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Simien & Simien Personal Injury Law Blog

What do You Need to Know About the Death on the High Seas Act?

The Death on the High Seas Act (DOSHA) provides a legal remedy to family members when a loved one dies on a ship due to its unseaworthiness or his or her employer's negligence. The law allows you to file a lawsuit to attempt to recover compensation for your losses, including funeral expenses, lost financial support and other damages.

What Types of Injuries Are Common in a Truck Accident?

Commercial trucks outweigh passenger vehicles by several tons, which is why a truck accident has the potential to cause severe and potentially deadly injuries. Some of the most common truck injuries are listed below, ranging from head injuries like concussions to internal bleeding and soft-tissue damage

Simien & Simien Selected for Inclusion in Acadiana Profile Magazine's 2018 Top Lawyers List

Our firm is humbled and honored to once again be included in the 2018 Top Lawyers List in Acadiana Profile magazine. The list recognizes the top attorneys in the Acadiana region of Louisiana, also known as the Cajun homeland.

What You Need to Know About Offshore Injuries

Working offshore is one of the most dangerous kinds of employment in the world. One of the most notable examples that shows the dangers of working offshore is the explosion at the Deepwater Horizon oil rig in the Gulf of Mexico in 2010. The explosion killed several workers and injured many others.

Differences Between FELA and Workers' Compensation

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Most employees who are injured on the job are covered by Louisiana's workers' compensation laws. However, if you are a railroad worker, you are covered by the Federal Employers' Liability Act (FELA).

There are key differences between FELA and the Louisiana workers' compensation system. Our experienced Federal Employers' Liability Act attorneys in Baton Rouge explain some of these differences below.

If you are a railroad worker who sustained an on-the-job injury, contact us to discuss your claim in a free, no obligation consultation. We have a detailed understanding of FELA and how it applies to the specifics of your claim.

Negligence

One of the main differences between FELA and workers' compensation laws is the role of negligence.

In a workers' compensation claim, the injured worker does not have to prove that the personal injury was caused by the employer's negligence to recover compensation.

However, FELA requires the injured employee to prove that his or her employer was negligent and the employer's negligence caused, at least partially, the employee's injury or illness. If you cannot establish negligence, you will not be able to recover compensation.

When Will My Workers' Compensation Benefits Start and How Much Will I Receive?

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One of the most common questions about workers' compensation is: when will my benefits start and how much will I receive? The answer depends on a number of factors, including when the benefits are approved and the extent of your injuries.

Below, the Baton Rouge workers' compensation attorneys at Simien & Simien explain how these and other factors determine how your workers' compensation benefits are paid.

If you were injured on the job, we may be able to help you file a workers' compensation claim. We can evaluate your situation during a free initial consultation. We work on a contingency fee basis, so we only collect legal fees if you are compensated.

Los Angeles Jury Rules Against Johnson & Johnson, Awards $417M Verdict

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A Los Angeles jury recently ordered Johnson & Johnson (J&J) to pay $417 million in damages to a woman who claimed she developed ovarian cancer because she used J&J's Baby Powder for feminine hygiene for decades. This is the largest verdict to ever be issued in a talcum powder lawsuit alleging a link between talcum powder-based products like Baby Powder and ovarian cancer.

If you were diagnosed with ovarian cancer after using products containing talcum powder, the Baton Rouge defective product lawyers at Simien & Simien may be able to help you file a lawsuit to obtain compensation. We offer a free, no obligation case review to help us determine if you have a viable talcum powder and ovarian cancer lawsuit.

Details of the Case

The injury victim who recovered the massive verdict is a 63-year-old woman. She had used the powder as part of her feminine hygiene routine since she was 11 years old.

She continued using the powder even after she was diagnosed with ovarian cancer in 2007. However, she stopped using the product in 2016 after reading about another woman who used it and had ovarian cancer.

The verdict included $70 million in compensatory damages, intended to compensate the victim for damages caused by her injuries, including pain and suffering. J&J also had to pay $347 million in punitive damages. The purpose of punitive damages is to punish the defendant and help deter others from engaging in similar conduct.

Other Talcum Powder Cases

This case was the first to be decided out of hundreds of similar cases that are currently lined up in California.

Across the nation, more than 1,000 similar lawsuits have been filed against J&J. Some have gone to trial, resulting in the following verdicts:

  • A federal judge threw out a class action talcum powder lawsuit filed by a California woman in July
  • A Missouri jury awarded $110 million to a victim in Virginia in May of this year
  • Another Missouri jury awarded $55 million to a woman with ovarian cancer in May 2016
  • The family of a woman who died from ovarian cancer was awarded $72 million in Feb. 2016

What You Should Know About Car Accident Liability

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You cannot recover compensation after a car accident unless you can prove that another party was liable for the crash.

Below, our Baton Rouge car accident attorneys explain the many factors involved in determining car accident liability, including who can be held liable, evidence that can help build a case and Louisiana's comparative negligence doctrine. Contact our attorneys for assistance pursuing your car accident claim.

Who Can be Held Liable for a Car Accident?

The liable party is the one that caused the accident. Various parties could be held liable for the accident, including:

  • The other driver, particularly if he or she was drunk, distracted or disobeyed traffic laws
  • Government authorities, if poor road conditions were a factor in the accident
  • Vehicle manufacturers, if defective equipment contributed to the accident
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