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Can I Sue a Louisiana Government Agency for an Injury?

When someone else’s recklessness or negligence directly or indirectly causes you to endure severe injuries, that individual or entity should be brought to justice.

However, when a government agency is to blame for your accident, your case will immediately become more complex due to a law known as government immunity. Below, we describe what government immunity is and what you can do to ensure the liable party repays you for the damage they’ve caused.

What Is Government Immunity?

Governmental immunity, also known as sovereign immunity, is a law that essentially states that government agencies cannot be held accountable in civil court for liability. However, most states in the U.S. have waived said immunity under specific circumstances.

In Louisiana, for example, claims can be brought against the state or its agencies in personal injury cases, but the damages sought must not be more than $500,000. Now, for many injured individuals, it is fairly easy to reach that sum, but fortunately, this limit does not include recovery of compensation for things such as your loss of income, damage to your earning capacity, healthcare costs, and other economic damages.

It is also important to note that if a government employee was acting within the scope of their responsibilities, the agency will attempt to get out of being held liable through the government immunity law. For this reason, you may need to reach out to a knowledgeable personal injury attorney who can help you figure out how to proceed with your claim.

Ways You Can Hold a Government Agency Accountable

There are a couple of different ways you can fight to bring the liable government agency in your case to justice. Typically, we will start off by filing a claim with the insurance company, if applicable. We may need to negotiate with the insurer in order to obtain maximum repayment of your losses, and even then, they may not be required to cover the full extent of your damages.

From there, we will need to determine whether it’s in your best interests to bring your case to court to obtain the remaining compensation for losses that are not covered by the insurance company. You can expect your attorney to fully examine the details of your accident before advising you either way.

Although you may have concerns about bringing a claim against a government agency, when someone else is to blame, even if it’s the government, they should cover your costs.

Contact a Qualified Louisiana Personal Injury Lawyer

Bringing a claim against a state agency can be intimidating, but when you have an experienced Louisiana personal injury lawyer from the Law Office of Braud & Gallagher representing your case, you can rest easier knowing we won’t back down when it comes to fighting for the compensation you deserve.

To learn more about how our firm could help with your claim against a government agency, come in for a free consultation. You can schedule yours by completing the online contact form at the bottom of this page or by giving our firm a call at 1-800-256-5674.

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Most Common Offshore Oil Rig Injuries

Working on an offshore oil rig leaves you far more likely to suffer a serious injury while performing your work duties. As such, you may be able to obtain financial support through the Longshore and Harbor Worker’s Compensation Act (LHWCA), which is similar to statewide workers compensation benefits.

This is because those who work on offshore oil rigs are considered to be a type of maritime employee and are therefore protected under federal law. Below, we go into further detail about how oil rig accidents occur and the benefits you can collect if your claim is approved under the LHWCA.

How Oil Rig Accidents Happen

There are several different ways an accident can occur on or around an oil rig. More often than not, accidents involve heavy objects falling and striking workers or machinery mishaps, including malfunctions and operator errors. Traumatic brain damage, amputations, spinal cord injuries, and other severe injuries are often seen in these kinds of accidents.

In addition to accidents caused by oil rig equipment, exposure to toxic chemicals and explosions are also quite common on oil rigs. These can result in the development of chronic illnesses and severe burns, which are sure to keep the injured employee out of work.

You may be surprised to learn that one of the most frequently seen types of oil rig accidents are those involving transportation to and from the oil rig. When traveling by air or water, the planes and boats can be damaged due to a mechanical malfunction or dangerous weather conditions.

FInally, due to the extremely hard labor that offshore oil rig workers endure on a day-to-day basis, suffering back injuries, repetitive stress injuries, and exhaustion are the norm for dedicated oil rig workers.

Protecting Maritime Workers

As previously stated, oil rig workers are considered maritime employees, which means they are protected under federal law in the event of an on-the-job injury. Since oil rigs are not considered vessels or navigable, oil rig workers are not considered seamen, meaning they will need to file a claim for benefits under the LHWCA rather than the Jones Act.

Under the LHWCA, oil rig employees or their families are entitled to disability benefits, medical expense coverage, job training, and death benefits when they are injured or killed while at work.

Of course, some workers will not be in need of some of these benefits. For instance, if you are able to return to work as an offshore oil rig worker, you won’t be in need of vocational training. Similarly, if you didn’t succumb to your injuries, then your family won’t be in need of death benefits.

Reach Out to an Offshore Oil Rig Accident Attorney

If you have been involved in any of the aforementioned types of oil rig accidents or have otherwise been injured while working on a rig, consult with an experienced offshore oil rig accident lawyer at the Law Office of Braud & Gallagher. You can contact us through the secure submission below or by calling our firm at 1-800-256-5674.

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Suing Uber or Lyft for an Auto Injury

Rideshare services like Uber and Lyft have grown in popularity over the years, and while they are certainly beneficial to those in need of a ride, when you’re involved in an accident with one, you may need to take legal action against them to obtain the compensation you need to recuperate.

However, bringing an accident claim against Uber or Lyft can be a challenge, which is why you’ll want a highly trained attorney to work on your case. Continue reading to learn more about when these corporations’ auto insurance should be compelled to settle your claim and what to do if the rideshare service can’t or won’t settle.

When Rideshare Auto Insurance Will Cover Your Costs

Whether you were involved in an Uber or Lyft accident as a passenger or someone who simply came into contact with the rideshare service, when you suffer an injury, the liable party should be responsible for covering your damages. Uber and Lyft are both insured with million-dollar policies, but they only come into effect in very specific circumstances. These situations include:

  • When the driver is in drive mode and awaiting a passenger
  • After the driver picks up a passenger
  • The duration of the trip

These are the only times that their auto insurance provider will pay out on your claim. With that in mind, it’s important to note that rideshare drivers are also required to carry personal auto insurance policies that are used to protect them both in the event that Uber’s or Lyft’s insurer won’t pay and when they are not in driver mode.

Your Options if Uber or Lyft Won’t Pay

In the event that the rideshare service is not legally obligated to cover the damages you sustained due to an accident that occurred on their watch, in many cases, your next best option will be to file a claim against the Uber or Lyft driver themselves—or another party that is liable for the cause of the accident.

You’ll more than likely start off by filing a claim with the at-fault party’s insurance company. From there, we’ll negotiate until we are able to reach a fair and reasonable settlement offer. If the amount offered meets our needs, we will not need to move forward to court.

But if it doesn’t fully cover the losses you endured, then it may be well-advised to proceed with a civil lawsuit. In civil claims, you’ll be able to recover compensation for damages including:

  • Lost quality of life
  • Pain and suffering
  • Medical expenses
  • Property damages
  • Loss of companionship and love
  • Emotional turmoil
  • Loss of income
  • Damage to earning capacity

Get in Touch with a Rideshare Accident Lawyer

For help pursuing a car accident claim against Uber, Lyft, or their affiliates, contact an experienced rideshare accident lawyer at the Law Office of Braud & Gallagher. We are proud to offer our prospective clients a complimentary case review so we can learn more about the details of your case.

If you are interested in seizing this opportunity, give our office a call at 1-800-256-5674 or submit the online contact form provided at the bottom of this page to schedule your case review.

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Understanding Unseaworthiness in Maritime Injury Law

Understanding Unseaworthiness in Maritime Injury Law

When a maritime worker is injured on the job, they may require financial assistance while they are out of work and therefore unable to earn a living. However, injured maritime employees are not eligible for workers compensation benefits through the state of Louisiana, and many workers may be under the impression that this means they won’t be able to obtain benefits of any kind.

Fortunately, this is not the case. Individuals who work in the maritime industry will qualify for benefits under the Jones Act if they are classified as seamen, or the Longshore and Harbor Workers’ Compensation Act if they are any other kind of maritime worker.

For the purposes of this article, we’ll be focusing on the Jones Act, injured seamen, unseaworthiness, and how it applies to Jones Act claims filed by injured sea workers. Read on to learn more about ships being unseaworthy and what you can expect to collect if your maritime injury claim is approved.

What It Means for a Vessel to Be Unseaworthy

Maritime jobs are federally regulated, and as such, the Jones Act requires that injured seamen be compensated when they are injured on an unseaworthy vessel. A ship will be deemed unseaworthy if it ever becomes unsafe for the seamen working on the ship. It doesn’t matter how minor the hazard may be; even a grease spill on the deck can be grounds for a vessel to be considered unseaworthy.

What’s more, Jones Act claims are often easier to win than workers compensation cases because the burden of proof is far less. Employers who are even 1 percent at fault for the cause of the injury can be found negligent and liable and be required to afford their injured sea workers the benefits they deserve.

Benefits under the Jones Act

Jones Act benefit recipients will be entitled to several benefits once their claim has been approved. To begin, seamen are going to be able to recover compensation for the same types of damages that are sought after in personal injury claims, including pain and suffering, the loss of quality of life, loss of wages, and emotional distress, among others.

In addition to the previously mentioned losses, injured seamen can collect cure, which refers to the insurer covering each medical expense that relates to your injury, and maintenance.

Maintenance is provided to seamen so they can continue to support themselves and their families. Benefits can consist of the coverage of your living expenses, including utility bills, your rent or mortgage, phone bills, groceries, and more.

Speak with a New Orleans Maritime Injury Lawyer

If you are an injured seaman and want to ensure that you are able to provide for yourself and your family while you are recuperating from your work-related injury, get in touch with a New Orleans maritime injury lawyer at the Law Office of Braud & Gallagher as soon as possible.

We can get started on your claim once you come in for your free claim review. Schedule yours today by calling our firm at 1-800-256-5674 or filling out the quick contact form we have provided at the bottom of this page.

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Louisiana Personal Injury Laws That Can Make or Break Your Case

Louisiana Personal Injury Laws That Can Make or Break Your Case

As if making the decision to pursue your personal injury claim wasn’t difficult enough, there are many Louisiana laws that can impact whether your case will be successful.

Fortunately, when you work with an experienced personal injury attorney in Louisiana, you will have a highly trained professional by your side who will be well-versed in these laws and will therefore be prepared to fight for the compensation you deserve. Below, we discuss the statute of limitations and negligence laws and how they can influence the outcome of your case.

Your Claim Could Be Over Before It Starts

It’s possible that your accident claim will be finished before it even has a chance to be successful if you fail to file your claim before the state’s statute of limitations expires.

The clock will start running from the date that you were involved in an accident, or from the date that you are diagnosed with an injury relating to the accident. It will continue to run for one year, at which point the statute of limitations will have ended in Louisiana.

If your claim isn’t filed before this deadline, then your case will be barred from the Louisiana court system, and you will no longer have the chance to secure the compensation you need to pick up the pieces of your life.

Thankfully, your attorney will have a complete understanding of how the statute of limitations works in personal injury claims and when it will expire in your case, so you can rest assured that your claim should be filed before time runs out, assuming you reach out to your attorney in good time.

Being Partially Liable for Causing the Accident

In addition to the statute of limitations, the state’s negligence laws could have an impact on the success of your claim. Louisiana follows pure comparative negligence law. This means that individuals who are partially at fault for the cause of the accident they were involved in are still able to pursue compensation from the other involved party.

However, the amount that the injury victim will be awarded will be reduced based on the percentage of blame they carry. An example could be if the injury victim was 20 percent to blame for the cause of the accident and was awarded a sum of $500,000. This award will then reflect a 20 percent deduction of $100,000, and their final award would be just $400,000.

As you can see, the comparative negligence statute can dramatically impact the amount you will be awarded for your injury claim, and you can be sure that your attorney will work to ensure that only an appropriate amount of fault is placed on you when you go to court.

Get Help from a Louisiana Personal Injury Lawyer

The laws surrounding civil lawsuits are complex, but when you have a regarded Louisiana personal injury lawyer at the Law Office of Braud & Gallagher by your side, you can focus on recovering rather than on the rules of litigation.

Look over our personal injury FAQs for additional details about the personal injury claim process, then take advantage of your complimentary claim review today when you give our office a call at 1-800-256-5674 or fill out the brief contact form we have included at the bottom of this page.