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Simien & Simien Personal Injury Law Blog

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.

Can I Appeal If My Workers' Comp Claim Is Denied?

If you applied for workers' compensation benefits but were denied, you still have the right to file an appeal with Louisiana's Office of Workers' Compensation Administration (OWCA). If your appeal is successful, you should receive the compensation needed to cover medical bills, lost wages and lost earning capacity.

8 Steps to Take After a Commercial Truck Accident

Victims of truck accidents often do not know what to do in the minutes and hours after the crash. Unfortunately, this often causes people to do things that hurt their chances of pursuing a case against the truck driver or other parties responsible for the accident.

7 Steps When Filing a Personal Injury Lawsuit

If you sustain an injury caused by another person's negligence, a personal injury lawsuit may be an option that allows you to pursue compensation for your medical bills, lost wages, and pain and suffering. Depending on the severity of your injuries and other factors, personal injury lawsuits can be simple or very complicated. That is why you should work with a qualified Baton Rouge personal injury attorney at every stage of the legal process. The legal team at Simien & Simien has many years of combined experience helping victims in a variety of personal injury cases. Request a free, no-obligation consultation today. We do not charge for our services unless you receive compensation. 1. Hire an Attorney Request a consultation with an experienced personal injury attorney to discuss your case. A knowledgeable lawyer can evaluate the situation and inform you if filing a personal injury lawsuit is appropriate. We will answer any questions you have about filing a personal injury claim. When you meet with an attorney at Simien & Simien, he or she will discuss your case, review documentation and explain your legal options. You will be informed that we take cases on a contingency fee basis, meaning there are no upfront fees. You should bring all evidence you have to your consultation, such as: Accident reports Police reports Medical records Personal notes 2. File an Insurance Claim In most personal injury cases, the first step in pursuing compensation is filing a claim with the at-fault party's insurance company. You may have already done so before hiring an attorney, but if not, your lawyer can assist you. Your attorney may decide it is necessary to send a demand letter to the insurance company to explain your case and the settlement amount you would accept. The insurance company may offer you the settlement asked for in the demand letter, negotiate another settlement or refuse to settle. No matter what happens, your attorney will handle insurance company negotiations on your behalf. He or she will fight to secure a favorable settlement that offers the compensation you need for the damages you sustained due to the accident. 3. File a Personal Injury Lawsuit If the insurance company refuses to settle or does not offer a fair settlement, filing a personal injury lawsuit is typically the next step. Your attorney can help ensure your complaint is filed before the statute of limitations on your case runs out. The statute of limitations is a deadline for filing a lawsuit, and if you miss the deadline, you are prohibited from pursuing legal action. Once the complaint is filed, the defendant must answer it within a certain amount of time. This is the defendant's opportunity to explain the case from his or her side and possibly file a counterclaim. 4. Complete the Discovery Process The discovery process helps prepare your case for trial. Your lawyer gathers evidence to prove another party is at fault, including testimonies and documents from the defendant and any third parties involved. This could include depositions where either side interviews you, the at-fault party, witnesses or experts. 5. Negotiate a Settlement Before a trial occurs, either side may attempt to negotiate a settlement. Settling the claim at this stage is often beneficial, saving the expense of a lengthy trial and allowing you to collect compensation much sooner. If the other side reaches out for a settlement, your attorney will negotiate and attempt to secure fair compensation for all damages you suffered. 6. Take Your Case to Trial If the case is not settled out of court, it will move to trial. Your attorney will present evidence and arguments supporting your case, and the defendant's attorneys will have the opportunity to do the same. At trial, your attorney's goal is to prove the at-fault party was responsible for your injuries and obtain maximized compensation on your behalf. A jury will deliberate on the evidence and arguments heard in court, then issue a verdict. If applicable, a damage award will also be issued. 7. File an Appeal Following the trial verdict, either party can appeal the court's decision. If the appeal is granted, the case will be reviewed by a higher court. If the higher court finds the initial ruling was improper, the lower court's decision can be reversed. The appeals process can be lengthy and you will not be able to receive compensation until it is complete. Contact Our Lawyers for Assistance Working with a skilled personal injury lawyer is important to the success of your case. Your attorney knows what evidence is needed to support your claim and how to apply Louisiana laws to prove another party's negligence caused your injuries. At Simien & Simien, our Baton Rouge personal injury lawyers are committed to helping our clients recover maximum compensation for their medical bills, lost wages, and pain and suffering. Schedule a free, no-obligation consultation today to discuss your case with our legal team and learn the legal options available to you. When working with our firm, there are never upfront fees. You only pay us if we successfully recover compensation for you. Call (800) 374-8422 or complete our Free Case Evaluation form now.

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