Dealing with a minor road accident can be a traumatic and exhausting experience. When the accident involves a gigantic truck, the burden can be overwhelming. Reaching out to the right people, contacting the police, getting in touch with specialized attorneys etc. may turn out to be draining.
While pursuing a truck accident claim, it’s important to determine which party is liable. Outwardly, it may appear to be the driver’s fault. But the truth is there could be multiple parties liable for different reasons. For instance, the trucking company may be liable for not maintaining the truck. Similarly, a parts manufacturer may be liable for creating a defective product.
FACTORS DETERMINING LIABILITY IN A TRUCKING ACCIDENT
The liability in large commercial vehicles such as trucks is different because they are managed by different parties such as the trucking company, the real owner of the truck, and driver. All of them have different insurance companies and the burden is shared by all. Trucking companies may deny the claim saying that the driver is an independent contractor in order to pass the buck.
- Drivers: Truck drivers have the same responsibilities as other vehicle operators, and when they fail to adhere to the rules, they can be held accountable.
- Trucking companies: There are instances when trucking companies place unrealistic expectations on their drivers. This, in turn, leads to fatigued driving and accidents.
- Cargo companies: One of the most common causes of trucking accidents is improperly loaded cargo. In such cases, you can pursue a claim against the company.
- Truck parts manufacturers: Defective vehicle parts pose immense dangers to drivers, passengers, pedestrians etc. If the truck that hits you contained faulty parts, you may seek compensation from the manufacturer.
Determining the exact liability in any trucking accident requires experience and knowledge. Metairie truck accident lawyers at the Law Offices of L. Clayton Burgess have spent decades investigating and resolving complicated trucking accident cases.
If you wish to speak to a trained, experienced, and passionate attorney, reach out to our trucking accident specialists in Metairie. Our FREE initial consultation will help you get better insight into the worth of your claim.
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If you get involved in a car accident, you may face an overwhelming experience. Due to the adrenaline rush, you may forget to do a number of things that are important to pursuing a claim for compensation.
In the aftermath of a car crash, victims tend to make a number of common mistakes. Here’s a list of such mistakes along with tips to avoid them:
- NOT SEEKING MEDICAL ASSISTANCE: Most victims assume that their injuries are minor and do not require treatment. Your health should ideally be your top priority after any accident. In some situations, a victim may suffer whiplash and organ damage without immediately realizing it.
- FAILING TO REPORT THE ACCIDENT TO POLICE: If you fail to report your accident to the police, it also means that you’ll not have an accident report during the claims process.
- FAILING TO REPORT THE ACCIDENT TO YOUR INSURANCE COMPANY: You may be paying your premiums regularly, but if you fail to report your accident on time, the claim may be denied.
REACH OUT TO A CAR ACCIDENT ATTORNEY
Many people believe that seeking the assistance of a lawyer may complicate their efforts to obtain compensation. Some victims also believe that they cannot afford an attorney. Truth is, an experienced lawyer improves your chances to get a favorable compensation. Again, most lawyers work on a contingent fee basis which means that you pay no fees to the lawyer unless s/he obtains monetary compensation for you.
In fact, the benefits of seeking the help of an attorney far outweigh the risks. Metairie car accident attorneys at the Law Offices of L. Clayton Burgess have expertise in handling multiple types of car accident claims.
Personal injury refers to any physical, emotional or psychological injury that is caused due to careless acts of another person. Personal injury lawsuits help victims receive compensation for their losses including loss of earning, pain and suffering, emotional distress, and loss of companionship.
TYPES OF PERSONAL INJURY CASES
Any claim that involves injury to the body or mind falls under the umbrella of personal injury law. Common types of personal injury cases include:
- Car accidents
- Animal bite
- Burn injuries
- Brain injuries
- Medical malpractice
- Motorcycle accidents
- Slip and fall accidents
- Spinal cord injury
- Injuries due to defective products
STATUTE OF LIMITATIONS
Personal injury claims are subject to time limitations. Statutes of limitations serve as strict deadlines. If your claim is filed after the designated time frame, then your case is likely to be dismissed.
ENGAGE THE SERVICES OF AN ATTORNEY
Except in simple cases where the injuries are minor, it’s probably best to seek the help of well-trained and experienced personal injury attorneys. Most personal injury lawyers are happy to provide a free initial consultation where they give deeper insights into your case and also discuss the merits of the matter.
If you’ve become a victim of personal injury, it’s best to seek the assistance of Metairie personal injury lawyers at the Law Offices of L. Clayton Burgess. The attorneys here have hands-on experience in handling complex personal injury cases with proficiency. We have a long trail of happy clients for whom we’ve earned millions of dollars through verdicts and settlements.
Personal injury cases can be immensely complex, so our legal representatives specialize in niche areas. For instance, some specialize in handling medical malpractice cases, whereas others routinely litigate motor vehicle accidents. Apart from having a team of specialized personal injury lawyers, we offer a FREE initial consultation to educate you on how to litigate your case.
When a death is caused due to the negligence or carelessness of someone else, the case can be considered as wrongful death. After a wrongful death, families are often left financially and emotionally devastated. The legal system provides a way to file a claim against the negligent party and obtain compensation for the loss.
At the Law Offices of L. Clayton Burgess, qualified Metairie wrongful death attorneys have been handling complicated cases for the past two decades. Apart from legally representing your case, we also provide effective and empathetic counsel to the families of wrongful death victims.
ELEMENTS IN A WRONGFUL DEATH CASE
When a representative of the deceased victim files a wrongful death lawsuit, s/he must prove that:
- The defendant acted negligently
- The negligent and careless act resulted in the death
- There is a surviving spouse, children, and/or other beneficiaries
- The survivor has suffered financial loss
SEEK LEGAL ASSISTANCE
A skilled wrongful death attorney understands what to prove to obtain favorable compensation in a case. One key difference between personal injury and wrongful death claims lies in the amount of compensation that the surviving members obtain after losing a loved one.
COMPENSATION IN A WRONGFUL DEATH CLAIM MAY INCLUDE:
- Loss of future earnings
- Loss of companionship
- Loss of love
- Loss of guidance
- Death-related expenses
- Loss of household services
These claims often require calculation by an expert. We find the right experts for you to ensure that you have a strong case.
If you have lost a loved one due to the fault of someone else, get in touch with our Metairie wrongful death attorneys. We work on a contingency basis which means that our attorneys get paid only when they resolve a case successfully and win compensation.
