Best Medical Malpractice & Negligence Lawyers in Lafayette, LA

The most important thing to remember is that your safety at the scene comes first. As soon as you determine that it is safe to do so, you should call the local police authority or 911 if you are uncertain. It is critical that you report any injuries that occurred in the accident, the location of the accident, the time of the accident and your name and telephone number. These factors go on to the police report and need to be communicated clearly to the investigating officer. Do not discuss the facts of the accident with anyone except the investigating officer at the scene of the accident. Many times an investigator or supervisor for the insurance company or opposing driver will come to the scene and attempt to communicate with you. Do not give any statement concerning the accident unless you are asked by the police officer to do so. If you are aware of any witness who you believe actually saw the accident occur, you should attempt to get their name, telephone number and address (this can be extremely important in the event of a dispute later). Again, do not discuss the facts of the accident or your injuries with anyone other than the police officer and, if called, the ambulance attendants if so requested.

It is a simple process to obtain the police accident report from the investigating agency by providing your name and the time, date and location of the accident. If the investigating officer gave you a file number, you should be able to obtain the information from the investigating agency simply with reference to that file number. There may be a small charge for the report. Be sure to request that all written statements gathered by the investigating officer at the time of the investigation be included with the report.

The Jones Act is a body of federal law which allows a worker to sue his employer for negligence. Normally, an employee cannot sue his employer even if the employer or a co-employees was at fault in causing your injury. The Jones Act is different. If you qualify as a Jones Act seaman, you can file suit against your employer for its or a co-employees negligence. For instance, under the Jones Act, an employer has a duty to provide its employees with a safe place to work. So, if a worker is injured, because his employer failed to furnish a safe work place, the worker may be able to recover such damages as described below. Another example is when one of your co-employees commits a negligent or intentional act that causes you harm. Your employer will most likely be responsible for the actions of the negligent co-employee. In many cases, the injured oilfield worker has at least two other claims which he can make with his Jones Act claim; namely, that his injury was caused by the unseaworthiness of the drilling rig, ship or other vessel on which he was working at the time of his injury, and, further, that he is entitled to maintenance and cure.

Because the rights of a victim of a maritime accident depend dramatically on the classification of the vessel involved and the status of the victim as a seaman or passenger, the rights of a victim must be analyzed carefully by an experienced maritime attorney. Rights of maritime victims can vary dramatically depending upon whether the victim is an employee of the operator of the vessel, a passenger or a member of the crew of the vessel and can even depend upon which federal jurisdiction (court) governs the area in which the accident occurred. Most importantly, the body of law may be different depending on if you are a Jones Act seaman or a Longshoreman. If you are injured as a result of the actions or condition of a vessel, you should contact a highly experienced maritime attorney to determine what body of laws protects or creates your rights.

You have three years to file suit or settle your claim under the Jones Act, or the General Maritime Law of the United States. However, it is never a good idea to wait to consult an experience maritime attorney to discuss your rights. Remember the consultation is fee. Early investigation into the facts of your case may make the difference between winning and losing. It is extremely important that all physical evidence be collected and saved, all witnesses are identified and photographs of the scene taken at or near the time of the accident/injury. In the confusion that often follows an accident, the help and advice of an experience maritime attorney can be critical to ensuring you are treated fairly and receive just compensation.