We give each case the time and attention it deserves, and we treat everyone who walks through our doors like family.
From auto accidents to defective product injuries to workers’ compensation claims, we’re here to help Louisiana injury victims.
We value building relationships with the many people and organizations that make Louisiana a great place to live.
Dudley DeBosier has a trusted team of personal injury lawyers who have been helping injured people in Louisiana.
by wpengine | March 29th, 2021
After a claim is filed for a personal injury lawsuit, the pre-trial phase known as “Discovery” begins.
As the name suggests, this is when both parties “discover” all the relevant details of the case. Namely, the plaintiff (the injury victim) and their lawyer will discover how the defendant (the at-fault party) describes how the accident occurred, while the defendant learns how the plaintiff describes events.
Discovery is when testimony is given, evidence compiled, and so on. Neither party can withhold evidence to surprise the other side later on. Both parties need all available information from the start to fairly and accurately build their cases.
If the evidence revealed in Discovery against the at-fault party is overwhelming, the insurance company may not want to risk going to court and losing big, so they may agree to settle before going in front of a jury.
You may be able to get more money in a jury verdict by going to trial, but trials can significantly drag out how long it takes to get compensation and it’s never a sure thing. If the insurance company offers to settle during the Discovery stage, make sure to discuss with your lawyer their opinion on whether the settlement offer is fair and how to proceed.
There are four main types of supporting evidence in Discovery, and both parties (the plaintiffs and the defendants) can request any of these from the other.
Depositions: Depositions are your oral testimony. The at-fault party’s lawyer will question you under oath (although this is still pre-trial and will typically take place in the attorney’s office rather than in court). This is your official “on-the-record” testimony, and your answers will be recorded. If the case goes to trial, any additional testimony will be compared to this to make sure no details change.
Any witnesses to the accident will likely also be deposed, meaning questioned under oath.
Interrogatories: These are simply questions that the opposing lawyer can send you and require you to answer. In Louisiana, you are limited to 35 interrogatories (although if you have more questions, you can request the permission of the court to send more interrogatories).
These must also be answered under oath, and if you receive new information that changes one of your answers, you have to update your answer and resubmit it to the other attorney.
Requests for Admission of Facts: Similar to interrogatories, “admissions” are requests from the opposing party you have to answer, but you don’t have to go into as much detail. You are only required to say yes or no, essentially “admitting” or “denying” the statement.
This is to make it easier to admit certain uncontested statements as fact in the trial without needing to waste any time proving them first. For example, you might be asked to admit you were driving the vehicle, if there was more than one person in the car at the time of the crash.
Requests for Production of Documents: These are copies of any and all documents and evidence you have supporting your claim, including the police report, your medical history (showing your injuries weren’t a pre-existing condition), medical bills (showing you received treatment and how much it cost), documents from your employer showing how much time at work you missed and how much pay you missed out on because of it, photographs of your injuries and damaged property, and so on.
You are not required to shared “privileged” information, meaning doctor-patient confidentiality and attorney-client confidentiality is upheld. You can also refuse to share private conversations or communications between you and your spouse, or between you and a religious advisor.
Are you struggling with an uncooperative insurance company after an accident, and considering filing a lawsuit to finally get the compensation you need to get by?
At Dudley DeBosier, we know the personal injury field inside and out, and that includes knowing the right questions to ask to gather all the evidence we need to prove you weren’t at fault for your own accident.
Contact our Louisiana personal injury lawyers today for a free initial consultation, and allow us to go over the details of your case with you to see if you have a solid claim!
by wpengine | March 22nd, 2021
When a house or apartment catches on fire and causes serious injuries or even death, who is responsible? Is it the people living there, or the person who owns the building (and is responsible for maintaining it)?
Roughly a third of all Americans rent, so it’s important to understand the answers to these questions, as they potentially affect millions of people in the U.S.
Unlike homeowners, renters are not generally responsible for the upkeep of the property, which includes the electrical system, plumbing, heat and air conditioning units, roof, and so on. Furthermore, tenants have the right to a “safe and habitable” rental.
This means you could be eligible for compensation if you were injured in a fire as a renter. But it might also be possible that your landlord could try to sue you instead!
Your landlord could potentially be liable for your burn injuries if they were found negligent in causing the fire. But if you are found negligent in causing the fire instead, you likely won’t be able to get compensation from the landlord.
The landlord is legally responsible for repairs that are not the fault of the tenant.
If the home is completely destroyed by fire, your lease is effectively considered terminated and the landlord doesn’t have to repair it if they don’t want to. But if the building is only partially destroyed, your lease is intact, and your landlord is legally responsible for making repairs to make the rental habitable again as soon as possible.
Furthermore, you are not legally required to pay rent while the unit is being repaired to make it habitable again either, and you may also have the option to end your lease early rather than wait for repairs to be completed.
However, this only applies if you are not responsible for the fire. If you caused the fire, even accidentally, your landlord may not be required to pay for repairs, and you may still be required to pay rent while repairs are being made.
The above conditions apply to Louisiana. The law may differ in other states.
Unfortunately, your landlord is typically not responsible for the cost of replacing your personal property (furniture, clothing, electronics, and so on) that are damaged or destroyed in a fire.
However, most rental agreements include a requirement to purchase renters insurance. You can file a claim through your renters insurance to compensate you for all your personal property that was lost in the fire. Even better, most renters insurance agrees to compensate you for the cost to replace all property. Which means, you will get enough money to buy a brand-new couch, not just a check for what your couch was worth after ten years of use, and the same applies to all your other possessions.
In terms of filing a renters insurance claim, it doesn’t matter whether the renter or the landlord was found negligent in causing the fire; the renter can file a claim and get compensation either way.
Even if a landlord doesn’t directly cause a fire themselves, they can be held responsible for negligence that makes it easier for a fire to start or spread, harder to extinguish, or harder for residents to escape a fire without injury.
Examples of negligent property maintenance include:
This will primarily depend on how the fire was caused. The landlord can be held liable for negligence if they don’t maintain the property and that causes a fire, but in the same way, you could also be held liable if your own negligence starts a fire.
For example, if you left a dishcloth on a hot stove, and it catches fire, you could be considered liable if that fire spreads to the rest of the house or apartment.
You should also check your lease and make sure you didn’t take any actions that violated its terms and started the fire. For example, if your lease forbids smoking indoors, but the fire was started by a cigarette in the trashcan, you could be considered liable.
A fire is often a devastating event, and there are many actions you’ll need to take afterward. However, we go over some of the main items here.
We know how devastating burn injuries can be, and how they can rock your life off its moorings. If you are also experiencing the loss of your home, it can feel like too much to handle on your own.
That’s why we want to step in and help. Call our premises liability lawyers today to discuss how we help burn injury victims across Louisiana after fires that weren’t their fault.
by wpengine | March 8th, 2021
Before you can file a lawsuit in a federal court, you must first have “standing.” But what does this mean?
“Standing to sue” is the legal concept, based on Article III of the U.S. Constitution (which is why it’s sometimes called “Article III Standing”), that describes whether or not a person meets certain requirements to file a civil lawsuit.
For example, if you are injured in a car accident and need compensation, you have standing to file a lawsuit against the negligent driver. However, if your best friend is injured in a car accident, but is reluctant to file a lawsuit, you do not have standing to file one on their behalf.
The three main requirements to have standing are:
A lot of these concepts are also the same as the ones that will determine whether or not you have a successful claim. But just because you have “standing” doesn’t mean you are going to automatically win your claim, either. It just means you have justification to go in front of a judge or jury to have your claim heard.
It’s important to note that Article III Standing applies to federal court, and not state court. State courts are usually a bit more lax on standing requirements. However, it is best to make sure you can meet federal standing even if you only intend to go through state court. This is because if you win your claim, but the defendant appeals the verdict and wants to bring the case up to a higher court, you may get your case thrown out and verdict overturned because you don’t meet standing requirements.
There are a limited number of exceptions when you can file a lawsuit on someone else’s behalf.
If the injured party is your dependent, such as your child or an intellectually disabled adult who you have guardianship over, then you can sue on their behalf.
In cases of wrongful death, the deceased victim can obviously not file on their own behalf, so in those cases, family members can file a claim on behalf of the deceased. However, in most circumstances, only the spouse or children can file a claim. If there are no surviving spouses or children, it can be opened up to specific other family members, but it’s best to speak to a wrongful death attorney about how to proceed in those circumstances.
At Dudley DeBosier, we want all our clients to understand what is going on with their claim, what may happen throughout the course of their claim, and feel comfortable with how our attorneys are proceeding, which is why we offer free, no-obligation case evaluations, where we go over the details of your claim with you, including your standing to sue.
Contact us today to request your free case evaluation.
by Dudley DeBosier | February 15th, 2021
In order to get compensation in a personal injury claim, accident victims must prove that they were physically harmed by someone else’s actions, or occasionally, inactions (such as if they were injured slipping on a wet floor because the property owner didn’t put up a “wet floor” sign).
Because of this, when the insurance company representing the at-fault party can’t prove that the victim isn’t injured, they will next attempt to prove that the injury wasn’t actually the fault of their policyholder. One way they do this is by claiming the injury was pre-existing. However, even if an injury is pre-existing, if an accident makes an injury worse, victims can still qualify for compensation.
An aggravated injury is when a body part that has been injured in the past is re-injured, or a pre-existing injury or health condition is made worse. Although insurance companies aren’t responsible for paying for treatment for pre-existing injuries, they are responsible for treating the aggravation.
For example, let’s use the case of someone who had previously suffered a back injury. However, the injury was manageable, and didn’t affect their life too much, until they were rear-ended by another vehicle while waiting at a traffic light. Now they need spinal surgery.
The insurance company of the at-fault driver will usually attempt to argue that the only reason the victim needs the surgery is because they already had back problems, and a healthy person in the same accident would not need as much, or any, treatment.
However, Louisiana law protects people who have previously been injured or who are physically frail, and it allows them to still collect compensation if they are injured through someone else’s actions.
It’s called the “Eggshell” rule. It essentially says that even though the pre-existing condition made the victim’s injury from the accident worse than it could have been, they still suffered an injury due to someone else’s negligence and deserve to be compensated.
However, proving the degree of aggravation in these types of cases can be difficult, especially without a lawyer on your side.
The insurance company is only responsible for the aggravation of the injury, and not the entire injury, since the initial injury wasn’t the fault of their policyholder. For example, if the severity of the pre-existing injury was considered 3/10, and after the car accident became 8/10, the victim would receive compensation as if the severity were 5/10, because that’s how much of the injury the accident contributed to.
So while victims of accidents with pre-existing conditions can still get compensation, the insurance company will try to pay as little as possible by claiming the amount of harm their policyholder caused was very small.
This can reduce the amount of compensation you can get, unless you have an experienced personal injury attorney who can help prove through your medical records and other evidence that most of the pain and disability you’re currently suffering would not have happened, regardless of your pre-existing condition, had the accident not occurred.
We’ve helped accident victims who have pre-existing conditions many times before, and we know how the risk of a devastating injury becomes more likely when you’ve already been injured in the past. When you’re careful about your health, understand your own limits, and have learned how to safely live with a condition or injury, but end up suffering anyway because of someone else’s carelessness, that’s not right or just.
We want to help you fight for the full compensation you deserve after an accident. If you’ve been rejected compensation for treatment you need for an injury you suffered, just because you have a pre-existing condition, call the Louisiana personal injury attorneys at Dudley DeBosier today for a free case consultation.
by Dudley DeBosier | February 1st, 2021
When you hear the phrase “burn injury,” you likely picture the small burns you might get from a drop of oil jumping out of the frying pan when you cook – painful, but commonplace, and usually no big deal – or more serious burns you might get from being trapped in a burning house, or in a car after a crash – horrifying, but highly unlikely to happen to you or someone you love.
However, there is a wide range of burns in-between the little and big, and most of them still require medical treatment to prevent infection, permanent scarring, or other serious and even life-threatening complications.
Knowing how burns happen – and they’re not always caused by fire – can help you protect yourself from these painful and potentially disfiguring injuries.
In addition to being categorized as 1st-degree, 2nd-degree, and 3rd-degree according to their severity, burns are also commonly sorted into three different categories depending on what caused them. 86% of burns that require medical treatment are thermal burns, and are caused by heat, 4% are chemical burns, and 3% are electrical burns. The remaining 7% of burns include all other causes, including radiation burns.
Thermal burns are caused by:
Chemical burns can be caused by:
Electrical burns can be caused by:
Accidents that cause burn injuries can happen anywhere, but they can be more common in certain situations or in certain professions than in others.
For example, electrical burns are more common at work than at home, and construction workers, utility workers, and tree service employees are more likely to be electrocuted than other types of workers.
While we can’t always protect ourselves from burns caused by other people’s negligence, we can reduce our own risk of burns by following these important safety tips:
Sometimes, no one is at fault for a burn, or it may even be the result of the victim’s own momentary lapse in caution. For example, even if you were left with serious scalding injuries after dropping a pot of boiling water while carrying it to the sink, there usually isn’t any negligence at play on someone else’s part.
However, sometimes burns are caused by someone else’s negligence.
For example, people may be burned by defective products that heat up too fast, or to higher temperatures than they are supposed to. These products may even catch fire or explode. The exploding hoverboards from 2016, and the exploding vape pens from 2019, are both examples of this. When manufacturers fail to make products safe for consumers, they can be held responsible.
Likewise, if people are injured in building fires, they may be able to hold the construction company or property owner liable if the building didn’t meet fire code, causing the fire to spread or make it difficult to safely put out the fire or for residents to escape.
If you are unsure if someone else can be held liable for the costs of your burn injury, call the Louisiana burn injury attorneys at Dudley DeBosier for a free consultation.
by Dudley DeBosier | January 18th, 2021
When you picture slipping on a wet floor, you may imagine the worst thing that can happen is a sore behind and some bruised dignity. However, this isn’t always the case. Slips and falls can result in serious injuries, and in some cases, such as falls from heights, they may even be fatal.
In fact, the CDC estimates that millions of Americans are injured every year in slips, trips, and falls, and 20-30% of all slips and falls cause moderate to severe injuries that affect the victim’s mobility and ability to live independently.
At Dudley DeBosier, we’ve helped many victims who were injured after slipping or falling due to dangerous property conditions, but had their injury claims denied. That’s often because the insurance company didn’t believe that such serious injuries could result from “only” tripping, or because they believed these people were responsible for their own injuries due to clumsiness.
But thankfully for our clients, we’re experienced at proving these kinds of accidents can and do cause serious harm, and that negligent property owners are accountable for failing to correct dangerous conditions on their property.
Broken bones and sprains – When you trip or slip on an uneven or slippery surface, it’s common to twist your ankle unnaturally, or throw out your hands to try to protect yourself. Both of these movements can result in broken or sprained ankles, wrists, and fingers. Broken bones typically take six weeks or longer to fully heal, which can impact your ability to work and earn a paycheck if you can’t put weight on your foot or use your injured hand until you recover.
Traumatic Brain Injuries (TBIs) – Falls are the leading cause of traumatic brain injury, a category of injury that includes concussions. In fact, nearly half of all emergency room visits for TBIs are caused by slips and falls.
Knee and shoulder injuries – Bad falls can tear tendons and ligaments in the knees and shoulders, or even dislocate these joints. Unfortunately, damage to the knee or shoulder often requires expensive reconstructive surgery to regain full mobility.
Spinal cord injuries – When people land on their back, they can suffer slipped discs or even more serious and permanent injuries, including paralysis. Pain caused by spinal cord injuries can be debilitating and severely limit mobility.
Hip fractures – Hip fractures are serious injuries that are almost always caused by falls, and they often require extensive surgery, hospitalization, and rehabilitation. The elderly are extremely at risk of suffering hip fractures after a fall, and complications from the injury can often be fatal.
At Dudley DeBosier, we understand that people don’t just slip, trip, or fall for no reason. If you were injured because a floor was slippery, uneven, covered in loose carpeting, or featured some other tripping hazard, it’s not your fault. The property owner had a responsibility to make their property safe for visitors to walk on, and because they failed to do so, they can and should be held responsible for your injuries.
Contact our Louisiana premises liability attorneys today for a free case consultation.
by Dudley DeBosier | November 9th, 2020
Insurance companies don’t like paying out fair settlements after accidents where people get hurt, which makes it extremely difficult to get fair compensation without a lawyer on your side. However, that doesn’t mean there is nothing you can do on your end to improve your chances of getting compensation.
It’s your lawyer’s job to compile evidence, calculate your damages, and build a convincing claim that ensures you get every dollar you’re owed. However, it can make your lawyer’s job easier, and make your case close much faster (which means getting that check in your hands faster!), if he or she doesn’t have to start from scratch.
There are five simple things you can do to help your lawyer win your personal injury claim.
The statute of limitations for personal injury lawsuits in Louisiana is just one year. You may think that’s a lot of time, but in the legal world, it’s not much time at all. You could lose valuable months before your injuries are even properly diagnosed or while you’re stuck in negotiations with the insurance company.
Immediately after the accident (if you are able), and in the days following, collect the following information:
Some of these your lawyer will be able to request from other sources, but it saves time if you can provide it to your attorney at the start.
Don’t stretch the truth or make guesses about the circumstances of your accident, such as how fast the other driver was going before they hit you, if you were injured in a car crash. Conflicting details will cast doubt on the rest of your claim, even if you didn’t deliberately omit or misstate anything.
Your medical appointments are valuable evidence of the origin and seriousness of your injuries! If you miss appointments, the insurer will assume your injuries are not as debilitating or painful as stated, and this could reduce your settlement.
It’s in the best interests of your case, not to mention your health, to follow all doctors’ instructions until they decide you are completely recovered. This includes attending all appointments, including physical therapy sessions, and completing any course of prescribed medication.
The insurance company doesn’t want to pay your claim, so it will find every reason to shift the blame for your accident onto you to justify a smaller payout or deny your claim altogether. If your social posts suggest you feel guilty about the accident (which could be twisted to imply fault), or your photos suggest you aren’t as injured as you really are, this will be used against you.
Following these five tips can significantly improve your chances of success when filing a personal injury claim. At Dudley DeBosier Injury Lawyers, we aren’t afraid to go to trial when the initial settlement offer isn’t enough to cover our clients’ accident-related expenses. And our Baton Rouge personal injury lawyers will work with you every step of the way so your needs are met.
Have questions about a potential injury claim? Call us today for a free case review.
by Dudley DeBosier | November 2nd, 2020
While most personal cases can be successfully settled outside of a courtroom, not all insurance companies can be persuaded to do the right thing. So when negotiations fail, that’s when cases are taken to trial.
When a personal injury case goes to trial, the defendant (the party accused of causing the victim’s injury) has the same right to an impartial jury that accused people have in criminal cases.
Juries are typically comprised of people who live in the area where the trial is being held, and they receive letters in the mail telling them to report to their local courthouses on a specific date for the jury selection process.
However, not everyone who gets called up for jury duty gets accepted to serve on the jury, and while those who are called up are selected at random from eligible citizens, those who are accepted are not.
Instead, they are chosen by attorneys on both sides in an effort to make the trial as fair as possible. In fact, the jury selection process is perhaps the most important part of any personal injury trial and can make or break your chances of receiving the full compensation you are owed.
The jury selection process is known as Voir Dire, which in French means “to speak the truth.” It refers to the oath taken by jurors to truthfully bring up any opinions, biases, or prejudices that may affect their ability to act fairly or impartially as a juror.
While we call it jury selection, it is really much more about identifying and removing any bad options for jurors than it is about choosing good options. The goal of Voir Dire is to weed out jurors that, for whatever reason, may have already decided who they will side with in the trial before having heard any of the evidence.
Both the plaintiff’s (the injured party) and the defendant’s attorneys will have an opportunity to speak to and question all the candidates in the jury pool. The plaintiff’s attorney always gets to question the jurors first, then the defense’s attorney gets their turn.
After questioning the potential jurors, the attorneys will tell the judge which jurors they would like removed.
However, the judge must approve all requests to remove jurors, so the attorneys must be able to provide a reason why they think the juror won’t be able to do his or her job fairly and impartially. The judge also has the ability to limit how long the attorneys can speak to the jurors, prevent them from asking “unfair” questions, and limit the number of jurors they can remove.
Questions during Voir Dire are supposed to root out existing biases, so they will usually refer to aspects of the case and the jurors’ knowledge or emotional reaction to the case.
For example, common questions will include, “Have you, a friend, or a family member ever worked for an insurance company?” or “Have you, a friend, or family member ever filed a personal injury claim before?”
If they answer yes to the first question, they are likely going to be more sympathetic to the defendant from the start, while if they answered yes to the second question, they will likely be more sympathetic to the accident victim. Jurors may also be asked about their personal life or taste in books or movies to see if these suggest sympathies in either direction.
Questions can also be specific to the type of case. For example, if the accident was a slip and fall injury in a restaurant, jurors might be asked if they’ve ever worked in a restaurant before. If the accident was a car crash, jurors might be asked if they are familiar with the intersection where the crash happened, or “Do you think most people are good drivers or bad drivers?”
Jurors will also be asked about how they feel about lawsuits in general. Examples of questions may include, “Do you think there are too many frivolous lawsuits?”, “Do you think it’s right to award money for pain and suffering?”, “Do you think someone injured in an accident always shares in the blame?”, and “How would you judge your ability to tell when someone is lying?”
Louisiana legal code allows potential jurors to be removed from the jury panel for five reasons.
Because the jury selection process is so important, it’s absolutely vital to make sure you hire a lawyer who knows how to question jurors the right way to make sure the deck isn’t stacked against you before you even get a chance to share your story.
The media often portrays personal injury lawsuits as frivolous, but we know that’s not true. Accident victims simply want their lives to go back to normal, and for that, they need money to pay their bills, recover their lost wages, and compensate them for the needless suffering they went through. We’ll make sure the jury knows it, too.
If you have questions about a potential personal injury claim in Louisiana, contact our firm today for free.
by Dudley DeBosier | October 19th, 2020
We know the sense of relief that our clients feel once a settlement is agreed on, whether it’s pre-trial or after going before a judge or jury. It means the nightmare of their accident is finally over, and they can really begin to put it behind them.
But what happens next? When does the insurance company write the check, and more importantly, how long until you get it in your hands? And how do you begin to start paying off all the expenses you’ve racked up in the meantime? This blog goes into the details.
Processing a personal injury settlement is an involved process and may take up to six weeks (although usually shorter) to conclude. Why so long? There are several steps that must be completed before you can receive your check.
After an agreement on a settlement is reached, you will be required to first sign a release stating the total amount to be paid and absolving the defendant from further liability.
This is why having a lawyer to negotiate on your behalf is so important – if the insurance company’s initial offer is too low and you accept, you won’t be able to ask for more money later after signing the release.
The defendant’s insurance company will issue a check, typically made payable to you and your lawyer, and send the check to your lawyer.
Your lawyer will deposit the check into an escrow account. This is not a decision your lawyer is making on your behalf, it’s the law. Having the money in escrow is also only temporary until any liens on the settlement are paid.
Your lawyer will pay all liens you owe using the money in the escrow account – these are typically medical liens.
Because personal injury settlements often don’t conclude until after the victim is recovered and the final medical bill is paid (to accurately calculate how much compensation is needed), most accident victims will pay their medical bills initially through their own health insurance. You are required to report to your insurance when the treatment being billed is for injuries from an accident. The health insurance company will then issue a lien for the amount they paid the health care provider, since subrogation laws in Louisiana prevent injury victims from getting compensation from two sources for the same accident-related expenses (i.e., first from your own health insurance, and later from the at-fault party’s auto insurance once your settlement is awarded).
If you don’t have health insurance, you may have a lien with the healthcare provider itself.
Your lawyer will typically negotiate with the healthcare providers to try to reduce the lien amount you are required to pay.
Other types of liens on the settlement could include spousal or child support that the injury victim owes and couldn’t pay while unable to work due to their injuries.
Your lawyer will subtract their fees and court costs from the money in the escrow account.
Attorney fees vary, and can depend on the type of case and whether or not the case went to trial, but they usually range from 33%-40%. Your attorney’s fees reflect the time and work they put into your case. Refer to the contract you signed for the attorney fee percentage you agreed to pay.
Court costs are different from attorney fees. These include the amount charged by the hospital and police department for requesting copies of your medical records and police report, cost of postage, and if you go to trial, filing fees, paying expert witnesses, and so on. These are the responsibility of the person filing the personal injury claim, but your lawyer will typically pay these charges up front and take reimbursement out of the settlement.
Once all liens and fees have been subtracted, the injury victim will receive the remaining amount. This will include compensation for lost wages and pain and suffering.
Typically your lawyer will write you a check for the amount remaining in the escrow account, which can be picked up at the lawyer’s office or delivered by mail.
Settlements can be delayed for a variety of reasons, including reasons as simple as the claims adjuster being out of office and not having signed or filed your release paperwork. Typically, delays are due to waiting on confirmation that all liens have been settled.
If your settlement is significantly delayed, talk to your lawyer. They may be able to issue a partial payment while continuing to negotiate your liens.
At Dudley DeBosier, our personal injury attorneys know how important compensation is after an accident that leaves you seriously injured and in debt. That’s why we work hard to settle claims professionally, quickly, and for the maximum amount.
Contact our team today for a free consultation.
by Dudley DeBosier | October 5th, 2020
Accidents are costly. After totaling up your medical bills, the paychecks you missed while recovering, and your vehicle repair or replacement costs after a car crash, you could easily be in the hole for tens or hundreds of thousands of dollars. It’s not unheard of for victims of catastrophic or permanent injuries to incur millions of dollars in costs when lifetime treatment is required.
So, does that mean you are eligible for millions of dollars in compensation? It depends. Generally, victims in Louisiana can get all the money they’re owed after accidents and injuries, but the state does have some restrictions on the amount of compensation injury victims can get for certain types of injuries.
Louisiana doesn’t cap the amount of money an injury victim can receive in compensation for most personal injury cases, including car accidents, slips and falls, and injuries caused by dangerous products or medications.
Are there exceptions? If the at-fault party is a government agency, then the amount of compensation the injured victim can receive is capped at $500,000.
Additionally, a bill passed in July 2020 may limit the amount of money an injured car accident victim can receive in compensation for their medical expenses. If the insurance provider is eligible to pay a discounted price for a medical service, the injured party can only receive compensation for the discounted amount plus up to 40% of the difference between the discounted amount and full price, rather than full price.
For example, if a treatment costs $2,000, but the insurance provider received a discount and only had to pay $1,000, then the injured victim would receive between $1,000-$1,400 in compensation, not $2,000.
In medical malpractice claims, injury victims can receive no more than $500,000 in total damages. That means the total compensation for economic damages (such as medical bills and lost wages) plus any non-economic damages (such as pain and suffering) can’t be more than $500,000 when added together, not when added up separately.
However, the cap does not apply to future medical expenses arising from the same accident, so victims who suffer lifelong injuries may be eligible for additional compensation. Talking to a lawyer about your injury at the hands of a negligent healthcare provider could help determine if your case falls into this category.
In workers’ compensation claims, injured workers will only be able to receive compensation for their economic damages, such as their medical bills and lost wages. They will not be able to receive any compensation for pain and suffering.
Damage caps exist for two reasons. First, tort reformers have long pushed to reduce the amount of money injured victims can receive after accidents. Their goal is to prevent people who are faking or exaggerating injuries from getting compensation, but by doing so, they are hurting countless people with legitimate injuries from getting the compensation they desperately need.
Secondly, damage caps are passed in an effort to try to reduce operating costs of businesses so they can pass the savings on to consumers. For example, the thinking is if medical providers don’t have to pay as much in malpractice lawsuits, they can afford to lower their prices for treatment. Unfortunately, this often doesn’t work.
When you are injured through no fault of your own, you shouldn’t be left in debt. Our goal is always to get our clients the compensation they need to get their lives back to the way they were before their accidents. That doesn’t mean just most of their bills covered, or all their medical bills but none of their lost wages. Instead, it means fighting to get injured victims everything they lost recovered, so they can move forward with their lives.
Contact our Louisiana personal injury lawyers today for a free case review and learn what we can do for you and your family.
by Dudley DeBosier | September 7th, 2020
When you receive a settlement after a civil lawsuit, whether for a personal injury, medical malpractice suit, workers’ compensation claim, or wrongful death, you may have more than one option for how to receive your money: as a lump sum or a structured settlement.
Lump sum disbursements are the most common, but structured settlements are typical for catastrophic injuries or accidents involving minors.
So, what do these options mean, and is one preferable to the other?
As the name suggests, a lump sum settlement is a large, one-time payment. Many accident victims prefer lump sum payments because it allows them to put their accidents behind them and be finished dealing with the insurance company once and for all.
Lump sum settlements also offer the most freedom. After all liens for medical expenses are deducted, the remainder of the settlement (pain and suffering, lost wages, and punitive damages, if any) can be used however the accident victim wishes, at any time they wish, and at their full discretion.
One downside is that many accident victims may experience friends, family, and acquaintances pressuring them to share their settlement.
In addition, victims may have trouble managing the windfall of money themselves. For very large settlements, they may need to hire a financial advisor to determine how best to invest the money.
When accident victims experience severe or permanent injuries that require lifelong treatment or that prevent them from working again, they may opt for a structured settlement.
In this type of settlement, victims receive a series of smaller payments through an annuity purchased by the insurance company, rather than one large payment. For example, instead of a one-time check for $500,000 dollars, they may receive a $50,000 check every year for 10 years.
Structured settlements are incredibly flexible. You could opt to receive your payments for a set period of years, or for the rest of your life. You can also choose how often you receive them, whether that’s every month or once a year.
You can even decide how much you want to receive in each payment (within the bounds of your settlement). For example, you could choose to receive one very large payment right at the start, and then divide up the remainder of your settlement into a series of smaller, regular payments, or you could decide to start with small payments that gradually increase in size as you grow closer to retirement age. Some accident victims even choose to defer their settlement payments so they only start once they reach retirement age.
However, it is best to discuss your structured settlement plan with your lawyer or a financial advisor before committing to it, since you won’t be able to change it later or receive a payment early, even if you need it.
Structured payments can also accrue interest; however, unlike the rest of your personal injury settlement, the interest will be taxable.
However you choose to receive your settlement, our biggest priority at Dudley DeBosier is making sure you receive the full amount you are entitled to after an accident that severely disrupts your life.
Our experienced Louisiana personal injury attorneys know what it takes to fight back against insurance companies that try to reduce or deny settlements, and we have the knowledge and tools to calculate exactly how much you may be owed after an injury caused by someone else’s negligence. Even more, we never charge unless we win, so contact us today for a free case review.
by Dudley DeBosier | August 24th, 2020
When it comes to experiencing heat and humidity, there are few places that compare to Louisiana in the summertime. Everyone who lives here knows how hot it can get, and that is compounded immensely when sitting in a car without the air on, regardless of whether you park in the sun or the shade.
A quick glance at the weekly forecast and daytime highs means it’s time to bring up an important reminder every parent, and pet parent, needs to hear–children and pets left in cars are at a high risk of heat stroke and death. This preventable tragedy doesn’t only happen in summer: even when temperatures outside are at just 60 degrees Fahrenheit, the temperature inside a closed car can reach as high as 105 degrees in only an hour, which is hot enough to kill a child.
Between 2018 and 2019, 105 children died from being left in hot cars, and at least 82 dogs and cats perished due to overheating inside vehicles (many animal deaths go unrecorded, so the actual numbers are likely much higher). Louisiana has the second-highest rate of vehicular heatstroke deaths per capita at 31.66 for every 1 million residents age 14 and younger, falling behind only Mississippi (32.46), and above Arizona (29.32), according to statistics provided by noheatstroke.org.
When your child is sleeping or your pet is rowdy and your errand is short, it can be very tempting to leave them behind for a few minutes in the car.
However, even a short amount of time can have deadly consequences.
When a vehicle heats up, two-thirds of the most rapid heating occur within the first 20 minutes. That means temperatures can increase by as much as 20 degrees in as little as 10 minutes, and as much as 40 degrees in an hour. Furthermore, a child’s body temperature heats up three to five times faster than an adult’s, putting them in even more danger.
In 2019, The Zebra conducted a national survey, and found that 25.4% of people in the Southern U.S. believe that cracking a window mitigates the threat of heatstroke completely. Unfortunately, the truth is that leaving the window open can make as little difference as only two degrees, which is not enough to prevent heatstroke and death.
It’s more common than you think to forget your child is in the car with you, especially if they are very young, quiet, or asleep. One good way to ensure you never forget is to place an item you can’t leave the car without, such as a purse or your shoes, in the backseat with the child to make sure you always check the backseat before getting out.
More than a quarter of all child hot car deaths (26.3%) between 1998 and 2018 occurred when the child climbed into the car on their own and got trapped inside.
Make sure your vehicle is always locked when not in use, and the keys are out of reach of children to prevent these and other similar types of accidents.
If you encounter the signs of heat stroke in a person or animal after being in a hot car, get medical attention immediately. While waiting for help, move the affected person or animal to a shaded area and give them small sips of cool water.
As painful as it is to contemplate, at least 8% of all child vehicular heatstroke deaths happen in the hands of childcare workers. If you believe you have a wrongful death claim against a babysitter, day care center, or other caretaker, contact the team at Dudley DeBosier Injury Lawyers.
Our team is compassionate to the needs to families affected by injuries and wrongful death, and we’ll never charge you for an initial consultation.
by Dudley DeBosier | July 6th, 2020
Have you ever heard the rumor about a burglar getting injured while breaking into someone’s home or business, and then suing for their injuries? How likely is this situation? Could it ever happen? Would they ever win?
The short answer is, no. They could try, but they wouldn’t get far.
In most circumstances, property owners are required to protect visitors on their properties, whether those are guests at their homes or customers at their businesses. This means actively identifying any potential hazards and either removing the hazards or sufficiently warning visitors about them if they can’t be removed.
This legal duty to protect visitors from hazards doesn’t apply to trespassers. However, you may still have a responsibility to warn potential trespassers of hazards if you know there is a high probability your home or business will be broken into. Think of a “Beware of Dog” sign as an example of this.
There are two big exceptions to this rule where you may still be held liable for a trespasser’s injuries.
Trespassers can’t sue you for injuries they incur from accidents, such as slipping and falling on your property. However, if you injure the trespasser intentionally, such as by setting out booby traps like in Home Alone, then you won’t be protected by the law.
For example, have you ever seen a sign saying, “Private Property: Trespassers Will Be Shot”? Posting this sign is not a legal defense for shooting someone. Even Louisiana’s Stand Your Ground laws say you have to believe your life is in danger before acting in a violent manner. Someone simply entering your property isn’t enough.
Most states, including Louisiana, have something called Attractive Nuisance laws. These laws say that children are not capable of recognizing danger and can be expected to trespass to get to something that is attractive to them, such as swimming pools and trampolines.
Other examples of property that may qualify as Attractive Nuisances are playgrounds, treehouses, dangerous animals, and construction sites. If it looks like it could be a fun place to play, consider it an attractive nuisance.
This means that property owners have a legal duty to take extra precautions to keep children out and safe from the danger. Installing a fence with a locked gate that can’t be easily opened or climbed by children is a good example of how to protect yourself from liability in this type of trespassing case.
To successfully file a lawsuit after being hurt on someone else’s property, an injured person will need to prove the following:
Many injury victims hesitate to get legal representation because they are afraid they can’t afford it, especially when they may already be going into debt over their injury-related expenses. At Dudley DeBosier Injury Lawyers, we never charge for initial consultations, and even after hiring our team, you pay us nothing unless we win.
Contact us today to talk about your case.
by Dudley DeBosier | June 1st, 2020
Here at Dudley DeBosier Injury Lawyers, we’ve helped many Louisianans who have been injured through no fault of their own due to the carelessness of others. This is true whether the at-fault parties were distracted drivers, negligent property managers, or the manufacturers of harmful consumer products.
We call ourselves personal injury lawyers, but another word you may have heard tossed around in relation to your injury claim is “tort.” So, what is a tort, and how is it different than a personal injury claim?
A tort is any wrong committed against someone that causes injury or harm, and that can be tried in a civil court. That sounds a lot like a personal injury, but the definition of a tort is a bit wider.
All personal injury lawsuits are torts, but not all torts are personal injury lawsuits. There are three main types of torts.
When we talk about torts here, we typically mean mass torts surrounding defective products or drugs that have caused significant harm to users. For example, claims against the manufacturers of feminine hygiene products containing talcum powder that may increase a user’s risk of ovarian cancer are considered mass torts.
Unlike a car accident where you were the only victim, or a multi-car pileup where many people contributed fault, a mass tort is a single action that harms many people.
When you are part of a mass tort, you are still treated as an individual. This means the court will hear about how you, specifically, were injured by the product or drug. In a class action, just one person from the whole group stands in as everyone’s representative.
When a large group of people have been harmed by the same defective product or drug, coming together in a mass tort can help improve their chances of getting the compensation they deserve.
One member of a mass tort can use any of the evidence gathered as part of the mass tort in their own trial, but the success of their case isn’t tied to someone else. That means the opportunity for compensation is greater than in a class action, where you could potentially receive only a small amount of money or no money at the conclusion, and never go in front of a judge yourself.
Most of the cases we try are negligent torts, and we’ve perfected the process of both compiling evidence that proves you were not at fault for your own injuries and calculating the full damages you are owed for the defendant’s negligence.
There are four key things we’ll prove throughout your case.
Suffering an injury that wasn’t your fault, and knowing you have no way to pay your bills until you can get back to work, is a horrible feeling. Believing you have no way to hold the people who caused your accident responsible and have no choice but to go into debt is worse. But we want you to know that isn’t the cause.
When someone injures you, even unintentionally, you can file a negligent tort claim, otherwise known as a personal injury lawsuit, to get the compensation you need from their insurance.
And at Dudley DeBosier Injury Lawyers, our No Fee Guarantee® means you pay us nothing, unless we win. Even your initial consultation is free.
Don’t put off getting the help you need; contact us today to discuss your claim.
by Dudley DeBosier | May 11th, 2020
When injured victims come to us for help after accidents, they have usually two questions on their minds: how much money are they owed, and how soon can they get it? We get it; medical bills wait for no man, and they’re often more than anyone can reasonably afford.
The answers to both of those questions depend on many
factors, including the severity of the injuries, the impact the injuries have
on the victim’s ability to work, and the insurance companies’ level of
cooperation or pushback against our demands.
When we build claims for our clients, our primary goal is
ensuring that they get fair compensation for what they’ve been through. That
means collecting plenty of evidence, calculating how much money they’re owed
based on their current and estimated future accident-related expenses, and
telling the insurance company to pay up. The last part involves writing and
sending a demand letter, which is a document that outlines exactly how much
money our client deserves for everything they’ve experienced.
Once a demand letter is in the insurance company’s hands,
the ball is in their court to either pay up or face trial. This can be a
frustrating time for clients, especially when they’ve waited for weeks or
months to get the money they’re owed. Every claim is different, and every
insurance company’s response to demand letters is different, but estimating how
long it will take to get a settlement after this important step depends on a
First, it’s important to explain what’s in a demand letter.
Although insurance companies are reluctant to pay settlements to injured
victims, they’re even more reluctant to go to trial. Demand letters written by
attorneys on behalf of their clients get insurance companies a chance to review
the facts and evidence that has been compiled and avoid a trial by cutting a
check right then and there. At Dudley DeBosier, it’s our goal to ensure all
demand letters are as convincing as possible by including information such as:
Included in each demand letter will be a monetary amount
that is determined by our lawyers and client. In some cases, insurance
companies will immediately agree to pay this amount. But in most cases, they
will negotiate the settlement until a fair amount is agreed upon by all
parties, including our clients, our attorneys, and the insurance company.
There are four primary factors that can affect how long it
will take for you to get your check after we send our demand letter to the
insurance company, and they include:
It’s important to note that getting paid immediately isn’t
always in your best interests. For example, insurance companies are known for
offering “lowball” settlements immediately after accidents to make it
impossible for victims to pursue additional compensation in the weeks or months
They may do the same even after receiving demand letters by
negotiating significantly reduced settlements. Some law firms will accept these
offers to minimize their workloads, but we fight to ensure our victims get paid
fairly. This is because once you accept a settlement, you likely will not be
able to get any more money, even if it becomes clear later that the amount you
received wasn’t enough for all your accident-related bills.
The Louisiana personal injury lawyers at Dudley DeBosier know that time is of the essence when it comes to personal injury claims. Mounting expenses and no income are a bad combination, but it’s even worse to accept a settlement that barely covers the expenses you’re facing today—let alone the ones that will continue building months or years down the road.
When you contact us, we’ll do everything in our power to ensure that you get your life back to normal—and that means getting you paid in full and on time. We don’t let insurance companies get away with delaying payments indefinitely or paying our clients less than what they deserve. Call (866) 338-4649 today and see how we’ll take care of you and your loved ones. That’s the Dudley DeBosier Difference.
by Dudley DeBosier | May 4th, 2020
The purpose of any personal injury lawsuit is to compensate a victim after an accident that was someone else’s fault. The goal, meanwhile, is to get enough compensation to help the victim get as close as possible back to what their life was like before it was disrupted by the accident.
Part of that is making sure the victim doesn’t have to pay accident-related bills out of their own pocket. It is easy to prove how much a victim is owed for medical expenses and lost wages just by looking at the total of their medical bills and missed paychecks. But bills are far from the only consequence of an injury-causing accident, and other consequences may have a far greater impact on your life.
How do you calculate the value of physical pain? What about
the stress and emotional harm an accident causes? No amount of money can ever take
away that pain. But we can get close to assigning a monetary value by examining
what effect your injury has had on your life.
Accidents have many consequences, both short-term and
long-term. It is important to be as open and honest with your lawyer as you can
about all the ways that your injury has disrupted your life. This will help us accurately
judge how much compensation you are owed. Keeping a daily journal after your
accident can also help you document these post-accident changes.
The stress of a severe accident can also harm
the emotional health of your relationships with friends, family, neighbors, and
Head injuries can also cause loss of memory
and attention, mental acuity, and even any of the five senses.
If you’ve suffered a permanent injury, you
will likely be owed far more money if you are in your 20s than you would if you
are in your 60s, since your compensation will be based on how many years you
will live with your injury.
This means we can’t judge the amount of
compensation you may be owed solely on the injury, but rather on how the injury
affected you specifically.
At Dudley DeBosier, we believe everyone deserves a chance for fair compensation when they’ve been injured through no fault of their own. That’s why we offer free, no-obligation consultations, and if you decide to hire us, you don’t owe us anything unless we win you money.
We know that no injury is just an injury. It’s a severe disruption to your life that can persist for weeks or years down the road. We want to help you get back to where you were before, and where you should have been all along. Call today, and we’ll fight to get you the full compensation you deserve.
by cbeesing | April 13th, 2020
When one thinks of wheelchairs, one may think of a medical device that is designed to provide independence, mobility, and freedom to some of the most vulnerable members of society. Wheelchairs assist people with disabilities to become productive members of their communities. About 10% of the global population, i.e. about 650 million people, have disabilities. Studies indicate that, of these, some 10% require a wheelchair.
(Publish Date: 2013/04/22 – (Rev. 2018/09/28), Author: The University of California – Disability Statistics Center)
Just over 6.8 million community-resident Americans use assistive devices to help them with mobility. This group comprises 1.7 million wheelchair or scooter riders and 6.1 million users of other mobility devices, such as canes, crutches, and walkers.
(Publish Date: 2013/04/22 – (Rev. 2018/09/28), Author: The University of California – Disability Statistics Center) https://www.disabled-world.com/disability/statistics/mobility-stats.php
When considering the numbers, it doesn’t cross your mind that according the Department of Medicine, Dalhousie University, Halifax, Nova Scotia, Canada 3.3 of every 1000 persons in the United States who use a wheelchair, an estimated 3.3% per year have a serious wheelchair-related incident.
(Am J Phys Med Rehabil. 1990 Aug;69(4):184-90.) https://www.ncbi.nlm.nih.gov/pubmed/2383378
wheelchair related injuries are not unheard-of, they can be easily prevented.
However, sadly with so many companies flooding products on the market, there
are bound to be wheelchair related injuries due to a defect with the chair
in Baton Rouge Louisiana, a woman who was dependent upon her motorized
reclining wheelchair experienced an event that would forever change her life.
While attempting to recline her chair to its rest position, the brackets on the
base of the chair sheered away from the seat resulting in the chair breaking in
half and violently depositing its occupant on the ground. She struggled for
over an hour to call for help before assistance ever came. It has since been
discovered that a major manufactures defect existed within the chair before she
was ever put into possession of the product.
the company who manufactured the chair takes the position that it was a onetime
occurrence, the truth is one wheelchair accident is simply one too many. People of all ages, sizes, and genders are
injured in wheelchair mishaps each year, which is why it is important to target
the reasons why these events happen and put a stop to the numbers!
Manufacturers have a duty to ensure
their products are safe. While products liability law differs
slightly from state to state, the four main types of product liability claims
are based on:
(1) The product is unreasonably dangerous in construction or
composition as provided in L.A. R.S. 9:2800.55;
(2) The product is unreasonably dangerous in design as
provided in L.A. R.S. 9:2800.56;
(3) The product is unreasonably dangerous because an
adequate warning about the product has not been provided as provided in
L.A.R.S. 9:2800.57; or
(4) The product is unreasonably dangerous because it does
not conform to an express warranty of the manufacturer about the product as
provided in L.A.R.S. 9:2800.58.
Many wheelchairs are made electrically and
motorized these days, which means injuries could happen on a whole new level
due to technological defects that we see day-to-day. A
wheelchair could be improperly designed, poorly manufactured, or lack the
proper warnings and instructions, leading to dangerous or deadly events; in
which case, the manufacturer could be liable for any injuries or damages.
If you or someone you care about has been injured in a wheelchair related incident, we would like to help. Please reach out to Dudley DeBosier Injury Attorneys and let us show you, the Dudley DeBosier Difference.
by Dudley DeBosier | April 6th, 2020
Tax season is upon us once again, bringing up a question
that worries many of our clients, whether they successfully won a settlement
this year, are in the middle of a lawsuit for compensation, or need
compensation after a recent injury:
“Will I need to pay taxes on my settlement?”
Thankfully, for many of you, the answer is “no.”
Just about everything from inheritance to lottery winnings
is taxable as income, including money won in a lawsuit. However, the U.S. tax
code (Section 104) specifically makes an exception for personal injury
lawsuits. This includes workers’ compensation settlements as well.
Examples of lawsuits that are NOT tax-free include:
Essentially, any lawsuit that doesn’t result from or include
physical harm will be taxed. However, accident victims can still sue for
compensation for their lost wages and emotional distress (which are typically
taxed) without paying taxes on the settlement as long as these damages are the result
of a physical injury or illness. It’s important to note the opposite is not
true: physical injuries resulting from emotional distress (such as migraines,
ulcers, and so on) are considered taxable.
This tax-free status is true for settlements reached through
negotiation with the insurance company without going to court, and settlements
ordered by a judge or jury.
Personal injury settlements do not qualify as income, so
they will not affect your Louisiana state tax filing either.
As in any circumstance, there are a few cases in which you
may need to pay taxes on a settlement.
If there is any question over whether a portion of your
settlement (such as interest or punitive damages) is taxable, contact your
attorney at Dudley DeBosier Injury Lawyers. During the settlement process, your
lawyer will specify exactly what portions of what your settlement may be taxed
when discussing possible damages with you, the at-fault party, their insurance
company, and their attorneys, so you aren’t surprised by a 1090 tax form in the
mail after your case ends.
Injuries are stressful, and lawsuits are even more so. At Dudley DeBosier Injury Lawyers, we want to help reduce your stress so you can focus on getting healthy and putting your life back to how it was before the accident. That includes working hard to ensure the money you win stays in your pocket—not the IRS’s. When you contact the team at Dudley DeBosier, you’ll get peace of mind knowing we’ll take care of all those details, so you can get the money you deserve, no strings attached. That’s the Dudley DeBosier Difference.
by Dudley DeBosier | March 2nd, 2020
Few injuries have the potential to be as devastating as a
traumatic brain injury (TBI). Research continues to teach us more and more
about how even minor TBIs, also referred to as concussions, can impact sufferers
for the rest of their lives.
Brain injuries disrupt our lives in significant ways. They
can cause personality changes, severe memory loss, and physical disability. The
more we learn about brain injuries and why they happen, the better equipped we’ll
be to deal with or avoid them in the future.
March is Brain Injury Awareness Month, and it’s the perfect
time to start the conversation about TBIs. We’ve put together a guide to help
people understand the basics of brain injuries. In this guide, you’ll learn:
This guide is a quick but important read. Recognizing a
traumatic brain injury is essential to preventing serious long-term
consequences, so if you notice signs of a TBI in yourself or a loved one, seek
medical attention right away.
Click below to view this informative guide.
As you’ll learn in our guide, people who suffer TBIs can
experience life-changing consequences. It’s common for severe brain injuries to
cause personality changes, physical impairment, and memory loss.
TBIs also increase the risk of brain and central nervous
system disorders, including epilepsy, Alzheimer’s disease, and Parkinson’s
disease. TBIs also commonly result in overwhelming medical bills. The lifetime
costs of a serious brain injury can result in millions of dollars in direct and
Dudley DeBosier represents clients with serious injuries,
and we also do everything we can to get our clients the best care possible.
We’ve witnessed how hard life can be in the wake of a serious brain injury,
which is why we connect our clients with professionals that make their lives
We believe the best way to deal with brain injuries is to
avoid them entirely, but that’s simply not an option for people that have
suffered an injury because of someone else’s careless actions. When that’s the
case, it’s time to call an attorney who knows how to get results so you can get
your life back to as close to normal as possible.
If you’ve considered reaching out to an experienced Baton
Rouge brain injury attorney to explore your legal options, give Dudley DeBosier
a call. We’ll review your
case for free, and you can decide what happens next.
by Dudley DeBosier | February 10th, 2020
When you or a loved one are injured in a car crash, you’ll do anything for a quick and full recovery. For many victims, that means calling an ambulance, opting for any recommended surgeries, and long periods of physical rehabilitation. Unfortunately, those aspects of the recovery process aren’t cheap—and paying for them is often made even more difficult when injuries prevent you from working and earning paychecks.
Even if the crash has left you permanently disabled, your medical bills will keep coming, regardless of whether you can pay for them out of pocket or not. Calling an experienced Baton Rouge auto accident lawyer soon after the accident can get you started on the path to compensation, but claims take time to build, process, and settle. In the meantime, your bills may be going past their due dates and turning into second, third, or final notices before being sent to collection agencies.
The time period between your crash and the day you get your check can be difficult, but being unable to pay bills in full or even make the first payment on your own doesn’t mean you’re out of luck. There are other resources you can utilize to keep your head above water while you wait for your settlement, and our lawyers can help you review all your options.
Knowing you’re on the hook for thousands or tens of
thousands of dollars of medical bills after a crash can be hard to deal with,
especially if you aren’t able to work. Your attorneys are working hard on your
claim, but you don’t know when you’ll get a check. In the meantime, these
resources are available to help you stay on top of your bills:
At Dudley DeBosier, our legal team is here to make sure you’re taken care of after an accident that wasn’t your fault. And while our primary focus is on building a claim that will get you paid, we’re also here to address your concerns and answer your questions about your compensation through every step of the process. That’s the Dudley DeBosier Difference.
Having many options to manage your medical expenses after a
crash that wasn’t your fault is important. But for true peace of mind, you need
money to pay off your bills, replace your lost income, and compensate you for
everything you’ve gone through. And at Dudley DeBosier, that’s exactly what
we’ll set out to get for you.
The sooner you contact us, the better. That means more evidence may be available for us as we build your claim, and you’ll wait less time for your claim to settle and to get your check. To us, seeing innocent victims pay out of pocket for crashes that aren’t their fault is simply unacceptable. That’s why we do everything in our power to help our clients get every penny they deserve. Contact us today for a free consultation.
by Dudley DeBosier | February 3rd, 2020
Ideally, all nursing homes would provide exceptional care. In reality, the level of care offered by nursing homes can vary greatly from one facility to another. If you’re searching for a facility, then you might be wondering which qualities you should look for.
We’ve compiled a guide for choosing a nursing home to help you in your search. You’ll learn which factors are most desirable and which ones could signal that a nursing home puts profit above resident happiness and health. You’ll also learn why scheduling a visit is so important when vetting nursing homes.
Click below to view your free guide…
The right facility will offer exceptional care and do everything your loved one requires to live happily and healthily. It’s great to set your standards high. When you do need to make compromises, make sure you don’t make concessions that put your loved one at risk of receiving inadequate care.
For example, you might compromise how far a nursing home is
from your current location. You want to avoid compromising on essential
services that your loved one needs, such as rehabilitation.
When you notice a few warning signs of bad care, you should
not ignore them. Unclean facilities, poor hygiene of residents, and an
overworked staff are all indicators that a nursing home won’t be able to
provide your loved one with the attention they deserve.
Take a nursing home’s reputation seriously. If you
repeatedly hear people talk about how a facility offers poor care, factor that
strongly into your considerations. You should also trust your gut. If your
instincts tell you that something is wrong, then weigh that heavily in your
At Dudley DeBosier, we’ve worked with many clients who regretted waiting so long to reach out to an attorney. If you notice that your loved one has been harmed by neglect or abuse, then you should act immediately and call our team. The longer your loved one stays in a dangerous facility, the more likely it is they will suffer even greater harm.
Maybe you’re unsure whether it’s the right time to take legal action. In that case, simply contact our attorneys, so we can assess your case at no cost. If you don’t want to move forward with a claim, then you are under no pressure to do so. It never hurts to talk to an attorney. We know this type of case intimately, so we can help you determine whether your case warrants legal action.
Hopefully, you’ve found our guide for choosing a nursing home helpful. If you or a loved one has had the misfortune of suffering abuse or neglect in a nursing home, schedule a free consultation with Dudley DeBosier today.
by Dudley DeBosier | December 9th, 2019
Whether your family goes for a lighter touch when it comes to Christmas decorations, or you prefer to turn your home into a true Winter Wonderland, safety should always be your biggest priority when dealing with Christmas trees, ornaments, and lights. At Dudley DeBosier, our Louisiana personal injury lawyers know that injuries can occur anytime, anywhere, and Christmas decorations—and the act of putting them up—are a common source of serious accidents and mishaps.
From falls off unstable ladders, to tripping over errant
power cords, and to fires started by faulty Christmas lights, the holiday
season isn’t always full of cheer, especially when the right precautions aren’t
followed. The holidays should be a time of giving and thankfulness—not hospital
visits and big medical bills. Thankfully, protecting yourself, your loved ones,
and your home this holiday season is as simple as following a few “Dos” and
Don’ts” when buying and putting up your decorations.
When decorating the inside and outside of your home this
holiday season, DO:
In addition to following those tips, make sure you:
The holidays are supposed to be a joyous and relaxing time. But for many Louisianans, they’re a painful and uncertain time when they suffer severe injuries caused by accidents. At Dudley DeBosier, our Louisiana injury lawyers help people who were injured through no fault of their own, whether it’s Christmas, the Fourth of July, or any day in-between.
If you or someone you love was hurt through another person or party’s negligence, you may be eligible to receive compensation for your accident-related expenses, and it’s our goal to help you get the money you deserve. Contact us today for a free consultation. We’ll be available to answer your questions every step of the way—that’s the Dudley DeBosier Difference.
by Dudley DeBosier | November 25th, 2019
Deep frying the turkey has long been a favorite method of
cooking Thanksgiving dinner in the South, and recent years have seen this
cooking method explode in popularity across the rest of the U.S. – sometimes
literally. As deliciously juicy and crispy as fried turkey can be, it has also
spawned a large number of fiery cooking accidents. You may have even seen some
of these “deep fried turkey fails” on YouTube.
Deep frying a turkey can be incredibly dangerous when the
proper safety measures aren’t followed. According to the U.S. Fire
Administration (USFA), up to twice as many cooking fires occur on Thanksgiving
as on any other day of the year. The most recent data shows an average of 2,400
fires on Thanksgiving annually, with 25 injuries, 5 deaths, and $19 million in
If you are interested in testing out this cooking method for the first time this year, follow our recommendations to help avoid fire and burn injuries to yourself and your guests as you set up the fryer. Accidents happen, and we want to help save you the grief and trouble if we can! Click the image below to access our guide.
While some accidents are unavoidable, others happen because
people, even friends or family members, may cut corners when it comes to safety
measures. When this happens, we want to help injury victims get the
compensation they need for their medical expenses.
In most cases, the at-fault party’s insurance, not the
at-fault party themselves, is responsible for paying out after an accident
claim. This means no one should disregard hiring a lawyer as an option for
getting compensation after an injury caused by a loved one. Seeking help for
paying your medical bills does not have to financially harm your loved ones.
At Dudley DeBosier Injury Lawyers, we’ve helped many Louisianans get the money they need to pay their medical bills and recover lost wages after injuries that weren’t their fault. And with our No Fee Guarantee®, you pay us nothing unless you win. Contact our firm today for a free consultation.
by Dudley DeBosier | November 11th, 2019
If your loved one lives in a nursing home, you may worry
about their health and well-being. It can be difficult to trust doctors with
the lives of family members for treatments and procedures—let alone trust strangers
to care for a loved one 24/7. While most nursing homes provide residents with
excellent care and attention, some knowingly or unknowingly put residents’
health and even their lives in danger because they focus on profits over
Nursing homes are supposed to be safe places for elderly
residents and residents with serious health problems that need frequent
treatment and constant monitoring. But because nursing homes are a big business
that make a lot of profit off their residents, some operate with a desire to
make more money by keeping expenses down rather than making sure they provide
adequate care. That means they may hire underqualified employees, or they may
fail to hire enough staff members to give all residents the care they need.
When nursing homes aren’t adequately staffed, residents may
be abused and neglected. And when that happens, those nursing homes should be
held accountable. At Dudley DeBosier, our Louisiana nursing home abuse
attorneys have helped many families get compensation after their loved ones’
rights were violated in nursing homes, and we know what it takes to build
strong claims that get results.
Nursing home residents are vulnerable to mistreatment,
especially elderly residents and residents with serious health problems that
affect their cognitive abilities or their mobility. However, all nursing home
residents are at risk of different types of abuse including:
Neglect can take on a different form than abuse. However, it
can be just as devastating and harmful to residents. Types of neglect include:
If you suspect that your loved one is being mistreated at
their nursing home, it’s important to be on the lookout for signs or symptoms
that can be used as evidence in an abuse claim. However, not all cases of abuse
and neglect are obvious. Playing an active role in your loved one’s care can
help you quickly spot when something isn’t right—and allow you to get them help
as early as possible.
Accusing a nursing home of abusing or neglecting your loved
one is a difficult process—and it can be even more complicated if you try to
get compensation. Having a law firm with the resources and experience to take
on big nursing homes is often essential for maximizing your chances of getting
the money and justice your family deserves after your trust was violated.
At Dudley DeBosier, we know the steps to take to help
affected families and their loved ones when they experience nursing home abuse,
and that includes compiling evidence that leaves no doubt about what happened
or is continuing to happen in the facility. You’re going through enough
already—the last thing you need to deal with is the nursing home trying to
refute your claims when there’s plenty of evidence that shows what happened.
Contact our firm today and let us start building your claim. We’ll be here to answer your questions and address your concerns every step of the way. That’s the Dudley DeBosier Difference.
by Dudley DeBosier | November 4th, 2019
The days are getting shorter, leaves are starting to fall,
and the race for the playoffs is fully underway. Yes, football season is in
full swing, and with it comes tailgates with friends, family, and fellow fans.
Tailgating is a great way to spend time with those you love and meet new
people, but it’s not without its share of dangers.
At Dudley DeBosier, we love everything about tailgating—in fact, we even host our own! But we also know that tailgating should be done properly and safely to prevent guests and bystanders from suffering serious injuries.
As Louisiana personal injury lawyers, we know what can go wrong at tailgates, and that’s why we’re dedicated to being as safe as possible whenever we watch the Saints or the Fighting Tigers play. To stay safe at your own tailgate this football season, check out the tips below in our Tailgate Safety infographic:
Accidents and injuries can happen to anyone, anywhere, and at any time. Tailgates are no exception, and in fact, they can be dangerous places when proper safety precautions aren’t taken by everyone. Unfortunately, not all tailgaters are concerned about their own safety or the safety of others, while others may be unaware of how to tailgate safely.
If you or someone you love was hurt at a tailgate because of
someone else’s negligence, you may be eligible to receive compensation for your
medical bills, lost wages, and pain and suffering. It’s important to call a
lawyer right away after a tailgate injury, as collecting evidence and proving
who was at fault are critical aspects of successful personal injury claims.
Our passion for Louisiana football is exceeded only by our
passion for helping injured Louisianans. Tailgate injuries can be serious, and
they can result in significant medical expenses and long periods out of work
without the paychecks that you and your family depend on.
It’s important to have an experienced law firm on your side that knows what you’re going through and has the resources and dedication to help you. At Dudley DeBosier, our Baton Rouge personal injury lawyers can collect evidence that proves the other party’s negligence caused your injuries, and fight to get you maximum compensation.
Contact us today for a free consultation. From the moment you call us, we’ll be there to answer your We’ll be here to answer your questions and address your concerns. That’s the Dudley DeBosier Difference.
by Dudley DeBosier | October 28th, 2019
October is the month when witches and ghouls come out to
play, but for all who love a scary good time, an injury is exactly the wrong
kind of scare when you want to have fun. Unfortunately, people are injured at
Halloween attractions and while out trick-or-treating every year. So how you
can prevent it, and what can you do if it happens to you?
Whenever someone enters a haunted house, they take on
“assumed risk.” Assumption of risk is a legal term meaning a plaintiff can’t
sue for damages if they willingly exposed themselves to a danger they knew
about. In the case of haunted houses, where people go to be scared, this means
you can’t sue for “fear-based injuries” such as panic attacks or heart attacks.
Likewise, you may have difficulty getting compensation if you trip and fall
while running away from a haunted house actor because they scared you.
However, this doesn’t mean you can’t get compensation at all
if you are injured in a haunted house. If your injuries were caused by a hazard
that the average person would not reasonably expect to find in a haunted house,
the haunted house operator may still be found negligent and liable for your
injuries, even if you signed a waiver before entering.
Haunted houses aren’t open year-round, which means they are
often hastily constructed, and though they are legally required to meet
building safety codes, ADA compliance laws, and fire code regulations, many do
not. Visitors to haunted houses can be injured by weak walls and uneven floors,
exposed nails or extension cords, missing or broken guardrails, poor lighting,
and lack of clearly marked exits. Because many haunted houses also use
artificial fog, visitors may be at risk of carbon monoxide poisoning if the
venue does not have sufficient ventilation.
Other risks may include:
When haunted house operators expose visitors to risks
outside of what they agreed to when they entered, or fail to warn visitors
about all potential risks, they may be liable for any injuries that may occur.
Most Halloween attractions carry liability insurance to
cover the medical costs of any guests who are injured on the property. However,
insurance companies will often fight injury claims by arguing the injury falls
under the assumed risk. To protect your rights to compensation, follow these
Premises liability doesn’t only apply for business owners like haunted house operators. Homeowners can also be sued if someone slips and falls on their property. Protect yourself from an injury lawsuit this year by making your home safe for trick-or-treaters with these tips.
Whether you plan to go trick-or-treating or are buying
tickets for a haunted house this October 31st, make sure to always
follow these safety tips to keep you and your loved ones safe and free of
From all of us at Dudley DeBosier Injury Lawyers, we wish you a safe and happy Halloween! If you or a loved one suffered injuries while visiting a Halloween attraction, don’t hesitate to call our team.
by Dudley DeBosier | October 21st, 2019
Auto accidents affect victims in many ways. In addition to
causing serious injuries, they can also lead to psychological issues that are
difficult to treat or even diagnose. The physical and mental complications
associated with the aftermath of auto accidents can often be attributed to
shock. Physical shock can manifest itself through various symptoms, and it can
be life-threatening. Psychological shock can be apparent immediately after a
crash, or it may take time to show up, but in either case it can severely interfere
with victims’ lives.
If you or someone you love was injured in an auto accident,
it’s important to have an experienced legal team on your side that knows what
you’re going through, including the effects that both types of shock can have
on your life. Insurance companies don’t always fully understand the impact that
crashes can have on victims, and that is often reflected in the settlements
At Dudley DeBosier, our Louisiana
auto accident attorneys have helped many victims who experienced
shock-related symptoms after crashes that weren’t their fault, and we want to
put our track record of success to work for you, too. We treat our clients like
family—not like numbers—and we do everything in our power to help them get the
money they deserve. That’s the Dudley DeBosier Difference.
When you call us, we’ll investigate your crash, prove it
wasn’t your fault, calculate how much money you’re owed for your
accident-related expenses––including psychological trauma, and negotiate to
get you maximum compensation. Contact
us today for a free consultation.
The most common type of post-accident shock is hypovolemic
shock. It occurs when victims experience significant drops in blood pressure.
It’s often associated with severe or rapid blood loss caused by cuts, wounds,
and internal organ or arterial damage. It also can occur after incurring severe
When people experience hypovolemic shock due to low blood
volume or low blood pressure, their hearts struggle to pump sufficient blood
throughout their bodies. That can result in organs failing to operate properly.
If shock is severe enough, victims can even experience life-threatening
Commons symptoms of hypovolemic shock include:
Hypovolemic shock is a medical emergency that needs
immediate treatment. First responders frequently check auto accident victims
for hypovolemic shock, especially if they have open wounds. However, internal
injuries can also result in hypovolemic shock due to internal bleeding.
Unfortunately, victims aren’t always aware of internal injuries until symptoms
Other types of auto accident-related shock include
neurogenic shock, which can be caused by spinal cord injuries; cardiogenic
shock, which can be caused by damage to the heart, such as a heart attack
induced by a car accident; and obstructive shock, which can be caused by blood
If you believe you’re experiencing symptoms of physical
shock, it’s important to get medical treatment right away. Physical shock may
take time to manifest, but by the time it does, you may be at risk of severe
In addition, you should also contact an experienced auto accident law firm. In addition to the pain and disability caused by your injuries, physical shock can lead to long-lasting physical complications that can result in expensive medical bills and time away from work. Our Louisiana car accident lawyers can evaluate your accident, determine how it affected you, and work hard to help you get the money you deserve for past and future medical expenses related to your accident.
Many people associated post-traumatic stress disorder (PTSD)
with combat veterans. However, it’s a common condition that can occur after
extremely stressful events, including auto accidents. PTSD is strongly
associated with crashes, including those that don’t cause serious injuries.
Victims who experience PTSD may develop the following symptoms:
The consequences of psychological shock can be just as
debilitating as those caused by physical injuries. Victims may experience
difficulties in their daily lives, and they may find it difficult or impossible
to concentrate at work or do their jobs. That can result in termination and
long periods without income.
Because psychological shock can be just as disruptive to
your life as physical injuries and shock, it’s vital to have a legal advocate
on your side who can maximize your chances of getting compensation.
When you call Dudley DeBosier, we’ll determine how your auto
accident has affected your ability to work and enjoy life, and we’ll calculate
exactly how much money you’re owed for the pain and suffering you’ve
experienced. Then, we’ll negotiate with the insurance company to get a
settlement offer that’s fair for what you’ve been through.
Don’t go it alone after an auto accident that wasn’t your fault, and don’t trust just anyone with your financial recovery. Get in touch with us today, and let us put our experience to work.
by Dudley DeBosier | September 25th, 2019
What do you
think you know about personal injury lawsuits? You may be surprised to learn
some “facts” aren’t true. Our mission is to help Louisianans who’ve been
injured through no fault of their own get compensation, and that means making
sure they won’t hesitate to call a lawyer when they need to. So make
sure to get the scoop on these personal injury myths before you settle with
your insurance company.
If you are injured through no fault of your own, don’t believe the myths you’ve heard about personal injury lawsuits. You deserve compensation for your pain and suffering, and we want to help you get it. Contact our team today for a free consultation.
by Dudley DeBosier | September 16th, 2019
Join us in celebrating National Child Passenger Safety Week as we learn more about the proper use of child car seats to protect kids from harm in car accidents. National Child Passenger Safety Week 2019 kicks off on September 15 and ends on September 21, which coincides with National Seat Check Saturday.
It’s important to familiarize yourself with car seat laws and regulations, because they may have changed since you first learned them. Louisiana just passed a new, stricter set of car seat laws that went into effect August 1st, 2019.
If you want to learn more about car seat safety in Louisiana, open our presentation below.
by Dudley DeBosier | September 9th, 2019
aren’t just painful—they can also be expensive. If you were seriously hurt
through no fault of your own, you likely need extensive medical treatment, and
you may be disabled and unable to work for weeks, months, or even years. The
costs associated with your injury can quickly add up, and that’s what causes
many victims like you to seek compensation via personal injury claims.
Filing a personal injury claim is an effective way to get damages for things like medical bills and lost wages, but where does the money come from? Some victims are hesitant to file claims, especially when their accidents or injuries were caused by people they know, such as family members, friends, or co-workers. At Dudley DeBosier, we understand this hesitancy, and our Louisiana personal injury lawyers want to help victims like you better understand the legal process.
an activity or profession carries risks, the people involved are typically
required to purchase insurance to protect themselves and any others who may be
at risk of injuries. That’s why drivers in all 50 states must purchase auto
insurance and why almost all employers nationwide must carry workers’
most cases, injured victims file compensation claims against at-fault parties’
insurance providers. They may even be able to file claims against their own
insurance policies for additional compensation or if the at-fault parties
aren’t adequately insured.
In other cases, victims may file compensation claims against larger parties, including businesses, corporations, and even governmental agencies. Examples of these types of claims include defective product injuries, defective drug injuries, or auto accident injuries caused by defective roads.
victims may file claims against at-fault parties in a more direct fashion.
These claims can include situations where at-fault drivers don’t carry adequate
auto insurance coverage or if they acted maliciously or with an intent to cause
Your injury claim is unique, and it’s important to have a law firm on your side that understands your situation and the facts of what happened. While most personal injury victims get compensation from at-fault parties’ insurance policies, that’s not true in all cases.
legal team can investigate your injury, analyze the parties involved, and
determine a path forward that maximizes your chances of getting full
compensation. Contact us today for
a free consultation.
by Dudley DeBosier | September 4th, 2019
you have a college-aged child, you’re probably worried about their grades,
their tuition fees, and their safety—especially if they go to school far from
home. You may feel like you’re helpless to keep them safe, but one of the
biggest risks that college students face can be reduced with parental
That risk is drunk driving. The Centers for Disease Control and Prevention says that impaired driving impacts young people more than any other age group, and nearly 10,500 people died in alcohol-related crashes in 2016 alone. That accounts for almost 30% of all fatal accidents in the U.S. that year.
if you think your child doesn’t listen to you, studies show that positive
reinforcement from parents can help reduce dangerous behaviors in children,
regardless of their age. Remaining consistent and persistent with these
safety-oriented steps can help your child stay safe during this important stage
in their life:
Were you or your child hurt in an auto accident? If so, our Louisiana car accident lawyers want to help. We have years of experience assisting injured victims after crashes, and we know what it takes to win. Contact us today for a free consultation.
by Dudley DeBosier | August 28th, 2019
Another summer has come and gone, and that means it’s time for kids throughout Louisiana to head back to school. While your child may be anticipating new clothes, new subjects, and new friends, you’re concerned with keeping them safe. Here’s a handy list of tips to help your child reduce their risks when they travel to and from school.
by Dudley DeBosier | August 21st, 2019
According to the Federal Motor Carrier Safety
Administration, big trucks were involved in 107,000 injury-causing accidents
and 4,657 fatal accidents in 2017 alone. Because of their weight and size,
semi-trucks can cause significant damage to other vehicles during collisions,
putting the occupants of those vehicles at risk of serious and even
At Dudley DeBosier, we know how dangerous big trucks can be
to other motorists. If you or someone you love was injured in an accident
involving a tractor trailer, it’s important to get experienced and dedicated
legal representation on your side. Big truck accident claims can be difficult
to prove, and insurance companies often put up a fight when victims pursue
You’ve got enough to deal with after your truck accident.
We’re here to protect your rights and help you get the money you deserve while
you focus on getting better. Call or contact us online today for
a free consultation.
Getting a lawyer and pursuing damages after an accident can
seem intimidating. You may be worried about how you’ll prove the accident
wasn’t your fault, how much money you can get, and whether you’ll have to go to
truck accident lawyers are here to take the stress of the accident and your
compensation claim off your shoulders. We’ll put our experience to work for you
in the following ways:
From the day you contact us until the day you get your check, you can count on our legal team to treat you like family. We know that you’ve gone through a traumatic experience, and we also know that you deserve experienced and understanding legal representation. That’s the Dudley DeBosier Difference. Contact us today.
by Dudley DeBosier | August 14th, 2019
Glyphosate, the major herbicidal ingredient in Roundup, has been linked to increased risk of
cancer, including non-Hodgkin lymphoma. Roundup is the world’s most popular
weed killer, and many homeowners have trusted this product for years, so if you
aren’t sure what your other options are for keeping your garden or lawn free of
weeds without using chemicals, this is for you.
We’ve compiled seven easy ways to kill weeds with non-harmful products you may already have in your home. Select the image below to learn more.
If you have recently been diagnosed with cancer and believe Roundup may be responsible, contact the legal team at Dudley DeBosier to learn about your options for getting compensation.
by Dudley DeBosier | August 7th, 2019
Looking away from the road to mess with the radio dial or to try to find the perfect song on your playlist is a form of distracted driving and one of the leading causes of car accidents, but did you know one study has suggested that just listening to music without looking at the audio source is distracting enough to affect your driving performance? There have been several studies conducted attempting to measure the effect of music on drivers, and the results may surprise you.
Listening to music you like is a major mood-booster! When you are
stuck in traffic, a good tune can reduce stress and aggression, and at the same
time, reduce traffic errors and road rage.
Listening to music is also shown to elevate your heartrate and
keep you awake and entertained on long trips, decreasing the risk of accidents
caused by drowsy driving. Some studies have even shown listening to music can
actually improve a driver’s ability to perform some driving tasks, such as
matching the speed of the vehicle ahead and staying within lane markers.
If you can’t find music you enjoy anywhere up or down the radio
dial, it can actually increase your stress levels, which has a negative effect
on driving behavior. But music you love can also cause bad driving behavior,
especially for younger and less experienced drivers. You may start to pay more
attention to the song than the road, and begin making simple errors that can
result in devastating consequences, such as forgetting to signal or check blind
Fast music and loud music are also shown to have a negative impact
on driving behavior. Drivers may subconsciously speed up to match the tempo of
a song, while loud music is shown to reduce reaction time. Any music played at
over 85 decibels can influence driver behavior for the worse.
In general, music with a tempo of 60-80 beats per minute (BPM) is
the safest to drive to, because it mimics the average human heart rate. Music
with a tempo of 120 BPM or more can result in faster driving speeds and more
Researchers have suggested jazz, soft rock, and easy listening are the best options to listen to while driving, but if those aren’t your speed, we’ve created a Safe Driving Playlist for your next commute. Interested in how the songs on the Billboard Hot 100 scan? We’ve also charted out the top five safest and most dangerous on the radio now.
Today’s Hits – Top 5 Safest Songs to Drive To
Today’s Hits – Top 5 Most Dangerous Songs to Drive To
If you’ve been injured in a car accident where you were not at fault, we want to help. Regardless of what music was playing, you deserve compensation. Contact Dudley DeBosier today for your free consultation.
by Dudley DeBosier | July 18th, 2019
lived with people for thousands of years and hold the storied title of “man’s best
friend.” Still, as friendly as dogs can be, a dog who feels threatened or is in
an unfamiliar or stressful situation may react by biting. Also, some dogs may
have a propensity towards biting because they have been abused and/or were
never properly socialized. Because any dog can bite, it is important for both
dog owners and their neighbors to know the risks.
According to the CDC, nearly 1 in 5 people bitten by a dog will require medical attention. Children are at the highest risk for dog bites, and small children should never be allowed to play with dogs unsupervised. Dog bite injuries can puncture the skin causing bleeding and leaving unsightly scars. The initial medical treatment may require shots for rabies and tetanus.
the severity and location of the wound, the victim may need reconstructive and
cosmetic surgery. In addition to the physical pain, many victims report feeling
continued stress and emotional trauma following the bite. These feelings may be
triggered when the victim sees another dog.
proper love, training, and supervision, most dog bites can be avoided.
Louisiana law establishes that the dog’s owner is liable for the injuries
caused by their dog. A dog’s owner has a basic duty to prevent the dog from
biting other people.
To prove this
case, the victim must show that the defendant owned the dog and that the victim
did not provoke the dog. Louisiana courts have also held that the victim must
prove the dog presented an unreasonable risk of harm, such as past violent
behavior or a failure of the dog’s owner to have the dog contained or on a
Louisiana Civil Code article 2321 establishes that the owner of an animal is answerable for the damage caused by the animal. However, he or she is answerable for the damage only upon showing that he or she knew or, in the exercise of reasonable care, should have known that his or her animal’s behavior would cause damage, that the damage could have been prevented by the exercise of reasonable care, and that he or she failed to exercise such reasonable care.
the owner of a dog is strictly liable for damages for injuries to persons or
property caused by the dog which the owner could have prevented and which did
not result from the injured person’s provocation of the dog.
It sounds like an injury case involving a dog bite should be cut and dry, right? Not always. Things get complicated when the dog’s owner is not the homeowner. In this common scenario, there may be no insurance coverage and the bite victim can only sue the dog’s owner personally. Collecting a personal judgment can be more complicated and time consuming, and you may not be able to collect everything that is due.
may have another route to recovery in the courtroom. That is because a landlord
or property owner may have separate liability to the victim for a dog bite,
even though the property owner or landlord did not own the animal. This is a
different theory than the strict liability against the dog’s owner.
In order to
pursue a claim against a landlord for injuries caused by her tenant’s animal,
the victim must show that the landlord knew or should have known that the
tenant was harboring an animal with vicious propensities. Additionally, the
landlord may be responsible for some defect in the property which allowed the
dog to escape, such as a broken fence.
A dog bite victim may benefit from a lawyer who can discover the available insurance coverage and uncover facts revealing additional parties responsible for the injury.
by Dudley DeBosier | July 17th, 2019
If you’ve ever hopped on an electric scooter for a quick trip, you know how fun and convenient they can be. Scooters also help decrease traffic congestion, making it easier for drivers to get to their destinations on time. But sharing the road can be a dangerous prospect for scooter riders, as even low-speed collisions can result in dangerous injuries. Help make Louisiana roads safer for everyone by following these simple tips.
by Dudley DeBosier | July 10th, 2019
Delayed drowning is every parents’ worst nightmare – death by drowning long after a child leaves the water. Although this phenomenon is extremely rare, it does happen, and it’s important for parents to understand what they can do to protect their children any time they enter the water. Learn more about delayed drowning, how it’s treated, and general water safety tips by selecting the image below.
If you or a loved one were injured due to someone else’s negligence when you should have been enjoying your summer, we at Dudley DeBosier understand how severely your life can be affected. Contact our legal team today to learn what compensation you may be entitled to after an injury-causing accident.
by Dudley DeBosier | July 3rd, 2019
Whether you’re an adrenaline junkie or prefer lounging under a palm tree with a cold drink, suffering a serious injury while you’re on vacation probably isn’t part of your itinerary. Unfortunately, vacation accidents are something that many Louisianans deal with when they travel seeking fun and relaxation.
Accidents and injuries don’t abide by anyone’s schedule, and they can happen anytime and anywhere. Determining what to do after an injury when you’re far from home can be intimidating, but following just a few simple steps can help you get the medical care you need while protecting your rights to file a compensation claim.
Take these steps after a vacation injury to protect your health and maximize your chances of getting the money you deserve:
While these steps may seem simple, they can be difficult to remember when you’ve just suffered a serious injury—especially when you’re on vacation. That’s why we created a free downloadable wallet card that contains all the information you’ll need to protect your health and your rights to compensation after an accident when you’re away from home.
At Dudley DeBosier, we know all about vacation and travel-related injuries. With an office located in New Orleans, home of Mardi Gras, the Saints, and the French Quarter, we frequently encounter tourists and vacationers from all walks of life who need help after an injury.
In our years of practice, we’ve helped many people who were hurt through no fault of their own when they were traveling, whether it was just around Louisiana or to distant parts of the country. Contact our New Orleans personal injury lawyers today to find out how we can put our years of experience to work for you. It’s our goal to help you get the compensation you need for your medical bills, lost wages, and other accident-related expenses—that’s the Dudley DeBosier Difference.
by Dudley DeBosier | June 26th, 2019
July Fourth is just around the corner. Many Americans will celebrate with boating, beaching, or backyard get-togethers, but it’s important to remember the unique risks those activities pose. As you plan your Independence Day festivities, remember the following safety tips to keep yourself and your loved ones out of harm’s way.
by Dudley DeBosier | June 19th, 2019
If you are injured on the job or become ill due to conditions at work, you may be entitled to workers’ compensation benefits. Most employers are required by law to provide workers’ compensation insurance to their employees to help cover the costs of medical treatment, prescriptions, rehabilitation, and lost wages due to a work-related injury. Firing an employee for filing a claim or otherwise discouraging an employee from filing a claim is illegal.
Filing a workers’ compensation claim is not the same as suing your employer. Unlike a personal injury lawsuit, you are not required to prove negligence, only that your injury was acquired on the job. If you become injured on the job, you must inform your employer and your employer’s insurer of your injury in a timely manner. Once a claim has been accepted you have three additional years in which to assert a claim for additional medical benefits, or one year if you do not.
Be prepared to explain how the injury occurred, provide the date and time of day of the injury, and the names of any witnesses. In non-emergency situations, you may be required to submit to an evaluation for the injury from a doctor of your employer’s choice.
Most workers’ compensation claims are denied because the employer is put on notice of the injury too late or without sufficient information, but hiring an attorney to help with your workers’ compensation claim can help you maximize your chances of approval. When you work with the Louisiana workers’ compensation attorneys at Dudley DeBosier, we’ll do everything we can to ensure your claim is approved. This includes completing all necessary paperwork, meeting all deadlines, compiling evidence to support your claim, and calculating your lost wage claim and level of disability.
Your employer may try to dispute your version of events or claim your injury was due to a pre-existing condition. If you choose us to handle your claim, we’ll do everything we can to protect your rights. If your claim is denied, our attorneys can work to resolve your case through mediation or bring it before a workers’ compensation judge in an official court hearing.
If you or someone you love was injured or became disabled while on the job, the workers’ compensation attorneys at Dudley DeBosier are ready to help you get the benefits you deserve. Contact us today for a free case review.
by Dudley DeBosier | June 12th, 2019
After a car crash, the most important thing you can do to protect your health and your rights to compensation is get medical attention. Even if you don’t think you have injuries, it’s important to still get evaluated by a first responder at the scene of the accident or at your doctor’s office after the crash. Getting medical attention can address any serious injuries immediately, as well as rule out any internal injuries that might show up later on. It also creates a medical record that links your injuries to the car accident.
But even after you get initial medical help, you may be facing weeks—or even months—away from work, and you may not know what to do next. At Dudley DeBosier, we don’t think you should have to pay out of pocket for injuries caused by another person’s negligence, and we’re ready to help you get the compensation you deserve to move forward with your life. Read on to find out what happens when Louisiana car accident victims come to us for help.
When you contact the Louisiana car accident attorneys at Dudley DeBosier, we’ll listen to your story to learn more about your claim. If we decide to take your case, we’ll start collecting and analyzing evidence, such as photos from the accident scene, witness testimonies, and police reports, to support your claim and determine who can be held responsible for your injuries.
It’s our goal to help you get every penny you deserve for what you’ve been through. That’s why our legal team calculates the total cost of your injury-related expenses, including your current and future medical bills, current and future lost wages, and pain and suffering, to determine a fair settlement offer. We then present that offer to the responsible party’s insurance company. If they refuse to pay you the money you deserve, we won’t hesitate to take your case to trial.
If you or someone you love suffered injuries in an auto accident caused by another driver’s negligence, the Louisiana car crash attorneys at Dudley DeBosier are here to help. We put our clients first throughout every step of their injury claims, and it’s our goal to help you get maximum compensation for what you’ve been through. Contact us today for a free case review, and let us put our passion and experience to work for you today.
by Dudley DeBosier | June 6th, 2019
A serious injury can happen at any time and to anyone. In 2016, the National Highway Traffic Safety Administration recorded more than three million injuries from traffic accidents alone. The aftermath of an injury can be a stressful and confusing time, and victims may not be sure what to do next—especially if their injury was caused by someone else’s negligence. At Dudley DeBosier, we know the idea of hiring an attorney may be intimidating. We want to change that.
If you or a loved one suffered an injury caused by another person or party’s negligence, we don’t think you should have to pay out of pocket for your injury-related expenses, and we want to help you get maximum compensation. Our Louisiana personal injury attorneys know the last thing you need after an injury is more stress. Let us handle all the red tape and paperwork for you so you can focus on your health.
Over the course of the next few weeks, this series will guide you through several of the most common types of personal injury lawsuits to give you a clearer understanding of what to expect when you file a claim. If you have questions about your rights after an injury, don’t hesitate to call Dudley DeBosier. Our staff is available 24/7, and your initial consultation is always free.
Be sure to check back next week to learn about what to expect when you file an auto accident claim.
by Dudley DeBosier | May 15th, 2019
After an accident, you may not be sure what to do next. Do you really need to call a lawyer? How will your injuries affect you in the long term?
At Dudley DeBosier, we know that making the decision to hire an attorney isn’t always easy. But we also know that insurance companies don’t always pay victims the money they deserve.
As profit-driven businesses, insurance companies don’t always put victims’ best interests first. They’re often focused more on making money than they are treating victims fairly, and they offer victims lowball settlements that only cover a fraction of their injury-related expenses. When victims accept those initial settlement offers, they may be unable to collect additional compensation later on—even if they discover their injuries require more medical treatment.
We don’t think that’s right, and that’s why it’s our goal to help victims like you get maximum compensation for what you’ve been through. When you hire Dudley DeBosier, we know how to calculate the cost of your current and future injury-related expenses, including your medical bills, lost wages, and pain and suffering. Then, we’ll fight to help you get the money you deserve—even if that means taking your case to trial.
After an injury in Louisiana, don’t settle for anything less than what your claim deserves. Get the Dudley DeBosier Difference. We’re ready to help you determine the true cost of your injuries, and it’s our goal to help you get every penny you’re owed. Call us today for a free case review.
by Dudley DeBosier | April 17th, 2019
When people get hurt because of others’ negligence, they can pursue compensation for the damages they incur, including lost wages, medical bills, and pain and suffering. The latter term is one that most people have heard or read in attorney advertisements, and it can be confusing and vague. However, it’s important to understand what it means if you decide to pursue a compensation claim after suffering an injury.
Put simply, pain and suffering refers to the prolonged effects that accidents and injuries have on victims’ lives. There are two types of pain and suffering that victims often experience:
It’s easier to calculate accident-related losses when they’re in the form of medical bills and lost wages. However, we believe that victims’ pain and suffering should never be ignored or downplayed after injuries. That’s why we always get to know victims to find out exactly how their injuries have affected their lives.
If you or someone you love was injured because of someone else’s negligence, you deserve compensation for everything you’ve gone through, including any and all physical and mental pain you’ve experienced. Contact the Baton Rouge personal injury attorneys at Dudley DeBosier Injury Lawyers today for a free consultation to find out how we may be able to help.
by Dudley DeBosier | March 13th, 2019
St. Patrick’s Day is synonymous with green clothing, shamrocks, and yes—alcoholic beverages.
For many people throughout Louisiana, the holiday is an ideal day to spend time with friends and families in bars, pubs, taverns, and restaurants while enjoying a few drinks. But the increased alcohol consumption among revelers on St. Patrick’s Day means that there’s a corresponding increase in the risk of accidents.
If you’re planning on joining in on the festivities during the upcoming holiday weekend, keeping the following tips in mind can help you and your loved ones stay safe:
St. Patrick’s Day isn’t the only time that drunk, impaired, or negligent drivers are out on Louisiana’s roadways. If you or someone you love was injured by a careless motorist, we want to help. Call us today for a free consultation—we’re ready to put our years of experience to work for you.
by Dudley DeBosier | February 21st, 2019
by Dudley DeBosier | January 28th, 2019
Burn injuries are painful, disfiguring, and disabling. At Dudley DeBosier, we believe that victims of those debilitating injuries deserve maximum compensation for what they’ve gone through.
If you or someone you love suffered a burn injury, you may need extensive medical treatments, including surgeries for both medical and cosmetic reasons. The costs you’re facing may be enormous, especially if your injuries make it difficult or impossible for you to return to work.
Our Louisiana burn injury attorneys have helped many victims like you. We know that burn injuries are often caused by negligence, and we can collect evidence that proves the other party’s liability.
Although there are many potential causes of burn injuries, there are three parties that are often involved in those types of injuries due to their negligence or oversights:
After a burn injury in Louisiana, you deserve a team of experienced attorneys fighting for you. The legal team at Dudley DeBosier is ready to investigate your injury and to hold the responsible parties accountable for the harm they caused you. If you or someone you love needs help after a burn injury, contact us now to get started. There’s no cost or obligation, and your initial case review is free.
by Dudley DeBosier | December 26th, 2018
Insurance companies spend big money every year convincing the public that they’re on their side, but in reality, they’re in business to make big profits. And those big profits aren’t generated by paying victims the money they deserve—instead, they make their money by denying or reducing payments whenever and wherever they can.
If you were recently involved in an auto accident, you may still be dealing with the shock, trauma, and stress of the crash. It’s natural to want to reach out to others to talk about what you’re going through and what lies ahead, but it’s important to remember that the things you say and post online can be used against you by the insurance company if you pursue compensation.
All insurance companies have teams of adjusters whose job is to find ways to dismiss claims or to get victims to accept “lowball” settlements. One method they use to achieve that is to observe claimants’ social media pages and accounts for posts or pictures that are either related to their accidents or that show them partaking in normal activities. They then use those posts as evidence against victims, whether to show that victims were at fault for their injuries or that their injuries aren’t serious enough to deserve compensation.
Don’t give the insurance company any advantages after your accident. Avoid social media and get an experienced lawyer on your side right away. At Dudley DeBosier, we know the tricks and traps that insurance companies use against victims like you, and we know how to keep you protected. Call today.
by Dudley DeBosier | November 15th, 2018
What’s Thanksgiving without a plump and juicy fried turkey? It’s a staple of the Thanksgiving dinner table for countless families in Louisiana and throughout the U.S., but experts warn that frying turkeys can put homes, people, and pets in significant danger.
The National Fire Protection Association (NFPA) reports that fire departments responded to around 1,760 home cooking fires nationwide on Thanksgiving Day in 2015. In addition, Thanksgiving is regarded as the peak day for all home cooking fires annually. In fact, the NFPA discourages the use of outdoor gas-fueled turkey fryers, which work by immersing the birds in hot oil.
Despite the safety risks associated with turkey fryers, countless families will cook their birds the traditional way. The Consumer Product Safety Commission recommends following a few important tips to reduce dangers it may pose to your home and your loved ones:
Dudley DeBosier Injury Lawyers wishes everyone in Baton Rouge and surrounding areas a safe and happy Thanksgiving.
by Dudley DeBosier | November 8th, 2018
Suffering an injury that was caused by another person’s or party’s negligence is traumatic and painful. You may need expensive medical treatments, physical rehabilitation, and even surgeries to repair the damage to your body. And while medical bills are top of mind for many injury victims, lost wages have the potential to be even more disruptive to your life.
Serious injuries aren’t just painful—they can also be disabling. People who suffer disabling injuries may be unable to work for weeks, months, or even years. And when they’re not working, they’re not earning the paychecks they and their loved ones depend on. That means it can be difficult to stay on top of everyday living expenses—let alone the big medical bills associated with traumatic injuries.
At Dudley DeBosier Injury Lawyers, we know how difficult this time is for you and your family members. That’s why we’ll do everything in our power to help you get maximum compensation. Call us today for a free consultation.
Pursuing compensation on your own can be difficult. That’s because the insurance company makes big profits by reducing or denying claims whenever it can. When you choose us to handle your injury claim, our legal team can help you improve your chances of getting compensation for your lost wages and medical bills by:
In addition, we’ll also review any initial settlement offers you get from the insurance companies. Many insurers send offers to victims immediately after injuries, but they’re rarely enough to cover all injury-related expenses. And if you accept their offer, you may be unable to pursue additional compensation. We’ll help you make the right choice.
by Dudley DeBosier | October 24th, 2018
by Dudley DeBosier | October 23rd, 2018