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New Orleans Personal Injury Law Blog

Workers' compensation claims in Jefferson

Most Jefferson employers strive to ensure that workplace dangers are minimized and their workers are safe. However, it doesn't matter how many safety precautions are taken. Some workers are always going to get hurt -- either by accident, through their' own fault or because of something the employer did or failed to do.

Even workplaces that seem very safe, like an office building, can present many dangers to workers. For example, office workers can develop serious back problems due to their sedentary working habits. They can also develop carpal tunnel syndrome from spending the entire day at the keyboard.

What the Email Privacy Act Means For You

On Wednesday, April 27, 2016, the US House of Representatives passed the Email Privacy Act by a vote of 419-0 in a burst of bipartisanship rarely seen in Congress. The bill now must pass through the Senate and receive a signature from President Obama before it becomes law, though both of these things are widely expected to happen.

Textalyzer technology could save us from smartphone perils

Texting while driving kills numerous Louisiana residents every year. Just like drunk driving, it does not matter how careful Louisiana drivers are, they could still be hurt or killed by another driver who unconscionably chooses to be distracted by his or her cellphone while operating a motor vehicle. For this reason, our state has laws governing the use of cell phones and prohibiting distracted driving. Indeed, Louisiana drivers must be reasonably attentive under the law while operating their motor vehicles in order to avoid getting into a car crash.

If Louisiana police discover that an at-fault motorist was operating his or her smartphone at the time of a collision, the motorist could face intense consequences in court — consequences that could include jail time and being vulnerable to a personal injury lawsuit. However, it still remains difficult for police to determine whether to suspect a driver of distracted driving. This is largely because drivers guilty of texting while driving are usually completely sober, they do not show any outward signs of the committed an offense and they rarely admit to what they were doing.

The history of assigning value to a lost body part

The idea of a body part being worth money in a workers' compensation claim is not something that most Louisiana residents think about on a daily basis. However, this is exactly what workers' compensation attorneys concern themselves with — and anyone who has lost a body part in a serious accident caused by another party's negligence should also think about the issue. One thing that is particularly interesting about this topic is the history of assigning value to lost body parts, which dates back to the ancient days of King Ur-Nammu, who ruled in Mesopotamia at about 2100 B.C.

During King Ur-Nammu's reign, he ruled that a certain amount of silver must be paid by anyone who caused the loss of another man's foot to the injured person. Specifically, the amount to be paid for the loss of a foot was 10 shekels. Meanwhile, the price paid for causing the smashing of someone else's limb was one mina. Similar concepts of paying for a lost limb can be found in the famous Code of Hammurabi and in other well-known documents from antiquity.

Motorcycle braking strategies: Which is right for you?

Proper motorcycle braking is debated among many experienced bikers. A long time ago, for example, most new motorcyclists received nothing more than a five-second lesson about the operation of their bikes. They were often told where the throttle was, where the clutch was and not to use their front brake.

However, the advice of not touching the front brake — usually because of the idea that it will send you flying over the front of your handlebars — is the worst advice any motorcyclist can receive. Tragically, this bad advice has resulted in many dangerous and deadly motorcycle crashes. Indeed, using only the back break on a motorcycle can cause the rider to lose complete control of his or her bike and get into a completely unnecessary accident.

What treatment options are available for paralysis?

Louisiana residents can suffer from paralysis for a variety of reasons. In some cases, the area of the brain that governs voluntary muscle movement can suffer damage from a stroke or traumatic brain injury. In other cases, paralysis could be caused by damage to the spinal cord. Car accidents, sports injuries, slip and fall accidents and occupational accidents are some of the most common causes of these paralyzing injuries.

Fortunately, every year, revolutionary treatments and therapies are invented that help certain people suffering from paralysis. In treating paralysis, special rehabilitation therapies can help people who have paralysis to improve their neural communication pathways, which can help diminish their symptoms. Also, neural stem cell treatments are being developed to help spur regrowth of cells and improve patients' conditions.

Negligence law in Louisiana

Personal injury law generally centers around one extremely important legal concept: negligence. In this context, negligence refers to a defending party's failure to act in a way that is reasonable. In order to prevail in a negligence case in Louisiana, plaintiffs must prove several important elements. Namely: 1) duty, 2) cause in fact, 3) proximate cause, and 4) damages.

Duty refers to the level of care owed to the plaintiff by the defendant. For example, in a bicycle versus car accident that involves a child bicyclist, the driver of the car will be held to a higher duty of care — compared to a bicycle versus car accident that involves an adult bicyclist. Simply put, the law will see that a reasonable person would be more careful driving in the presence of a child bicyclist than in the presence of an adult bicyclist.

Jefferson motorcycle accident cases

Statistically speaking, motorcycle versus car accidents are far more likely to occur than car versus car accidents. That is, when looking at the likelihood of a single motorcyclist getting into a crash and a single motor vehicle driver getting into a crash, the chances of collision and catastrophic injury are higher for the motorcyclist.

This is because, for one, motorcycles are less visible than cars, easier to miss seeing and therefore easier to hit. Furthermore, because motorcycles provide zero protection in the form of airbags and metal frames, motorcycle accident injuries tend to be far more severe and catastrophic for the motorcyclist than for the vehicle driver.

Louisiana man sues employer after workplace injuries

A Louisiana man has brought a legal action against his employer for its alleged negligence and failure to offer a safe work environment. The worker is citing General Maritime Laws the Jones Act as his basis for recovery relating to injuries he suffered in June 2013.

According to the lawsuit, the man says that the defendant had employed him as a crew member and floor hand on an oil rig called "The Porpoise." The man says that he suffered permanent and severe injuries while performing his job duties. He has blamed those injuries on the defendant's negligence, saying that the defendant's crew, officers and employees did not maintain, control or supervise the drilling operations in which he was involved.

Young girl with brain injury finds a healing path in music

A 7-year-old girl who suffered a serious brain injury in a car accident that left her sister dead has found a new kind of treatment that is helping her condition. Following six different surgeries to help correct her condition, the young girl is now receiving music therapy at the Children's Healthcare facility in Atlanta. Miraculously, the unconventional therapy appears to be working.

The little girl is in love with the song "Nae Nae." According to her family, she particularly likes to dance to the pop song and she has done so on hundreds of occasions. The music therapist at Children's Healthcare has chosen to focus on the "Nae Nae" song in addition to old church hymns as a way of reawakening her injured brain.

Recent Blog Posts

  • Apr 29 - Workers' compensation claims in Jefferson More
  • Apr 28 - What the Email Privacy Act Means For You More
  • Apr 22 - Textalyzer technology could save us from smartphone perils More
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