Workplace Accidents

Derek Aswell successfully obtained $2.5 million for client left with catastrophic injuries

July 19, 2024 | by Broussard, David & Moroux

Our attorney, Derek Aswell, recently obtained $2.5 Million for his client in a products liability case. The client is still recovering from extreme injuries due to a machine malfunction on the job site but received favorable compensation thanks to Derek’s thoroughness on the case.

The plaintiff involved was a superintendent equipment operator who was subcontracted to crush rocks for a wind turbine farm in Texas. The cause of the accident occurred when rock material obstructed the machine which prevented it from operating properly. The plaintiff powered off the crushing chamber before attempting to clear the obstruction, but the rotor of the machine suddenly free- spun, sending the plaintiff through the crushing chamber. This incident caused horrific and life-threatening injuries.

Thanks to Derek and his team’s hard work and excellence on the case, he helped his client hire experts in design and biomechanics to prove the machine was dangerously designed and that the injuries were caused by the chamber. The case ultimately resulted in a $2.5 Million verdict for the plaintiff.

What is “Tort”? – Legal Word of the Month

July 11, 2024 | by Broussard, David & Moroux

At first glance, “tort” may sound like a strange word, but it is an essential term to understand in the legal space.

In the legal realm, a “tort” refers to any wrong or injury imposed by one person or entity onto another. A tort is classified as a civil wrong (as opposed to criminal) that can be inflicted intentionally or unintentionally. Examples include assault or a car accident due to negligence.

Personal injury law is a subcategory of tort law where a person is injured due to another’s unintentional actions or negligence. Other subcategories of tort include automobile accidents, medical malpractice, and premises liability. Tort law defines the rights of individuals and the responsibility of each person to treat others with fairness in society. It ensures if you are injured due to someone’s negligence, you have a right to receive compensation.

Beat the Clock: Louisiana Prescriptive Period for Personal Injury Cases

April 27, 2023 | by Broussard, David & Moroux

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.

The Department of Interior Proposes a New Rule to Strengthen Offshore Safety

October 27, 2022 | by Broussard, David & Moroux

On September 12, 2022, the Department of Interior announced a new proposed rule to ensure offshore oil and gas operations on the Outer Continental Shelf are conducted with the utmost safety and oversight standards. This proposed rule builds on reformed instituted by the Department since the Deepwater Horizon tragedy that killed 11 offshore workers and caused billions of dollars of damages.

Following the Deepwater Horizon incident in 2010, the Bureau of Safety and Environmental Enforcement adopted several recommendations from multiple investigative teams to improve the overall safety of offshore energy operation. The BSEE Director Kevin M. Sligh Sr. says the proposed revisions “will protect workers’’ lives and the environment from the potentially devastating effects of blowouts and offshore oil spills.”

To further protect human lives and the environment, the Department is proposing revisions that would:

The Intentional Act Exclusion and Employers’ Tort Immunity

December 18, 2021 | by Broussard, David & Moroux

When a worker is injured at work, legislators have determined that it is in society’s best interests if those medical injuries are covered as quickly as possible by Workers’ Compensation. Workers’ Comp means that the worker does not have to prove that his boss was negligent in order to get basic medical care.

However, sometimes the workplace injury was caused by one of two types of intentional acts. The first type is when a fellow worker intentionally seeks to make contact with a fellow worker, leading to the injury. Then, the worker is entitled to seek damages in a court of law and is not limited to the remedy of workers’ compensation. The second type of work-place injury that falls outside the scope of workers’ compensation remedies is when the workplace practice is substantially certain to lead to the injury.

If you are interested in learning more about what types of injuries have been deemed “intentional acts” over the past twenty years, read this article.

Distracted Driver Causes Accident Leading to Death of Sheriff’s Deputy

July 27, 2021 | by Broussard, David & Moroux

On Friday morning, Deputy Lonnie Thacker of the Caddo Parish Sheriff’s office responded to a two vehicle car accident on I-49 northbound. While sitting in the right lane with the emergency lights on, Deputy Thacker’s patrol vehicle was struck from behind by a Kia Sorento, causing both vehicles to veer off the road. Deputy Thacker was inside the vehicle at the time and was pronounced dead at the scene. The driver of the Sorento was taken to Oschner Hospital and reported only minor injuries.

The Caddo Sheriff’s office has turned over the investigation to the Louisiana State Police. Impairments are not expected to a contributing factor, but the State Police believe distraction to the driver is the cause of the accident.

Broussard, David & Moroux extends their condolences to Deputy Thacker’s family and friends as well as the Caddo Parish Sheriff’s office.

An Oil Tank Explosion leaves One Injured with Burns in Lafourche Parish

July 8, 2021 | by Broussard, David & Moroux

Late last month, a tank owned by Texas Petroleum exploded on Catfish Lake near Golden Meadow. The United States Coast Guard responded to a call by sending a helicopter and a locally stationed unit. Local Firefighters and state hazardous materials units also responded, successfully dousing the fire.

During an evacuation, one person was injured, suffering burns to his body. The person was transported to Terrebonne General Hospital where he was stabilized. Authorities established a three quarters of a mile perimeter around the explosion, but put out the fire before any residents were threatened.

The tank held crude oil before the oil was to be sent into the pipeline system. The cause of the fire is under investigation.

Several workers injured after explosion in Gulf of Mexico

May 25, 2021 | by Broussard, David & Moroux

MORGAN CITY – As many as eight people were hurt in an explosion reported at a natural gas well in the Gulf of Mexico Tuesday afternoon.

Authorities said the incident was reported sometime before 3 o’clock after a well ignited. The victims reportedly suffered varying burn injuries in the explosion.

The patients were taken by boat to a dock in Morgan City. Helicopters were expected to land there to move those victims to a hospital.

Coast Guard Rescues 6 of 19 People on Capsized Boat off Louisiana Coast, Search Continues

April 14, 2021 | by Broussard, David & Moroux

Six of the nineteen people onboard a 129-foot commercial lift boat that capsized off the Louisiana coast Tuesday afternoon have been rescued so far. The vessel, the Seacor Power, had left port less than two hours before the accident and encountered rugged seas on its way out to the Gulf of Mexico.

The Coast Guard was on the scene within 30 minutes and several other good Samaritan vessels have been assisting the Coast Guard in the search and rescue operation.

Broussard, David & Moroux offers their thoughts and prayers to family and friends of the missing crewmembers in this difficult time and hope that all crewmembers are safely rescued.

What Comes Next – A Glimpse into The Post-Accident Legal Process

March 26, 2021 | by Broussard, David & Moroux

An average of 16,500 car accidents occur daily across the United States. In the blink of an eye, a rear-end car accident can completely turn one’s life upside down by causing life-altering injuries. Such an event can leave one lost as to what to do next, scared as to the daunting recovery process that lies ahead, and confused as to where to even begin. Some insight into the expected process of legal settlements may aid you or a loved one in making important decisions following a tragic accident.

In Louisiana, a car accident resulting in an injury, death, or property damage resulting in over $500 requires the parties by law to contact the local police department. Following the accident, an injured party should seek legal assistance. This will significantly offset the post-accident burdens of both filing a claim with the negligent party’s insurance company and gathering supporting evidence like medical examinations, photos, and witness testimony.

Further, an attorney can file suit against a negligent party, thereby holding that party liable for their actions. The lawsuit must be brought within 1 year of the date of the accident or else the claim is forever lost. Once the legal process begins, parties will work tirelessly to reach what is known as a settlement. A settlement resolves the dispute by dropping the claim before reaching trial in return for a monetary compensation. Settlement processes can last anywhere from a few months to a few years depending on the severity of the injuries and the accident. In the settlement process, the injured party seeks recompense for physical pain and suffering, repair or replacement of their car, medical expenses, mental anguish from the accident, lost wages, as well as other forms of damages.