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Simien & Simien Personal Injury Law Blog

5 Tips for Negotiating with an Insurance Company

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If you are injured by another party's negligence, it may be necessary to file a personal injury claim to receive compensation from the at-fault party.

However, insurance companies are notorious for paying accident victims less compensation than they deserve. This may be a low initial offer that does not fully pay for your financial losses, or using unfair tactics to reduce or deny your claim.

To ensure your claim is handled fairly, you should consider contacting Simien & Simien's Baton Rouge personal injury attorneys to learn how to negotiate with insurance. We will provide you with a free, no obligation consultation to review your claim and help you determine a fair amount of compensation you may be entitled to receive.

Below, our dedicated attorneys have provided several negotiation tips you may follow when you are contacted by an insurer after an accident.

Proving Fault in a Slip and Fall Personal Injury Claim

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If you were injured in a slip and fall accident on someone else's property, you may have a claim against the owner if his or her negligence caused your accident. For example, if the owner failed to clean up the spill you slipped on, he or she could potentially be held liable.

There are four basic elements of any slip and fall claim that you need to prove to have a chance of obtaining compensation. The Baton Rouge slip and fall lawyers at Simien & Simien have detailed knowledge of these four elements and how to build a strong case that establishes the owner's liability for your damages.

Schedule a free, no obligation legal consultation right now to discuss your situation. We do not charge legal fees unless you are compensated at the end of the legal process.

Property Owner Had a Duty of Care

The owner of a property owes a duty of care to those who enter, including guests, customers and even trespassers. The specific duty of care depends on the visitor's legal status when he or she enters the property.

Generally, property owners have the duty to warn guests of hazards and, in some cases, to take measures to correct or remove these hazards. However, property owners have much less of an obligation to trespassers. They do not have to warn trespassers about hazards. Property owners' only duty to trespassers is to avoid creating hazards that could harm them.

Can I Sue a Hospital for Medical Malpractice?

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When a patient is injured due the actions of a health care provider or hospital, he or she may be able to sue the hospital for medical malpractice.

Hospitals are responsible for providing quality treatment to patients and protecting them from unnecessary harm. If you or a loved one was injured because of the negligent actions of a hospital or its staff, you may be entitled to compensation.

Contact the Baton Rouge medical malpractice lawyers at Simien & Simien to schedule a free, no obligation consultation. We will discuss the hospital's responsibility for a patient's care and whether it can be held liable for a staff member or employee's negligence.

Can a Passenger File a Personal Injury Claim After a Car Accident?

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Although many people may associate car accident claims as being filed by an injured driver, passengers may also be able to pursue compensation after a collision

However, passengers are often unaware about their rights after a car accident. This includes their right to bring a claim against an at-fault driver for medical expenses, lost wages, and pain and suffering.

If you or someone you love has been injured by a negligent driver, contact Simien & Simien to schedule a free, no obligation consultation. Our Baton Rouge car accident attorneys have decades of experience representing victims of negligence, and will help you determine if you may be entitled to compensation for your injuries and losses.

Can a Passenger Be Liable for an Accident?

After an auto accident, many people are often confused as to which party is truly at fault for the collision. In some cases, insurance companies representing the other party may attempt to blame the passenger for being at fault for the accident.

However, a passenger who has been injured in an auto accident cannot be held liable for the at-fault driver's negligence. This means the passenger may have several options to pursue compensation after the crash. He or she may be able to bring a claim against the driver of the other vehicle, or against the driver of the vehicle he or she was traveling in when the collision occurred.

Can I File a Louisiana Wrongful Death Lawsuit?

A wrongful death arises when a person's death is the result of another's negligent, reckless or intentional actions. When this occurs, the victim's surviving dependents may be entitled to file a wrongful death lawsuit against the at-fault party to receive compensation.

However, only certain parties are entitled to file a wrongful death lawsuit in Louisiana. Below, Simien & Simien's Baton Rouge wrongful death lawyers discuss which parties may be considered a dependent of the deceased and are entitled to compensation from the at-fault party.

For additional information on filing a wrongful death lawsuit, or to obtain qualified legal representation, contact us to schedule a free, no obligation consultation to discuss your claim.

Who Can File a Wrongful Death Lawsuit?

Only certain individuals may pursue a wrongful death claim in Louisiana. These parties include the decedent's:

  • Surviving spouse
  • Children
  • Parent or parents, if the deceased does not have surviving a spouse or child
  • Siblings, if there is no surviving spouse, children or parents
  • Grandparents, if there is no other surviving family members to bring a claim

What Are Louisiana's Pedestrian Laws?

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When a vehicle strikes a pedestrian, it can result in the pedestrian suffering serious life-threatening injuries.

To reduce the risk of pedestrian-vehicle accidents, it is important to know and follow Louisiana's pedestrian safety laws while walking near traffic.

If you or someone you love has been injured in a pedestrian accident involving a motor vehicle, contact Simien & Simien to find out if you have a case against the at-fault party. Our Baton Rouge car accident attorneys will provide you with a free, no obligation consultation to review your claim and determine if you may be entitled to compensation for your medical expenses, lost wages, and pain and suffering.

Using the Sidewalk

In Louisiana, pedestrians must use a sidewalk where one is available. It is illegal for a pedestrian to walk along the roadway if there is a sidewalk adjacent, according to LA Rev. Stat. § 32:216.

However, if there is no sidewalk provided in the immediate area, pedestrians should walk along the left side of a roadway or on the road's shoulder facing traffic traveling in the opposite direction.

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If you have been injured in a car accident, you may be entitled to compensation for your medical expenses, lost wages and pain and suffering. However, you must be able to establish through evidence that the car accident was the other driver's fault.

Gathering evidence to prove the other driver was at fault for your car accident can help you secure the compensation you deserve for the injuries and losses you suffered a result of the collision.

During a free, no obligation consultation with Simien & Simien's auto accident lawyers in Baton Rouge, we will discuss your accident and review the evidence that may help to support your claim. This evidence can include:

Police Report

After a car accident, it is important that you contact law enforcement to report the accident. This will help to establish when the accident occurred and provide a police report detailing the accident.

The police report will stand as the responding police officer's official account of the events that occurred during the accident, the factors he or she believes caused the accident and which party is at fault.

Additionally, the police report should also state important information about the accident, including the:

  • Names of the drivers involved in the accident
  • Contact information of each driver and witness
  • Drivers' insurance information
  • Driver's license numbers
  • Drivers' License plate numbers
  • Names of witnesses who saw the accident occur

The police report can be used as an important tool when discussing a settlement with the at-fault party's insurance company. This includes using the police report to link your injuries to the car accident and establish the other driver is responsible for your damages.

How to File a Workers' Compensation Claim in Louisiana

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After a work-related injury or illness, you must follow a specific process to apply for workers' compensation benefits in Louisiana. If you file your claim incorrectly, you may not receive the benefits you are entitled to.

Simien & Simien's Baton Rouge workers' compensation attorneys have helped numerous workers in Louisiana receive the benefits they deserve after being injured in a workplace accident. We will assist you during the claims process to help you obtain the benefits you need. If your claim has been denied or you did not receive adequate benefits for your injury, do not hesitate to schedule a free, no obligation consultation to discuss your legal options.

Below, we have provided the process you should follow after suffering a work-related injury or being diagnosed with a work-related illness:

Inform Your Employer of Your Injury

If you sustain an injury while at work or performing work duties, you need to notify your employer right away. Report your injury to a foreman, supervisor, or other authority.

You must notify your employer of the injury within 30 days of discovering it. Failing to do so may cause you to lose workers' compensation benefits.

Make your notice in writing and include the following information:

  • Your name and contact information
  • Time and date in which the injury occurred
  • The location where the injury occurred
  • How the injury happened
  • Where the injury was afflicted on your body

What You Need to Know About Hospital Infections

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Every day, approximately one in 25 patients contract one or more hospital-acquired infections, according to an estimate from the U.S. Centers for Disease Control and Prevention.

These serious, sometimes life-threatening infections can be caused by the negligence of doctors or other health care providers. This is why victims should contact a Baton Rouge medical malpractice attorney to determine legal options. They may be entitled to compensation for medical bills, lost wages, and pain and suffering. Contact the attorneys of Simien & Simien now for a free consultation.

What is a Hospital-Acquired Infection?

A hospital-acquired infection (HAI), also called health-care-acquired infection, is an infection that develops while a person stays at a medical facility such as a hospital or rehabilitation center during treatment for a disease or other health problem. These infections also occur in long-term care facilities, dialysis centers and surgical centers.

Who Is at Risk?

While an HAI can happen to virtually anyone, certain patients are at a higher risk of contracting one compared to the general population. Some of the patient risk factors include:

  • Recent surgery
  • Use of hemodialysis catheters for kidney failure
  • Critical illness
  • Urinary catheter use
  • Use of ventilators
  • Overuse of antibiotics

How Are Workers' Compensation Medical Benefits Paid?

Workers' compensation insurance provides compensation for medically-necessary treatment of workplace injuries. However, Louisiana has specific rules on submitting claims for payment, when payments will be made and selecting medical providers.

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