collision.

Unfortunately, motorcycle accidents can happen to helmeted and helmetless motorcyclists alike. A motorcyclist who is not wearing a helmet may be injured in a crash caused by a negligent driver. The motorcyclist may want to pursue compensation from the at-fault driver, but does the fact that they were not wearing a helmet mean they cannot recover damages?

3 free apps that help prevent distracted driving

Distracted driving takes many forms. The Centers for Disease Control and Prevention reports that there are three types of distracted driving: Visual distraction pertains to removing your eyes from the road, cognitive distraction involves taking your mind off the act of driving and manual distraction involves you taking your hands off the wheel.

Responding to a text message falls into each of the above categories. Taking your eyes off the road for even a couple seconds can result in a car accident. That is why it is important for parents to consider installing apps on their teenagers' phones, as well as their own phones, to lessen the likelihood of a collision. 

What types of burn injuries could one suffer in the workplace?

Sometimes, a person is burned while at home, perhaps, by touching a hot stove or receiving an electrical shock when replacing a light fixture. However, the home is not the only place where burn injuries can occur. People in Louisiana suffer burns in the workplace. There a variety of burns a person could suffer while on-the-job.

One type of burn is a thermal burn. Thermal burns involve hot fluids, exposed flames, explosions and hot objects. To avoid a thermal burn, employers need to provide their workers with protective clothing and equipment. Employers should also train workers on fire prevention tactics. Employers should also have plans that can be implemented if a fire is detected.

The Law Offices of Brent J. Rhodes 620 School Street Houma, LA 70360 Toll Free: 866-692-8703 Phone: 985-262-7799 Fax: 985-868-9429 Houma Law Office Map

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