Campbell, House & Company

Shreveport, LA: Your Rights As An Employee

You have the right to go to work and assume you will be reasonably safe from injury. Even if you work in a more risk-prone job, your employers are obligated by law to provide you with the safest workplace possible.

Unfortunately, workplace injuries are still tragically frequent – costing employees millions in damages every year. Workplace accidents can cause damages like serious injury, unaffordable medical expenses, emotional distress, loss of capacity to work, lost income during recovery, psychological trauma, and much more.

If you’re injured at your workplace in Shreveport, you have the legal right to a personal injury claim to recover compensation. If you want legal assistance, you can reach out to the attorneys at Campbell, House & Company. However, we are not just concerned about helping you after you are injured. As a law firm concerned about your wellbeing, we also want to help prevent accidents from happening.

Keep reading to understand your rights as an employee and the responsibilities that your employer has towards you. If your rights are being violated, that is a sign of negligence on the part of your employee. Negligence can lead to accidents! Catching your employer’s negligent behavior early could help you or a coworker avoid serious injury or death.

Your Rights as an Employee

You have certain rights as an employee in the U.S., and if those rights are violated and you are injured, you are protected under personal injury law. According to OSHA, those rights include your entitlement to:

  • Receive workplace safety and health training (in a language you understand)
  • Work with machines that are safe (i.e. functioning correctly!)
  • Receive required safety equipment that is in good condition
  • Be protected from exposure to toxic chemicals (i.e. be warned of possible exposure and be reasonably protected from accidents)
  • Work in a place that is regularly inspected under OSHA standards
  • Have an effective channel to report workplace injuries, illnesses, or concerns
  • Know about workplace injuries and illnesses that occurred in your workplace
  • Have access to test results that measure workplace hazards

Your Employer’s Responsibilities

Your employer has a legal responsibility to provide a reasonably safe workplace. OSHA explains that an employer has the responsibility to:

  • Provide a workplace free from serious recognized hazards
  • Comply with OSHA standards, rules and regulations
  • Regularly examine workplace conditions to ensure they are up to OSHA standards
  • Ensure that employees are working with safe tools and properly-maintained equipment
  • Use color codes, posters, labels or signs to warn employees of potential hazards
  • Make sure employees follow safety and health requirements by regularly establishing and updating safe operating procedures
  • Provide training using a language and vocabulary that all employees can understand
  • Develop and communicate a written program to train employees on how to safely deal with hazardous chemicals in the workplace
  • Provide medical examinations and training when required
  • Clearly inform employees of their rights by displaying an OSHA poster or equivalent where all employees can see it.
  • Report all work-related fatalities within 8 hours to the nearest OSHA office
  • Report all work-related inpatient hospitalizations, amputations, and all losses of an eye within 24 hours.
  • Keep records of work-related injuries and illnesses and make them available to employees.
  • Provide access to medical records and exposure records as requested by employees or their authorized representatives.
  • Not discriminate against employees who exercise their rights to voice concerns or report an employer’s violation of responsibilities.
  • If a violation has occurred, the employer must post a corresponding OSHA citation at or near the work area involved and leave the citation posted until the violation has been corrected, or for three working days, whichever is longer.
  • Correct cited violations by the deadline set in the OSHA citation and submit required documentation.

Have you been injured on the job in Shreveport, LA? If you are aware of any way that your employer has violated their responsibilities or cheated you of your rights, that information will play a pivotal role in your personal injury case! Don’t wait to get the compensation you need to cover your expenses. Talk to an attorney ASAP about your situation.

Because large companies often have their own team of attorneys, filing a case against your employer can be intimidating or even feel impossible. Companies often try to cover up their fault and negligence after an accident in order to avoid paying compensation to the victims. But Campbell, House & Company is here to fight for you! Having a personal injury attorney represent you means you can confidently move forward in telling your side of the story. A personal injury attorney can gather evidence in your favor, expose the various ways your employer was negligent and at fault, and accurately analyze the full value of your case! Call us at (318) 855-0285 or message us!

 

Campbell, House & Company

1815 Roselawn Ave

Monroe, LA 71201

(318) 855-0285

Fax: 505.764.9722

Monroe, LA: What If You’re Injured in a Car Accident on Vacation?

With COVID-19 causing caution towards airplanes or other forms of shared transportation, many Americans are using their vacation time to take a road trip. When it comes to avoiding infection from other travelers, road trips are the way to go. However, more crowded roadways could mean more potential for car accidents. We’ve all heard that most car accidents happen within about a 15-mile radius from home. But for the one-quarter of accidents that do happen far from home, the aftermath can be even more stressful due to the unfamiliar surroundings.

What happens if you’re injured in a car accident while traveling outside of Monroe, LA? Keep reading to know what to do if your vacation turns into a trip to the hospital.

First Steps to Take

If you’re in a car accident while on vacation, your immediate action plan should be very similar to what you would do if you were injured near home.

  1. You should first check to see if everyone in the car is okay. Remember that many of the most common car accident injuries do not manifest themselves immediately. Serious injuries such as brain damage or spinal cord damage could take a few days to show symptoms.
  2. To be safe rather than sorry, it’s always recommended to visit a doctor for a thorough checkup after an accident, even if you believe your injuries were minor or nonexistent.
  3. File a report with the local police. Not only is this often required by law, but it will become important if you choose to file a personal injury case later on.
  4. Document what happened. While sometimes required for a police report, this information should be treated as future evidence should you choose to pursue an insurance claim or personal injury lawsuit. You will need evidence of all the damage that was done and any evidence that could prove who caused the accident. You should photograph the scene of the accident from several angles. Photograph all damage done to your vehicle and any other vehicles involved. If you have visible injuries you should photograph those too. If there are witnesses present, ask if they are willing to provide their contact information and a statement about what happened. You may need to contact them again if you pursue a case. If you go to the doctor, save receipts and documents from your visit.
  5. Contact a car accident attorney. Even if you feel that your injuries were too minor to consider a legal case, it’s still wise to get a car accident attorney’s advice. Should your injuries develop into something more serious, getting started on your case sooner rather than later will help you in the long run. Often, people involved in car accidents do not “bother” with a legal case simply because they do not know what their case is worth. Car accident expenses can add up fast, even when injuries are minor or moderate. If you were injured because of someone’s negligence, you owe it to yourself to claim the compensation you deserve! When you are involved in an accident in a different state, it’s especially important to get legal advice on varying state laws regarding fault, negligence, and compensation.

What You Might Be Entitled to Claim

If you choose to pursue a legal case after a car accident while on vacation, you could receive compensation for various damages, including but not limited to:

  • Past and future medical expenses (not just your immediate hospital bills, but physical therapy, check-ups, treatments, and medication that you will need in the future because of your injuries)
  • Rental car expenses (if your personal vehicle was damaged or if your rental car was damaged and you need a replacement)
  • Expenses incurred from an interrupted vacation, such as flight changes/cancellations, hotel cancellations, extended hotel stay expenses while you recover, and more.
  • The unjust use of your vacation time
  • Pain and suffering caused by the trauma of the accident, the bad memories connected to your vacation, the emotional distress of being injured, and more.
  • Lost wages. If you are prevented from returning to work because of the accident, you can claim compensation for the income you would have received.
  • Loss of enjoyment of life and loss of future earning capacity (if your injuries cause permanent disability)
  • Scarring or disfigurement
  • Therapy expenses to treat emotional disorders such as PTSD that arise from the accident

How An Attorney Can Help

Every state has different personal injury laws. Some state laws prevent you from claiming compensation if you share fault for the accident. A car accident attorney will help you navigate those nuances, prove who was at fault, and make a compelling argument for why you deserve compensation. Call our Monroe, LA office at (318) 855-0285 or online.

 

Campbell, House & Company

1815 Roselawn Ave

Monroe, LA 71201

(318) 855-0285

Fax: 505.764.9722

10 Most Common Causes of Distracted Driving

Each day in the U.S., approximately 9 people die and over 1,000 are injured because of distracted driving, says the CDC.

Distracted driving caused  2,841 deaths in 2018, including 1,730 drivers, 605 passengers, 400 pedestrians, and 77 bicyclists, reports the NHTSA.

And while it’s true that “other” drivers often cause accidents, each of us is responsible for being the safest and most alert driver we can be. When we share the road, we share the responsibility to protect everyone on it as best we can.

Just a few seconds of distraction is enough to cause an accident that could result in serious injuries, lifelong disabilities, or death here at home in Shreveport, LA.

Successfully removing distractions starts with identifying distractions and understanding just how serious each one is.

The Main Types of Distraction

Anything that causes you to give less attention to driving is a distraction that endangers you and others. There are three main types of distraction, says the CDC.

  • Visual: taking your eyes off the road
  • Manual: taking your hands off the wheel
  • Cognitive: taking your mind off the road

Texting while driving combines all three types of distraction, making it particularly unsafe. At a speed of 55 mph, looking away from the road for 5 seconds means we cover the length of a football field without knowing what’s happening around us.

So, besides the notorious cellphone, what are the most serious distracted driving culprits?

SafeStart rates the top 10 worst causes of distracted driving and gives the percentage of accidents that resulted from each.

  • #10: Smoking – including lighting a cigarette or putting out a cigarette causes 1% of distracted driving accidents.
  • #9: Moving objects. Have you ever spent the majority of your morning commute trying to get rid of an unwelcome insect in your car? Or what about your pet demanding your attention? Moving objects in your car contribute to 1% of distracted driving accidents.
  • #8: Using devices that operate the vehicle – actions like putting on a seatbelt or adjusting mirrors causes 1% of distracted driving accidents. Doing these tasks before getting on the road can cut down on accidents and keep everyone safer.
  • #7: Changing audio or air controls. Just taking a few seconds to adjust the radio or change the climate in your car can distract drivers enough to contribute to 2% of distracted driving accidents.
  • #6: Eating and drinking. It’s tempting to think you’ll be saving time by finishing your breakfast in the car or even just getting a quick coffee for your commute. But eating and drinking while driving leads to 2% of distracted driving accidents. That should be enough to make you think twice about eating that bagel behind the wheel.
  • #5: Using or reaching for a device that you brought into the car. This doesn’t just mean composing a text to your boss. Just reaching for your phone or another device causes 2% of distracted driving accidents.
  • #4: Other people in the car. This means kids crying in the backseat, friends chatting in the passenger seat, or even your dog who you turn your head to check on. The attention drivers give to other occupants leads to 5% of distracted driving accidents.
  • #3: What’s going on outside. Looking at objects, people, and events outside your car requires considerable attention, enough to contribute to 7% of distracted driving accidents. Don’t cause another accident by rubbernecking.
  • #2: Cell Phone use. Perhaps the most infamous cause of distracted driving. Unfortunately, many people use their final words in life on a text or phone call that could have waited. Even hands-free options cause distractions that contribute to 12% of distracted driving accidents. There are very few calls or texts that are worth risking lives for.
  • #1: Getting “lost in thought.” Just because you don’t text and drive doesn’t mean you’re off the hook! Turns out that general distraction such as letting your mind wander causes a chart-topping 62% of distracted driving accidents.

Start Making the Roads Safer

Hopefully, these stats encourage you to think twice before letting your attention go to something besides driving. Besides removing and minimizing your own distractions, another effective way to help prevent car accidents in the Shreveport area is to speak up and lead by example. If you see someone driving while distracted, remind them of the consequences of just a few seconds of distraction. And lead by example for your friends, family, coworkers, and community!

If You’re Injured Because of Distracted Driving

Distracted driving is negligence. And if someone else’s negligence causes you injury, you can sue for compensation in a personal injury lawsuit. Contact a personal injury attorney at Campbell, House, & Company to get started. Call our Shreveport, LA office at or message us online.

 

Campbell, House & Company

1815 Roselawn Ave

Monroe, LA 71201

(318) 855-0285

Fax: 505.764.9722

How Much Money Can You Claim In A Wrongful Death Case in Monroe, Louisiana?

Dealing with the tragic death of a loved one might be one of the toughest challenges you’ll ever face. Aside from the grief and shock of losing someone you love, wrongful deaths bring a series of legal questions, confusion, and potential challenges.

After a wrongful death, you have the option of filing a claim for compensation. It might feel disrespectful or weird to be thinking about money in a time like this, but you might need to. After losing a family member in an accident, you will likely be facing hospital bills, funeral expenses, and losses such as income that you relied on.

It’s a good idea to pursue a claim, not only to cover the immediate expenses but also to help you with expenses and losses down the road that result from your loved one’s death. And if a legal case seems overwhelming, don’t panic. At Campbell, House, & Company, there’s a team of experienced and caring attorneys waiting to take the weight of your shoulders turning this chaotic time.

So, if you’ve decided to take legal action after a wrongful death in Monroe, Louisiana. It’s natural to wonder how much compensation you will receive.

First of all, it’s important to realize there is no one-size-fits-all when it comes to financial awards in wrongful death cases. Because each case is unique, you should not rely on compensation calculators that circulate the internet or on results from other cases. Doing so could actually hurt your case by deceiving you into settling for less than what you deserve.

Instead, your best chance of optimum success is to work with a wrongful death attorney who truly cares about you and your case. Campbell, House, & Company is an experienced group of compassionate and highly competent attorneys ready to fight for your rights under Louisiana wrongful death law.

How To Understand What Your Case Is Worth

Your unique circumstances and the competence of your attorney will determine the outcome of your case. An attorney can help you figure out what you can reasonably claim in a Monroe, Louisiana case. To start determining your case’s value, your attorney will consider the following factors:

  • The age of your loved one at the time of their death
  • Your loved one’s physical health prior to the accident
  • Your loved one’s earning capacity and potential – this includes their education, work experience, training, and physical abilities.
  • Any household tasks that your loved one provided. For example, if your spouse cared for your children, you will most likely need to hire childcare now. You can claim the expenses related to childcare in your wrongful death case.
  • Income that was provided by your loved one
  • Benefits or gifts that you received because of your loved one, such as healthcare.
  • If your loved one had dependents, the ages and circumstances of those dependents.
  • Loss of inheritance, if applicable
  • Funeral and burial costs
  • Any medical expenses and hospital bills that resulted from your loved one’s injuries in the accident
  • Your mental anguish caused by their death
  • Loss of companionship
  • Loss of affection
  • Loss of moral support
  • Loss of guidance
  • Loss of attention
  • Loss of sexual relationship
  • Pain and suffering that your loved one experienced because of the other party’s negligence

You’ve probably noticed that some of these factors don’t have a set value. For example, while you might receive a hospital bill in a very tangible dollar amount, a damage such as loss of companionship doesn’t have a price. That’s where an experienced attorney is essential. An attorney can help argue that you deserve significant compensation for these non-economic damages such as pain and suffering.

In addition to the above factors, you might also be able to claim punitive damages. While the above damages are considered compensation for something that was taken from you, punitive damages act as a punishment on the negligent party. For example, if your loved one was killed in a car accident by a drunk driver, you can try to claim punitive damages as a way to penalize the drunk driver’s inexcusable recklessness. Or, if your loved one died in a workplace accident, your attorney might be able to prove that the accident could have been easily prevented if it weren’t for someone’s extreme negligence. Talk to your attorney about the possibility of claiming punitive damages in addition to your other compensation.

What’s Next?

We know that money won’t make life seem normal after losing a loved one, but your compensation awards can provide the financial stability and peace of mind you need to start moving forward. A successful compensation claim can also help you gain assurance that, to the extent that was possible, justice was done. Contact our Monroe office at (318) 855-0285 or online.

 

Campbell, House & Company

1815 Roselawn Ave

Monroe, LA 71201

(318) 855-0285

Fax: 505.764.9722

Injured? When To Accept An Insurance Settlement in Shreveport, LA

It’s unjust that you should have to suffer because of another person’s negligence. That’s why personal injury law exists – to help you get justice in the form of financial compensation. Unfortunately, even after the accident, you might be the victim of more injustice if you’re not careful.

What To Expect From Insurance Companies

Insurance companies exist for their bottom line. So while they advertise promises of security for their clients, they often hesitate to offer settlements that actually cover the value of the claim. Often, insurance companies (whether you are filing a claim with your own insurance or filing a claim with the at-fault party’s insurance) will try to convince you to accept a settlement that is less than the amount you’re entitled to. They often get away with this because many accident victims don’t know the real value of their damages and what they could legally claim – we’ll get to that later in this article.

The first thing you need to know is that insurance companies in Shreveport are counting on you to want to settle fast and with as little inconvenience as possible. They know that you’ll have medical bills and property damage expenses piling up and that you might be impatient to get the money. They’re counting on you to not understand the full scope of your damages and what the law might allow you to claim.

Don’t accept a settlement too soon or you’ll lose out on compensation you deserve.

Evaluating The Total Value Of Your Damages

To evaluate the total value of your damages, you need to think outside the box. Your accident damages could be far more than just the cost of a new car or your first medical bills.

Personal injury damages can be broken down into two general categories: economic damages and non-economic damages.

  • Economic Damages

Justia defines economic damages as “tangible damages that can easily be quantified, and their value does not change depending on the jury that is evaluating them.” In personal injury cases, economic damages usually include expenses such as:

  • Car replacement or repairs
  • Rental car costs
  • Hired services such as housekeeping (if your injuries prevent you from doing daily tasks)
  • Lost wages due to missing work while recovering or because you lost an ability to earn in the future (sometimes called lost earning capacity)
  • Medical bills (past and future – including expenses required for your full recovery such as physical therapy and treatment for PTSD or other psychological issues)
  • Other out-of-pocket expenses
  • Non-Economic Damages

Also sometimes referred to as “pain and suffering,” non-economic damages are harder to valuate but are often some of the greatest losses after a serious accident. Non-economic damages can include:

  • Pain
  • Emotional anguish
  • Humiliation
  • Reputational damage
  • Loss of enjoyment of activities
  • Worsening of prior injuries

Who determines the value of these damages? Economic damages can be proven by signed statements from medical professionals, receipts or statements from mechanics, and other records that show your expenses. Non-economic damages will usually need to be presented by a personal injury lawyer and evaluated by a judge or jury.

When trying to put a number on the amount of money you can claim, it’s best to get legal assistance so that nothing falls through the cracks.

When Is It Safe To Settle?

As you can guess, evaluating your damages can take a lot of time and careful attention, as well as the opinions of many professionals and/or witnesses. So at what point can you accept a settlement with confidence?

Generally, when it comes to medical expenses, you should wait until Maximum Medical Improvement (MMI) before you accept a settlement. MMI is the point in your recovery in which your condition is stable to the extent that additional intervention won’t make things any better. It doesn’t mean you have fully recovered, but it means that a doctor can confidently assess what your recovery journey will look like, what treatments you will require, and what the costs of those treatments will be.

Do not accept an insurance settlement without getting advice from medical and legal professionals. It makes sense that you’re anxious to get your compensation, but remember that a little patience can go a long way when it comes to your settlement.

Do you want experienced legal assistance to help you determine the value of your case and successfully claim your compensation in Shreveport, Louisiana? The world might feel like it’s against you after a serious accident, but our legal team is all for you! Don’t guess when it comes to your personal injury settlement. Don’t risk missing a significant portion of your compensation. It’s not just about the money, it’s about justice for you! Contact our Shreveport office at (318) 855-0285 or contact us online!

 

Campbell, House & Company

1815 Roselawn Ave

Monroe, LA 71201

(318) 855-0285

Fax: 505.764.9722

Your Risk of Psychological Injuries After An Accident In Monroe, LA

When you’re reeling from the aftereffects of a serious car accident – you’re probably focused on your physical injuries, property damage, and all the bills that are piling up.

But it’s important to remember that some of your most serious injuries might be harder to detect. Victims of car accidents often experience psychological injuries in addition to (or even in the absence of) physical wounds.

Understanding Psychological Injuries

According to WebMD, even minor accidents can result in severe emotional trauma such as fears and phobias about riding in a car. WebMD reports a study that finds that one-third of car accident victims experience some form of PTSD, anxiety, depression, or phobias after an accident – with passengers often having even more emotional repercussions than drivers.

Identifying PTSD

In the months following the accident, if you experience anxiety, consistent nightmares about the accident, and/or the strong desire to avoid getting in a car, you might be suffering from PTSD. According to FamilyDoctor.org, common symptoms of PTSD can include:

  • A persistent feeling of general uneasiness.
  • Anxiety regarding driving or riding in vehicles.
  • Desire to avoid medical tests or procedures.
  • Irritability, excessive worry, or anger.
  • Nightmares or trouble sleeping.
  • A feeling of disconnection to events or other people.
  • Ongoing memories or thoughts about the accident that you can’t seem to control.

You Can Claim Compensation For Psychological Injuries

While personal injury lawsuits often focus on collecting compensation for monetary costs like medical bills and vehicle replacement, in some situations you can also claim compensation for psychological injuries such as PTSD.

Getting medical care for your emotional trauma is essential to claiming related compensation. To prove your need for emotional trauma compensation, you’ll need to provide evidence that the accident caused you PTSD or another psychological issue.  According to FindLaw, you’ll need to support your claim with testimony from a psychological trauma expert. The testimony will need to establish that:

  1. You’ve been appropriately diagnosed with PTSD.
  2. Your psychological condition is connected to the car accident in question (and not a prior event or circumstance).
  3. An estimation of how long your condition may persist.
  4. How your psychological suffering and needed treatment can be reflected in a dollar value.

How To Move Forward

Getting the proper therapy and care is essential for dealing with psychological injuries. Common treatments for PTSD include cognitive processing therapy, eye movement desensitization and reprocessing (EMDR) therapy, and some medications. Ask your doctor for therapist recommendations and remember that there is healing for PTSD.

Also, make sure to talk to a personal injury attorney about how to claim the compensation you deserve for your psychological injuries. Maximizing your personal injury claim can make the thought of paying for therapy a lot more positive!

The personal injury attorneys at Campbell, House, and Company understand all the areas of your life that can be affected by an accident. Get the compensation you need by calling (318) 855-0285 or contacting us online!

 

Campbell, House & Company

1815 Roselawn Ave

Monroe, LA 71201

(318) 855-0285

Fax: 505.764.9722

Claiming Lost Wages After An Accident

When another person’s negligence causes you injury, one of the many hardships you might face as a result of the accident is lost wages. Even minor injuries can prevent you from returning to work or performing all of your job requirements. As a result, you might lose all or part of your income. Keep reading to understand how you can get it back!

Types of Lost Wages You Can Claim

There are two types of lost wages you can claim in your personal injury case:

  1. Past Lost Income – income lost because of your injuries up until the point of your case being finalized
  2. Future Lost Earnings – income that you may lose in the future as a result of your injuries.

According to HG.org, past lost income is relatively easy to prove. You will typically need your employer to confirm your absences from work due to the accident and the earnings that you would have received if you had been able to come to work.

HG.org goes on to say that future lost earnings are the most complicated to claim because your future ability to earn wages is usually quite ambiguous. Most personal injury accident victims will experience some form of recovery over time and will be able to return to work either full-time or part-time. But in many cases, there is a “loss of earning capacity.” Because this aspect of the law is very nuanced, an experienced personal injury lawyer is essential.

Reasons You Might Lose Wages After An Accident

There are many possible scenarios for which you can claim compensation for lost wages.

  • You might not be able to work at all (or in the same capacity) for a time during your recovery. While you might eventually be able to return to your previous job, you can still claim the wages lost during your recovery time.
  • Your physical injuries might not prevent you from going to work, but your emotional injuries do. It’s quite common for accidents to leave victims with psychological damage or PTSD. Emotional damage can prevent you from performing your normal work tasks, which is also ground for claiming lost wages.
  • Your injuries might impact your future so that you can’t go back to your previous job, but you can perform some kind of work. You might be able to claim lost wages if the only work you can perform after the accident doesn’t pay as much as your previous job.

Have you been the victim of an accident that has caused or will cause you to lose income in Shreveport, Louisiana? Getting trusted legal representation is essential to successfully claiming all of the lost wages you are entitled to. A lawyer will help you calculate the past and future wages that you can claim and help provide the necessary evidence. Get started by calling (318) 855-0285 or contacting us online!

 

Campbell, House & Company

1815 Roselawn Ave

Monroe, LA 71201

(318) 855-0285

Fax: 505.764.9722

How is Pain and Suffering Calculated in Louisiana?

Looking to claim compensation for your injuries in Monroe, Louisiana? Did you know that a large portion of your personal injury compensation can be not just medical bills but also “pain and suffering?” Pain and suffering compensation is something that many victims miss out on because it can be complicated to successfully claim.

There are two types of pain and suffering: physical and mental.

Physical pain and suffering includes the pain and discomfort that the accident victim has endured to date, and also the negative physical effects that he or she is likely to suffer in the future as a result of the accident.

Mental pain and suffering results from the accident victim’s physical injuries, but it is more of a by-product of those bodily injuries. Mental pain and suffering can include mental anguish, emotional distress, loss of enjoyment of life, fear, anger, humiliation, anxiety, shock, anger, depression, loss of appetite, lack of energy, sexual dysfunction, mood swings, sleep disturbances, and more. Severe mental pain and suffering can even cause post-traumatic stress disorder (PTSD). Mental pain and suffering can be summed up as any kind of negative emotion that an accident victim suffers as a result of enduring the physical pain and trauma of the accident. Mental pain and suffering can also cover the future negative mental conditions that the victim will likely suffer as a result of the accident, according to Nolo.

How Do Louisiana Courts Award Pain and Suffering? 

According to FindLaw, pain and suffering awards are considered non-economic (or “general”) damages because they aren’t tied to any explicit dollar amount.

Some of the factors in pain and suffering calculations include:

  • How much will the injured party’s daily routine be limited or altered?
  • Will the injury impact relationships at home or work?
  • How does the pain or injury affect sleep or other lifestyle factors?
  • Will the injury impact the victim in the long term?

However, calculating pain and suffering is never simple. There are many more factors that a judge might use to determine pain and suffering compensation, some of them having to do with your personal character traits or history. An attorney’s help is essential if you want the courts to rule in your favor.

Because pain and suffering is so complex and nuanced, injury victims often walk away with less money than they deserve. But this doesn’t have to happen to you!

How to Successfully Claim Compensation

The best way to ensure maximum compensation is to start working with an experienced personal injury attorney as soon as possible!

Were you involved in a car accident or workplace injury in Monroe, Louisiana? If you’ve been injured by someone else’s negligence, it’s time to get the full dollar amount you deserve. We’re here to help you avoid settling for anything less! Contact a personal injury attorney by calling (318) 855-0285 or contacting us online!

 

Campbell, House & Company

1815 Roselawn Ave

Monroe, LA 71201

(318) 855-0285

Fax: 505.764.9722

What to Expect in a Louisiana Wrongful Death Case

It’s a tragedy that changes everything. And when a loved one dies, the last thing you want is a complicated legal process to worry about. That’s why we’re here to help!  Wrongful death compensation can never make up for the fact that your loved one is gone. But if your loved one died because of someone else’s purposeful actions or negligence, you have the legal right to pursue compensation.

Definition of Wrongful Death

A wrongful death is when “a person dies due to the fault of another,” according to Louisiana Civil Code Section 2512.2. The death may be caused by the fault of another individual, or it may be the result of wrongdoing by an entity like a corporation. A wrongful death may be caused by conduct that is negligent, reckless, or intentional.

Wrongful death cases can be complicated, but that’s why we’re here. We help take the load of pursuing justice off your shoulder so that you can focus on taking care of yourself and honoring your loved one’s legacy.

Here’s a step-by-step guide of what to expect when you file a wrongful death claim in Shreveport, Louisiana. And of course, we’re available to support you each step of the way!

  • Understand the statute of limitations. Louisiana’s statute of limitations for wrongful death gives the surviving family members or personal representative one year to file a wrongful death claim in court, usually starting from the date of the deceased person’s death.
  • Determine if you are eligible to file. In Louisiana, the following parties may file a Louisiana wrongful death claim:
  • the surviving spouse or children of the deceased person
  • if there are no surviving spouse or children, the surviving parent or parents
  • if there are no surviving parents, the surviving siblings of the deceased person, or
  • if there are no surviving siblings, the surviving grandparents of the deceased person.
  • Call an experienced wrongful death attorney. Wrongful death cases are complex. Too often, victims walk away from their case with a settlement far lower than the law entitles them to. An attorney can help you understand what amount of compensation is fair and how to successfully claim it.
  • Assemble evidence and begin investigations. As the plaintiff in a wrongful death case, you’ll need to prove the following:
  • Duty of Care – You must prove to the court that the defendant owed a duty of care to your loved one. For example, in the case of a car accident, you must prove that the defendant had an obligation to obey the Rules of the Road and drive carefully while operating any vehicle
  • Breach of Duty of Care – You must prove that the defendant breached the duty of care owed to your loved one. Again, if the situation involves a car accident, you must show that the defendant failed to obey the applicable traffic laws, such as by speeding or by running a red light.
  • Causation – You must show that the defendant’s particular action directly caused the wrongful death. So, even if the defendant ran a red light while driving a car, the defendant is not responsible if the death was caused by something else, such as a mechanical failure on the deceased’s vehicle, according to Nolo.
  • Determine the value of your case. In Louisiana, damages that can be awarded in a wrongful death case include:
  • funeral and burial expenses
  • medical bills, including bills for emergency care related to the deceased person’s final illness or injury
  • lost wages and benefits
  • value of lost household services,
  • bills for damaged property.
  • the pain and suffering the deceased person suffered in his or her final moments,
  • the loss of care, companionship, guidance, and emotional support suffered by family members as a result of the untimely death.

 Your case is drafted and filed. Once your attorney has gathered sufficient evidence and information regarding your case, they can then bring forth a formal filing with the court. This complaint will identify the defendant, outline the supporting evidence of your case, and state the monetary amount you will be seeking.

 Discovery and deposition stage.

Both sides of the case will “discover” facts, details, and evidence about your claim.  The attorneys will conduct the deposition, a process that gathers statements from witnesses prior to a trial.

Trial. Sometimes a case is settled before going to trial. But if both sides can’t agree, then a trial is scheduled before a judge or jury to decide the outcome.

Do you need to file a wrongful death case in the Shreveport, LA area? Don’t go through this alone. Contact a wrongful death attorney by calling (318) 855-0285 or contacting us online!

 

Campbell, House & Company

1815 Roselawn Ave

Monroe, LA 71201

(318) 855-0285

Fax: 505.764.9722

Is It Smart to Call Your Insurance After a Car Accident?

Car accidents are never convenient, especially when there is injury and damaged property involved. If you’re in a car accident, it might feel like a natural next step to call the insurance company. But if there are any injuries or significant property damage, stop and think before talking to the insurance company.

If you’re looking at injuries or property damages, it makes sense to start thinking about a claim. However, filing an insurance claim or giving a statement to insurance adjusters without getting legal advice could actually hurt your chances of getting compensation.

When you contact an insurance company to make a claim or give a statement, they can use the information and words provided to convince you to take a lower settlement than you deserve.

After a car accident, you could be facing long-term medical bills and other expenses that aren’t fair. You need the maximum compensation you can get, which isn’t what the insurance companies want to give. Instead of trying to argue with the insurance company, tell your story to a personal injury attorney.

An insurance company will try to give you the minimum payment possible. A personal injury attorney will fight to get you the maximum payment possible!

What If You Already Talked to Your Insurance Company?

Maybe you are reading this and feeling stressed because you’ve already made an insurance claim or already given a statement to your insurance company. Don’t worry, it’s not too late to get the compensation you deserve. The legal team at Campbell, House & Company is highly experienced in dealing with the unfair practices of insurance companies. If you’ve tried to get the compensation you need, and your insurance company has denied it or tried to get you to settle for less, we’re here to help! Wondering if the settlement offered by insurance adjusters is fair? We can give you the confidence you need!

How Much Compensation Do You Deserve?

This question seems more simple than it is. You might come up with an estimate based on doctor’s bills, vehicle repair or replacement costs, and hours missed at work. But it’s more complicated than that. Many accident victims aren’t aware that they can also claim compensation for future medical costs, future rehabilitation fees, future lost wages, and even pain and suffering damages.

Pain and suffering is perhaps the most difficult area of compensation to calculate, and according to Law.com, it can include aches, pain, temporary and permanent limitations on activity, potential shortening of life, depression, embarrassment from scarring, and more.

A personal injury attorney can help you understand exactly how much compensation you’re entitled to and help you navigate the process of claiming it in Monroe, LA.

What’s the Best Plan of Action After An Accident?

The most important first step is, of course, to stop at the scene of the accident. It’s illegal to drive away from the scene of a car accident, and doing so will certainly not help your claim for compensation!

  1. Check if you are injured. If you or someone else is injured, call 911 or ask someone to call 911 immediately. If you are injured, try not to move. Wait for help.
  2. Check on other people involved in the accident.
  3. If you are not seriously injured, move to safety. If you can’t move your vehicle, just move yourself!
  4. Report! Louisiana law requires you to report to the police any accident that results in death, injury (however minor), or property damage exceeding $500. You’re also legally required to report to the Louisiana DPSC within 24 hours of any accident that results in death, injury, or property damage over $500, according to FindLaw.
  5. Exchange the following information with the other driver(s):
  • Full name and contact information
  • Insurance company and policy number
  • Driver’s license and license plate number
  • Make, model, and color of the other vehicle(s)
  • Location of accident
  1. Do NOT admit fault or discuss details of the accident with anyone.
  2. Document! This will be very important in your compensation claim later.
  • USAttorneys recommends getting the badge numbers and names of responding police officers.
  • Get a copy of the accident report.
  • Take pictures of your vehicle from different angles, showing the damage done to both cars. It’s also a good idea to take pictures of the other car’s license plate.
  • Get names and addresses of all parties involved, including any passengers in the other vehicle.
  • Talk to witnesses, and take down their contact info.

    Call a personal injury attorney.

After being injured in a car accident in Monroe, LA, contact a personal injury attorney who can help you get the compensation you deserve!

Call (318) 855-0285 or contact us online!

 

Campbell, House & Company

1815 Roselawn Ave

Monroe, LA 71201

(318) 855-0285

Fax: 505.764.9722