Louisiana Injury Attorney Blog

As a result of the oil spill disaster, and subsequent sinking of the Deepwater Horizon, Cueria Law Firm of New Orleans intends to represent individuals as well as businesses that have suffered damages. They are, therefore, entitled to receive various kinds of damages to compensate losses due to negligence and/or wantonness and strict liability. Such damages cover past, ongoing and future personal and property damages, loss of profits and earning capacity and loss of revenues, just to name a few. Furthermore, they can file a claim under the Oil Pollution Act ( OPA) but need to meet some requirements as set forth by OPA.

The oil spill has already affected severely the entire Gulf cost. For instance, many people rely heavily on various activities, including, but not limited to, fishing, seafood and tourism. In addition, it will have dramatic consequences on the nature of the environment.

BP has been named the responsible party under ( OPA).

Driver inattention can be the consequence of truck driver fatigue or negligence.
This is why there are laws that govern a truck driver's work and rest hours in order to prevent the possibility of accidents as a result of driver fatigue.

In this respect, some Federal trucking regulations provide the consecutive number of hours that a truck driver can spend at the wheel of a truck and the rest periods as well.

Federal Laws

The Federal Motor Carrier Safety Administration was established within the Department of Transportation on January 1, 2000, pursuant to the Motor Carrier Safety Improvement Act of 1999 and its core mission is to prevent commercial motor vehicle related fatalities and injuries.

The Federal Motor Carrier Safety Regulations govern all vehicles involved in interstate traffic.

Louisiana Laws

The Louisiana Department of Public Safety has implemented Title 49, Parts 382-384 and 390-399 of the federal regulations.

Regarding driver qualification, Louisiana has implemented Part 391 of the Federal Regulations with the exception of Sec. 391.11(b) (1) for intrastate drivers.

In the case of an accident of an 18-wheeler truck, it is important to review driver logs and other records in order to determine the number of hours the driver had been working just before the accident and the rest periods.

Continue reading "Louisiana Truck Accidents and Negligence" »

Jones Act and Commercial Divers:

The Jones Act provides that any seaman who shall suffer personal injury in a course of this employment may, at his election, maintain an action for damages at law. 46 U.S.C. & 688.

Under the Jones Act, a seaman's employer is responsible for any damages if the employer's negligence caused the seaman's injury.

Regarding the seaman status, it is well established that admiralty courts have applied this status to commercial divers. Therefore, to qualify as a seaman a commercial diver must meet the following requirements: (i) contribution to the function of the vessel or to the accomplishment of its mission and (ii) connection to a vessel in navigation (or to an identifiable group of vessels) that is substantial in terms of both its duration and its nature.

Regarding negligence, an employer's liability in a negligence action brought by an employee extends to all personal injuries arising during the course of the seaman's employment, but proof of negligence is essential to recovery.

Here, a dive company would have to perform some acts with reasonable care under like circumstances. If it does not, and its negligence causes damages, the dive company is responsible for the resulting damages.

Examples of diving company negligence include improper decompression tables or improper use of decompression tables, improper medical treatment or improper equipment and inappropriate equipment.

Finally, it is also important to note that a commercial diver is obligated to act with ordinary prudence under the circumstances. A Commercial Dive and Maritime Lawyer would be familiar with the issues involved in these types of cases.

General Maritime Law

In addition to the Jones Act, commercial divers are protected by the general maritime law and in particular unseaworthiness.

An owner of a vessel has an absolute duty to provide a seaworthy vessel, and a breach of that duty gives rise to a claim for damages.

Here, a commercial diver will have to prove that the owner had failed to provide a vessel which is reasonably fit and safe for the purposes for which it is to be used.

Damages

Regarding maintenance and cure, a commercial diver is not only entitled to be reimbursed medical expenses actually incurred but should also receive the proper treatment and care. The dive company is also liable to for compensatory and punitive damages in the event that his employer/vessel owner has willfully failed to fulfill its maintenance and cure obligation.

Furthermore, the Jones Act provides pecuniary damages (loss of earning capacity, medical expenses etc.). One that think they have a Jones Act Case may want to contact a maritime law attorney.

Under maritime law, injured seamen may have negligence and unseaworthiness claims, but they are also entitled to the right to payment for maintenance, cure and unearned wages.

Basically, maintenance and cure is an obligation imposed upon a shipowner to provide for a seaman who becomes ill or injured during his service to the ship. This obligation arises from the employment relationship and exists regardless of the seaman's fault or any negligence or unseaworthiness of the vessel. A seaman is not only entitled to be reimbursed medical expenses actually incurred but also received the proper treatment and care. The shipowner is also liable to compensatory damages.

It is important to note that the jurisprudence has banned punitive damages for many years and only permitted recovery of attorney's fees as long as the proper showing of egregious fault is made. Guevara v. Maritime Overseas Corp.

Thanks to a decision rendered by the Supreme Court of the United States on June, 2009, this jurisprudence was overruled and it was made clear that punitive damages are available in maintenance and cure claims if his employer/vessel owner has willfully failed to fulfill its maintenance and cure obligation. Atlantic Sounding Co., Inc., et al. v. Townsend. A Maritime Injury Lawyer would likely be familiar with this recent Supreme Court decision.

As a New Orleans personal injury lawyer, I often deal with injured people that don't know what the next step is in dealing with an injury claim that occurs in New Orleans. We have a unique set of laws in Louisiana that are based upon the French Civil Code. In reality, our negligence laws are interpreted by the courts after comparing decisions from other cases, just as the other 49 state courts do.

Many Louisiana personal injury attorneys handle cases ranging from car accidents to 18 wheeler accidents and maritime cases. Do to New Orleans location and proximity to the Gulf of Mexico, injury lawyers have the opportunity to serve injured deckhands, engineers and other crew members of vessels that work the waters surrounding New Orleans and the Gulf of Mexico. Most car accident and 18 wheeler cases are initially filed in State Court, while maritime cases can be filed in State or Federal Court. The initial decision of where to file any suit is a strategic decision that an injury lawyer should give some thoughtful consideration. Even without our own State, jury awards vary significantly for the same type of cases.

Cueria Law Firm handles cases throughout Louisiana ranging from auto accidents, 18 wheeler accidents and offshore injury cases. In order to level the playing field between individual people and corporate business, we advise any person injured in a Louisiana car motor vehicle accident, 18 wheeler accident or offshore accident to seek immediate advice from a Louisiana offshore injury attorney.

Continue reading "New Orleans Personal Injury Cases - File in State or Federal Court?" »

As a Louisiana personal injury lawyer, defense lawyers and insurance companies often ask for the injured person to attend an independent medical examination.... Is the Independent Medical Exam (IME) really independent?

As a Louisiana trial lawyer, I often have to present medical evidence to a court at trial, most often through live testimony from medical doctors. Most insurance companies have a list of doctors that they often use to examine claimants, evaluate medical records and testify for them in personal injury cases. Since many of these doctors make a good deal of money each year from the insurance companies and devote much of their medical practice time to seeing patients sent to them by insurance companies....one can see that it might be difficult for these doctors to be truly " independent".

Accordingly, we call these types of exams....defense medical exams. We go out of our way to explain to jurors that these insurance chosen doctors are not independent nor or they to be considered a treating physician. This makes good sense....if you were a juror...would you believe someone that has treated an injury patient over a period of time... or a doctor paid for by an insurance company that sees the patient once?

Continue reading "Louisiana Injury Cases and Independent Medical Examinations" »