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Lafayette Louisiana Personal Injury Law blog

Thinking about filing a wrongful death claim?

Lose a loved one due to another person's negligence? Wondering if it is possible to seek compensation? According to the state of Louisiana it may be possible. To do it, though, -- if it is deemed appropriate -- it is necessary to file a wrongful death claim in civil court.

Wrongful death lawsuits are not appropriate in every situation. In order for such an action to be taken seriously in court, two specific elements must exist in one's case. These are:

  • Loss of life resulting from another person's negligence, deliberate act or recklessness
  • Measurable damages suffered by surviving family members as a result of the loss of life

Louisiana motor vehicle accidents: 1 killed, 4 injured in wreck

A single-vehicle crash in Louisiana claimed the life of the driver and left four other individuals with injuries. This incident occurred on Interstate 10 in Ascension Parish on Jan. 6. When single-vehicle motor vehicle accidents occur, passengers may be entitled to seek compensation for any losses sustained.

According to a recent news report, at approximately 1 a.m., the driver of an Infiniti G35 was traveling on the interstate when he -- a 15-year-old male -- lost control and crashed. The automobile struck a tree and caught on fire. The driver was trapped inside, one passenger was ejected and the other three passengers were able to get out of the car. Sadly, the driver died at the scene.

Insurance settlements from truck accidents may be insufficient

Louisiana residents who have been injured or lost loved ones in collisions with commercial trucks may want to quickly settle with insurance companies in order to get some level of payment and just move on. However, the funds offered in insurance settlements may really be insufficient in the long run. The simple truth is, damages resulting from truck accidents can be extremely costly, and insurance providers are looking out for their bottom line -- not the needs of the victim or his or her family.

Following truck accidents, insurance providers are often the second notified -- police being the first. Before offering any sort of payout, they will investigate the incident in order to determine liability. If a victim is deemed partially at fault, they may offer little -- if anything -- in compensation. If the truck driver is believed to be entirely at fault, they may offer more, but it may still be less than what could be achieved by going to court.

Birth injury can often be avoided

The labor and delivery process is difficult on both a mother's body and the body of the sweet infant trying to enter the world. While many people in Louisiana and elsewhere will say it is a natural process, one that a woman's body knows how to handle without help, sometimes that really is not the case. Birth injury can often be avoided with the right help at the right time.

One woman recently shared her story of giving birth to her son. While trying for a home birth, the child became stuck and the woman eventually went to the hospital for help. She was still able to deliver naturally as she desired with some medical intervention, but she suffered severe tearing in the process. The pain resulting from the tearing lasted for months and the woman was told that having another baby vaginally could result in permanent damage. Thankfully, both mom and baby ended up being okay in the end.

Louisiana motor vehicle accidents: several hurt,1 killed in crash

On Wednesday, Dec. 27, a multi-vehicle crash left one person dead and several others injured. Motor vehicle accidents of this nature can take a while to investigate, as so many people are involved. However, Louisiana police do believe that one individual is responsible for this particular event.

At approximately 5:00 p.m., the driver of an SUV was headed eastbound on U.S. 90 when he crossed the median and entered the westbound lanes. Two vehicles struck his car. One of the drivers was killed in the collision, and the other was not injured. The force of impact from these two cars did not stop the SUV from continuing in the wrong direction in the westbound lanes. Three other cars struck the SUV, injuring two of the drivers.

Movement in birth injury case over defective eggs

In another state, two couples filed claims against the fertility clinic they used to get pregnant. Both claim that the eggs that were implanted were not free of genetic defects, and their children were born with Fragile X mutation as a result. They are seeking an undisclosed amount in damages. Louisiana residents who are in the same shoes as these couples may also be able to file birth injury claims in order to seek compensation for their losses.

According to a recent national news report, the couples filed medical malpractice claims against the clinic and the physician in charge for failing to provide eggs free of genetic defects. They were promised that the eggs would be tested for such defects before implantation, but this is a promise that was not kept. Their legal claims were filed two years after the birth of their children, as this is when the injuries became apparent. The lawyers for the clinic argued that the statute of limitations on the case had run out. A lower court agreed with this argument, so their cases were initially thrown out.

Louisiana wrongful death: common fatal work injuries

On-the-job accidents happen all too often in Louisiana and elsewhere. When they do, those injured may access workers' compensation benefits in order to assist them with their medical care, recovery and -- if applicable -- disability needs. What assistance is available to the family members of those who are killed in work-related accidents? Depending on the circumstances surrounding such an event, a wrongful death claim may be filed against the responsible party on top of seeking workers' comp benefits.

In the year 2016, 5,190 people lost their lives to work-related injuries. This number shows a 7 percent increase over those reported in 2015. What is causing the accidents? Why, despite there being even more safety regulations out there, is this number increasing rather than decreasing?

Louisiana truck accidents: 1 injured in wreck

Police in Louisiana are looking for the semitrailer driver who caused an accident that left a woman injured. This incident occurred in mid-December in the Shreveport area. According to state laws, those responsible for truck accidents may be responsible for the losses suffered by the victims.

While traveling on LA Highway 3132, an 18-wheeler struck a car, causing it to roll over. The woman behind the wheel of the car became trapped inside. Thankfully, a witness to the event stopped and remained with her until help arrived. The extent of her injuries is unknown, but she is expected to recover.

Claims for motor vehicle accidents often settled out of court

Car accidents happen pretty frequently in Louisiana and elsewhere. It seems that, every day, some awful collision is reported in the news. While some have minor outcomes, only resulting in property damage, there are those that change the lives of the victims forever. When motor vehicle accidents occur, those who have suffered losses may be entitled to seek compensation for those losses. This they can do either in court or through out-of-court negotiations.

Believe it or not, many motor vehicle accident cases do not need to go to court. Most are actually settled. However, it is important to really review the settlement agreement before signing one's life away.

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