yOur lake charles Injury Lawyers

Accidents can happen in an instant, leaving victims to deal with unexpected and often overwhelming consequences. From minor inconveniences to life-altering injuries, the impact of an accident can disrupt your life. The physical pain, emotional trauma, and financial strain can feel insurmountable. However, Louisiana personal injury laws are designed to protect those who were injured due to another’s carelessness. A skilled Lake Charles injury lawyer can help you obtain the compensation you deserve.

Most Common Types of Accidents in Lake Charles, LA

Lake Charles residents are unfortunately all too familiar with the accidents that can happen thanks to its busy streets, industrial activity, and proximity to major highways. Understanding the most common types of accidents in Lake Charles can help residents and visitors know when they might require legal assistance to obtain compensation. Here are some of the most common types of accidents in Lake Charles and Calcasieu Parish:

Car Accidents

With I-10 running through the heart of Lake Charles and busy local roads like Ryan Street and Prien Lake Road, car accidents are unfortunately common. While most people who get in a car accident can walk away from it, others aren’t so lucky. A devastating car accident could cause catastrophic injuries that could require extensive medical attention or even cause death. Calcasieu Parish saw 28 fatalities related to car accidents in 2023, according to the Louisiana State University Center for Analytics & Research in Transportation Safety. Some of the most common types of car accidents in Lake Charles are:

• Rear-end collisions: Commonly caused by tailgating or sudden stops, rear-end accidents can cause whiplash and other neck injuries.
• T-bone accidents: These tend to happen at intersections when someone is speeding or runs a red light. These side-impact crashes can be particularly dangerous for passengers.
• Head-on collisions: While less frequent, these accidents are usually very severe. The head-on impact can easily cause major blunt-force trauma.
• Drunk driving accidents: Despite strict laws, impaired driving remains a significant problem. Driving while under the influence can lead to reckless behavior and poor decision-making on the road.
• Distracted driving crashes: With smartphones everywhere, distracted driving has become a major concern. Texting while driving, even if only done for a few seconds, can be enough to cause a severe car accident.

Commercial Vehicle Accidents

Lake Charles’ position as an industrial hub means commercial vehicles are a common sight on its roads. Accidents involving large trucks, delivery vans, or other commercial vehicles can be particularly devastating because of their size and weight. Factors like driver fatigue, improperly loaded cargo, and inexperienced drivers often contribute to these accidents. 

When it comes to filing a truck accident lawsuit in Lake Charles, it’s always a good idea to work with an experienced attorney. These lawsuits tend to be complex, as they involve the driver, the trucking company, and insurance providers. Having experienced legal representation on your side will help you overcome any red tape the negligent parties try to use to stop you from getting the compensation you deserve.

Motorcycle Accidents

Lake Charles is a popular place for motorcyclists thanks to its pleasant weather and beautiful scenery. However, this also means it’s a hotspot for motorcycle accidents. These crashes can be catastrophic, as the lack of protection for riders can lead to severe injuries like head trauma, spinal cord injuries, and road rash. If you’ve been injured in a motorcycle accident in Lake Charles, then you deserve a skilled attorney on your side who understands the unique challenges of these cases.

Bicycle Accidents

Bicycle accidents are very common, especially on busy streets where drivers may not be used to sharing the road with cyclists. These accidents can cause serious injuries for cyclists, who have little protection against larger vehicles. Common causes of bicycle accidents are:

• Failing to yield the right of way
• Opening car doors without checking for cyclists
• Distracted driving
• Improper lane changes
• Poor road conditions

Pedestrian Accidents

Lake Charles’ walkable areas, particularly around downtown and near McNeese State University, see their share of pedestrian accidents. They often happen at crosswalks or intersections where drivers fail to yield to pedestrians. The share of pedestrian fatalities in car accidents is on the rise statewide, with over 20% of fatalities in 2022 belonging to pedestrians, compared to just over 19% in 2021. 

Boat Accidents

From the Calcasieu River to Lake Charles itself, boating is extremely popular around here. However, this also means boat accidents are pretty common. The Louisiana Department of Wildlife and Fisheries reported a total of 29 boating fatalities in 2022 across the state, making this an unfortunately dangerous activity. Common types of boating accidents in Lake Charles include:

• Collisions with other vessels: Can happen when the operator is distracted or looking the wrong way.
• Collisions with fixed objects: Boats can crash into docks, buoys, or submerged objects.
• Falls overboard: Anyone can fall overboard due to rough water, sudden boat movements, or passenger carelessness.
• Capsizing: Particularly dangerous in smaller boats, often due to overloading or bad weather.
• Propeller accidents: These parts can cause severe injuries to swimmers or those who have fallen overboard.

Aviation Accidents

While less common than other types of accidents, aviation accidents do happen in and around Lake Charles, given the presence of Lake Charles Regional Airport and Chennault International Airport. Types of aviation accidents that may occur in Lake Charles include:

• Private plane crashes
• Commercial airline incidents
• Helicopter accidents 
• Airport ground accidents
• Air traffic control errors

Construction Accidents

Lake Charles’ ongoing development and industrial growth mean construction sites are a common sight. The Occupational Safety and Health Administration (OSHA) sets and enforces strict standards to promote safe working conditions in the construction industry. However, construction remains one of the most dangerous industries, with or without OSHA violations.

Common types of construction accidents in Lake Charles include:

• Falls from heights
• Falling object injuries
• Electrocutions
• Crushing accidents
• Trench collapses

Construction accidents are some of the most common types of personal injury accidents. They generally involve workers’ compensation claims, third-party liability, or product liability issues, which could complicate the recovery process. If you’ve been injured in a construction accident in Lake Charles, then you should work with an experienced construction accident attorney to pursue compensation.

Bus Accidents

Accidents involving buses, including city buses and school buses, can result in multiple injuries due to their size and passenger capacity. Common causes include driver error, poor maintenance, and road conditions. Depending on the situation, bus accidents can be complex when they involve government entities and multiple liable parties.

Premises Liability Accidents

These accidents happen when a property owner fails to maintain safe conditions for visitors. In Lake Charles, this could include slip and falls at local businesses, injuries at recreational facilities, or accidents in poorly maintained apartment complexes. Property owners have a legal responsibility to their guests, including confirming that their premises are reasonably safe for visitors and warning of known hazards. A premises liability lawyer can help you fight for compensation if you were injured on someone else’s property.

Product Liability Accidents

If you were injured due to a defective product, then you may be able to demand compensation from manufacturers or sellers. These cases might involve faulty industrial equipment, defective consumer goods, or dangerous medications. Product liability claims can be based on design defects, manufacturing flaws, or inadequate warnings. These cases generally require expert testimony to prove the product’s defect, so it’s best to work with a skilled product liability attorney who can help you secure a fair settlement or award.

Other Accidents

Lake Charles residents and visitors should also be aware of these other types of accidents:

• Industrial accidents: Given Lake Charles’ strong industrial sector, workplace accidents in refineries, chemical plants, and manufacturing facilities can happen. 
• Oil and gas accidents: The energy industry has a large presence in Southwest Louisiana. Unfortunately, this means that accidents related to oil and gas extraction, transportation, and processing can happen.
• Railroad accidents: Lake Charles’ position as a transportation hub means train accidents, including derailments or collisions at crossings, are possible.
• Dog bites: These incidents can lead to severe injuries, especially for children.
• Drowning accidents: With many bodies of water in the area, swimming pool accidents and drowning in natural water sources aren’t uncommon.
• Sports and recreation accidents: Injuries during organized sports or recreational activities sometimes involve negligence.

Most Common Types of Injuries in Lake Charles, LA

Lake Charles, with its blend of industry, recreation, and urban living, sees many types of accidents that can lead to serious injuries. From offshore oil rig incidents to car crashes on I-10, residents and visitors alike are vulnerable to many kinds of injuries. Some of the most common accident injuries in Lake Charles are:

• Brain injuries: Traumatic brain injuries (TBIs) happen for all kinds of reasons, from falls at industrial sites to car accidents on busy roads like Highway 14. These injuries range from mild concussions to severe trauma, potentially affecting cognitive function, personality, and motor skills. The presence of petrochemical plants in the Lake Charles Manufacturing Complex also means some brain injuries may result from exposure to toxic substances. 
• Spinal cord injuries: These can happen due to anything from a car accident to a heavy machinery accident. A spinal cord injury can lead to partial or full paralysis, which may require extensive medical care and significant lifestyle changes.
• Broken bones: Fractures are common in many types of accidents, including minor ones like slip and falls. While some breaks heal relatively quickly, complex fractures can require surgery and long-term rehabilitation.
• Burns: Burn injuries are particularly concerning given Lake Charles’ proximity to refineries and chemical plants. These can range from chemical burns in industrial accidents to thermal burns from explosions or fires.
• Respiratory injuries: These types of injuries are common in areas with a strong industrial presence, like Lake Charles. These injuries also tend to develop slowly over time, making them hard to detect and treat.
• Psychological trauma: Suffering from a severe accident can lead to psychological injuries, including PTSD, anxiety, and depression. 
• Crush injuries: These occur when a worker is caught between or under heavy equipment. Crush injuries can cause severe tissue damage, broken bones, and even amputation.
• Repetitive stress injuries: While these injuries are often associated with office work, offshore workers and manufacturing employees can suffer from conditions like carpal tunnel syndrome or tendonitis due to repetitive motions.
• Chemical exposure injuries: Beyond immediate burns, long-term exposure to chemicals in Lake Charles’ industrial areas can lead to chronic health issues. These might include lung diseases, skin conditions, or even certain types of cancer.

Types of Compensation Available After an Injury in Lake Charles, LA

When you’re hurt in Lake Charles due to someone else’s negligence, Louisiana law provides a few ways for you to obtain financial compensation. Understanding the types of compensation available can help you pursue a fair settlement. These are the potential damages you may seek in a Louisiana personal injury lawsuit:

Economic Damages

These cover quantifiable financial losses from the injury. They include: 

• Past and future medical expenses
• Lost wages
• Reduced earning capacity
• Property damage
• Rehabilitation costs
• Out-of-pocket expenses related to the injury

Economic damages are generally straightforward to calculate, as they’re based on actual costs and projected future expenses.

Non-Economic Damages

Non-economic damages address the intangible impacts of your injury that don’t have a specific monetary value. They include:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium
• Disfigurement or scarring

While harder to quantify, non-economic damages often make up a significant portion of personal injury settlements and awards.

Punitive Damages

Unlike other damages, punitive damages are not meant to compensate the victim. Instead, punitive damages may be awarded to punish the wrongdoer for particularly egregious behavior. In Louisiana, these are only awarded in cases of extreme negligence or intentional misconduct. They are rare in personal injury cases but can increase the overall compensation significantly when awarded.

Proving Negligence in Lake Charles Personal Injury Lawsuits

In Lake Charles, as in the rest of Louisiana, establishing negligence is the most important step to winning a personal injury lawsuit. The concept of negligence forms the foundation of most injury claims, so the importance of understanding its components cannot be overstated. To prove negligence in a Lake Charles personal injury lawsuit, you must demonstrate the four elements of negligence:

1. Duty of care: You must show that the defendant had a legal obligation to act reasonably to prevent harm. For example, a store owner must take reasonable precautions to guarantee that patrons will be safe when visiting the store.
2. Breach of duty: You must establish that the defendant failed to meet this obligation. For example, if the store owner knew about a broken step and failed to fix it in a reasonable amount of time, then they could be responsible for any injuries due to that step.
3. Causation: You must demonstrate that the defendant’s breach directly led to your injuries. This involves showing that your injuries would not have happened had it not been for the defendant’s negligence.
4. Damages: Finally, you will have to show that you suffered actual losses, such as medical expenses, lost wages, or pain and suffering.

Statute of Limitations in Lake Charles Personal Injury Lawsuits

The statute of limitations in Lake Charles, as in the rest of Louisiana, is one year from the date of the injury. This means you must file a lawsuit within 12 months or you may lose your right to seek compensation. Some exceptions to this rule are:

• Cases involving minors have extended deadlines.
• In medical malpractice cases, the clock starts from the date you discover the injury.
• Claims against government entities may have shorter notice requirements.

Can I Recover Compensation if I’m Partially at Fault for My Lake Charles Injury?

Yes, you can still recover compensation in Lake Charles and throughout Louisiana if you played a role in causing your injury. Louisiana follows a “pure comparative fault” system, which means that responsibility may be allocated proportionally. Here’s how it works:

• You can pursue a claim regardless of your level of fault
• Your compensation will be reduced based on your percentage of responsibility

For example, if a judge determines that you are 40% responsible for a workplace accident, you would still be able to recover 60% of the awarded damages. 

Steps To Take After an Accident in Lake Charles, LA

If you were involved in an accident in Lake Charles, you should be very careful with what you do immediately after. The actions immediately following an accident can impact your health and ability to pursue financial compensation in the future. Here’s what you should do:

1. Seek safety: If possible, move to a safe location to prevent further harm. This is especially important if you were injured on busy highways like I-10 or Highway 14.
2. Call the authorities: Call 911 to alert the Lake Charles Police Department. The police will file an official report for you, which is crucial if you decide to pursue compensation in the future.
3. Seek medical attention: Even if you feel fine, you should get a full medical evaluation. Some injuries aren’t visibly apparent, and others take days or even weeks to manifest.
4. Document the scene: Take photos and videos of the accident site, any visible injuries, and property damage.
5. Gather information: Exchange contact and insurance information with all parties involved.
6. Identify witnesses: Get contact information from anyone who saw the accidents. Although it might seem trivial now, their testimony could make the difference between a successful and an unsuccessful personal injury lawsuit.
7. Call your insurance company: Notify your insurance company about the accident. Always stick to the facts and avoid admitting fault or talking too much without an attorney.
8. Keep detailed records: Save all documents related to the accident, including medical bills, repair estimates, and any correspondence with insurance companies.
9. Call an attorney: Before accepting any settlement offers, speak with a skilled Lake Charles personal injury attorney. They can evaluate your case, explain your rights, and help you fight for fair compensation.

How a Lake Charles Personal Injury Lawyer Can Help

Being involved in an accident can be overwhelming. From dealing with insurance companies to understanding Louisiana’s complex legal system, the challenges can seem too big to overcome. This is where having experienced representation on your side becomes invaluable. Hiring a personal injury attorney can:

• Provide local knowledge and expertise: A Lake Charles attorney understands the unique aspects of this community and the risks associated with it. They’re familiar with local courts, judges, and opposing counsel, which can be a big advantage in negotiations and trials.
• Conduct a thorough investigation: A skilled attorney will undertake a comprehensive evaluation of your accident. This might involve visiting the scene, whether it’s a busy intersection like Ryan Street and Sale Road or an industrial site. They’ll gather evidence, interview witnesses, and even work with accident reconstruction experts to build a strong case.
• Deal with insurance companies: Insurance adjusters are great at minimizing payouts. Your lawyer will handle all communications with insurance companies, protecting you from tactics designed to undervalue your claim. They’ll negotiate on your behalf, using their experience to pursue a fair settlement.
• Accurately value your claim: Many injury victims underestimate the full value of their claims. An experienced attorney will consider all aspects of your damages to fight for a fair settlement or award. 
• Go to trial for you: Although many cases settle out of court, sometimes a trial is necessary to secure fair compensation. An experienced attorney will not hesitate to take the negligent party to court to seek a fair compensation amount for you.
• Provide peace of mind: Perhaps most importantly, having a skilled attorney allows you to focus on your recovery. You can rest assured that a professional is handling the legal aspects of your case, fighting for your rights and working to secure the compensation you deserve.

Hire a Lake Charles Personal Injury Attorney

The outcome of your personal injury claim can change the rest of your life. Having the right legal representation can make all the difference. The skilled Lake Charles injury lawyers at Morris & Dewett know what it takes to secure a fair settlement or award for accident victims in Louisiana. Contact us today for a free consulta