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A person can suffer injuries just about anywhere. However, if you suffer injuries while performing work, you may be entitled to (or restricted to) certain forms of recovery depending on where those injuries occur and your relationship with the location. For example, a person who is injured as a result of work they are performing may be limited to recovery under the Worker’s Compensation Act. The same is true for a person who is injured on the high seas.

When a seaman suffers personal injury or death while on a vessel, the Jones Act provides an expansive remedy for him. The Act mandates that “any seaman who shall suffer personal injury in the court of his employment may, at his election, maintain an action for damages at law.” However, coverage under the Jones Act is dependent on one thing: whether or not the employee constitutes as a “seaman.” Unfortunately, because the Act does not directly define who qualifies as a “seaman,” it is often difficult to know whether you meet the requirements of a Jones Act seaman.

In order to qualify as a Jones Act seaman, one must show: (1) the employees duties contribute to the function of the vessel or to the accomplishment of its mission; and (2) there is a connection to a vessel in navigation that is substantial in terms of both duration and its nature.

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At Broussard, David  & Moroux, we love and appreciate our Acadiana community. Giving back to our community through philanthropy and service is a driving force of our firm’s culture.  As advocates, we are always seeking partnerships with local organizations that are making great impacts in Acadiana.

Generosity and personal relationships are at the forefront of what we do. Our staff continuously seeks new avenues to better serve those in need around us. In 2023 alone, Broussard, David & Moroux supported over five non-profits in Lafayette, Louisiana. Each contribution carried its own significance, and we hope that by sharing this spirit of philanthropy, others will be inspired to join us.

For South Louisiana Giving Day this past Spring, Broussard, David & Moroux set the $65,000 match in contributions to benefit the Boys & Girls Club of Acadiana. The Boys & Girls Club is a non-profit offering after-care services to lower-income families across the country. It was our honor and privilege to give back to this incredible organization in an impactful way for SOLA Giving Day as they directly assist many of our clients  with care  and resources.

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A Jefferson Parish jury awarded a widow $2,860,000.00 for the death of her husband following a double-fatality boat crash. The decedent was a passenger in a $1,000,000.00 high-performance MTI racing catamaran owned and operated by his friend on the Lake of the Ozarks, Missouri. Just prior to the crash, Garmin data proved the boat had been traveling over 120 miles per hour when the boat struck a wake caused by a nearby yacht, causing the MTI Cat to lose control and flip over killing both occupants. All parties contested liability and who was operating the vessel at trial.

The case involved the two widows of close friends suing each other’s husband’s estates (a factor not lost on the jury in voir dire or deliberations). No settlement offer was ever made by the defendants.

The jury assessed fault solely against the owner, and the jury awarded $1,500,000.00 in pecuniary losses, $680,000.00 for loss of consortium, and $680,000.00 for mental anguish to our client as a result of her husband’s death. The judgment totals $2.86MM, before post judgment interest. This was the second multi-million-dollar jury verdict for counsel for plaintiff in under one week.

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Broussard, David, & Moroux recently obtained a jury award of $4,900,000.00 on behalf of a 41-year-old wife and surgical technician from Acadia Parish. The plaintiff was injured on August 12, 2019 while on her way to work at Jennings American Legion Hospital. She was traveling down Highway 98 when a Diamond B. Construction pick-up truck ran a stop sign and crashed into the plaintiff’s Suburban, causing it to flip over several times and land upside down in a nearby ditch. As a result of the crash, she suffered immediate and extensive injuries to her neck and low back. Even though the construction worker admitted to fault at the scene, his employers refused to admit fault and contested liability through trial.

Following the crash, the plaintiff was immediately brought to the hospital. She suffered neck, mid back, and low back injuries. As a result of her injuries, she underwent a neck fusion and required a second neck surgery. She also suffered compression fractures in her midback and low back, as well as anxiety, depression, and headaches due to the accident. Her chronic pain required long-term treatment with pain management doctors and her surgeon testified would likely need adjacent segment surgery in the future.

After a four-day jury trial, the plaintiff was awarded $408,857 in past medical expenses, $800,000 in future medical expenses, $948,819 in lost earnings/capacity, and $2,500,000 in general damages. Her husband was also awarded $250,000 in loss of consortium. With judicial interest, the total judgment is $5.5MM.

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Personal injury cases arise in many different shapes, sizes, and kinds. Whether it be a small injury from a simple car accident or life-altering damage from a plane crash, negligence may be found and recovery necessary. But not matter the type of case, all claims have one thing in common: a time limit for how long you can bring your case to court. When a plaintiff fails to bring their claim within this time period, the court will refuse to hear the case and a settlement cannot be made. So, how much time do you have to file your claim?

Under Louisiana Civil Code Article 3492, an action for personal injury, not relating to a faulty product, must be filed in court within one year of the date of the injury. This means as of the day your injuries or damages are sustained, the prescriptive period starts running. This rule applies to injuries arising from: (1) car accidents; (2) slip and falls; (3) pedestrian accidents; and (4) dog bites or attacks.

Not only should prescription be considered to ensure a claim may be filed, but waiting too long may raise other issues. As time passes, witnesses may be harder to find, videos and pictures of an accident may be lost, and other evidence may be destroyed. Additionally, filing sooner allows more time for settlement negotiations to be made.

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Spring has officially sprung bringing warmer weather with it. These weather conditions encourage people to jump back into their beloved outdoor activities, especially boating. Whether it be a weekend trip to the lake or a spring break trip to the beach, it is important to keep in mind a few safety procedures as you head back onto the water after a long winter:

  • While boating, be on the lookout for piers, docks, swim platforms, boat lifts, buoys, and markers, in order to prevent collisions.
  • It is good practice to always wear a life jacket or, at the least, be sure to have the required number of life jackets on board at all times. All states have different age requirements for life jackets, so be sure to check what those laws are depending on where you are boating. In Louisiana, all persons 16 year of age and younger much wear a life jacket while on a vessel less than 26 feet long.
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In the late hours of March 13, a fatal motorcycle crash occurred at the 2300 block of West Pinhook Road, near Verot School Road. The investigation showed that the motorcyclist entered the center lane, in an attempt to go around vehicle traffic. While in the center lane, the motorcycle collided with another vehicle. A passenger from the vehicle was injured and transported to a local hospital. The motorcyclist died in the crash.

In light of this accident, it is important to remember these safety procedures when operating a motorcycle:

  • Be sure to wear a quality helmet and eye protection.
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On January 28, 2017, plaintiff was T-boned by a Lafayette police officer who pulled out of the parking lot at Our Lady of Fatima Church on Johnston Street in Lafayette, crashing into the side of plaintiff’s pickup truck. Prior to trial, the parties stipulated that the defendant police officer was the sole legal cause of the subject collision and that he was in the course and scope of his employment with Lafayette City-Parish Consolidated Government at the time of the collision.

As the result of the collision, the 29-year-old plaintiff suffered injuries to his cervical and lumbar spine including annular fissures at C4-5 and C5-6, a central disc protrusion at C6-7, disc bulging at L3-4 and L4-5, as well as a disc protrusion and fissure at L5-S1. Plaintiff’s pre-trial treatment included three (3) rounds of cervical steroid injections and two (2) rounds of lumbar injections. In 2019, plaintiff’s treating spine surgeon recommended that plaintiff undergo total disc replacement at C6-C7 and an anterior lumbar interbody fusion at L5-S1.

Plaintiff, a father of six, continued to work through his pain following the collision so that he could support his family. At trial, the defense attempted to downplay plaintiff’s injuries using job descriptions which indicated he was required to perform heavy lifting at work and testimony from his supervisors confirming those job descriptions. Plaintiff testified the job descriptions did not accurately reflect the actual work he was required to perform at those jobs and on cross-examination, plaintiff’s supervisors were forced to admit that they had never actually observed him perform any heavy lifting after the accident.

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For Mardi Gras, most people have one thing on their minds: let the good times roll. However, in addition to the good times, there are also some safety risks that may arise in the wake of Fat Tuesday. To ensure you get the most enjoyment out of the festivities, here are some tips to keep you safe during Carnival season.

  • Be sure to keep your guard up for beads and other throws, as these objects could be painful on impact.
  • Stay behind all barricades during the parade and refrain from moving, tampering, standing, or sitting on the barricades.
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On the morning of January 19, 2023, an 18-wheeler crashed on the Estherwood pontoon bridge. This is the site of another 18-wheeler crash just last fall. Not only do bridge crashes like this one cause bridge closers and detours for motorists, it also causes additional safety risks for other drivers on the road.

In light of this accident, here are a few safety tips to remember when traveling on bridges:

  • To avoid a chain reaction collision, keep at least two car lengths between you and the car in front of you.
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