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New Orleans Personal Injury Archives

Recalled Products on the Market

June 1, 2019 by Chip Cossé

Today, I want to tell you about a recent case that I had and the reason why it’s important for you in your everyday life. The case involved a child whose parents had been in a car accident. Somebody turned in front of them, and upon impact, the child was ejected from the car seat. 

The car seat was installed properly. The problem was that the latch came open and the child was ejected. When we started investigating, we found that this particular car seat had been recalled by the manufacturer. 

How To Protect Yourself And Your Family

So, today, I want to explain to you what you can do to protect yourself and your family from potentially very dangerous products that may have been recalled.

There is a website called the Consumer Product Safety Commission, and if it’s too hard to remember that, just Google “Recalled products” and it’ll bring you right to the site. 

Be Sure To Check Regularly

And it’s a good idea to set your calendar maybe to once a month or every two months to look at those products in your life that are the most essential for your safety. 

This is especially important as it relates to products for children, such as car seats because many of them have had product recalls over the years. And this is precious cargo. You want to protect your children.

So, go to the site. I find that many times, there are registration cards that they send with the products. Often, people lose them, they don’t know what they’re for, or they inadvertently throw them away. So very few people ever take the time and effort to actually register their products. 

Sometimes, it can be tracked through the distributor or the retail store where you bought it, but many times, it cannot. So, it’s a good idea to be proactive and actually do this every once in a while, and you’ll be amazed at what you see. 

Another Client Case

I had another client recently who, because I had talked to them about this, found out that a tire that they were riding on had been recalled. Thankfully, they were able to get a replacement tire that was manufactured safely. And when they examined the tire that came off the car, they said it was about to fail.

So, I feel pretty good about that. I want to pass that on to you. Of course the biggest problem is remembering to check. We’re all busy in our daily lives. How are you going to remember to do this? 

What You Should Do

I suggest you put a repeating entry in your calendar, maybe once a month, once every two months, whatever you feel comfortable with. And that way, when you see a popup on your calendar, it will be a nice reminder to go ahead and take a peek at it.

So, I really hope this helps you keep your family safe. If you have any questions, please email me at clfintake@gmail.com.

 

Filed Under: Personal Injury

WHAT HAPPENS IF YOU’RE INJURED IN INTERNATIONAL WATERS? (CAN YOU BE COMPENSATED?)

May 20, 2019 by Chip Cossé

If you’re injured by another person’s negligence – for example, in a traffic collision – you can file a personal injury claim and probably be compensated for your medical bills, lost wages, and related losses. Personal injury cases are routinely handled by the courts in all fifty states.

But what happens if you’re injured by someone else’s negligence, and you’re not in any of the fifty states? In other words, what if the incident happens in international waters?

If you’ll keep reading, you’ll learn what your rights are if you are injured by negligence in international waters, and you’ll also learn what steps to take after you’ve been injured.

AFTER A PERSONAL INJURY IN INTERNATIONAL WATERS, WHO CAN HELP?

Each personal injury claim arising from an incident on international waters is unique. This is an introduction to personal injury law as it applies in international waters, but if you’re the injury victim, you’ll need personalized advice from a reliable Louisiana injury lawyer.

“Maritime” law or “admiralty” law is the combination of international and U.S. laws regulating all contracts, torts, and personal injuries that happen on water. Maritime laws are primarily international, so the jurisdiction questions may be complicated in some personal injury cases.

If you are injured by negligence on international waters, can the negligent party be held liable? Can your rights be enforced? You’ll need to have a personal injury lawyer review the case, determine if you have grounds for legal action, and verify which nation or state has jurisdiction.

With a few rare exceptions, the personal injuries that happen in the international waters closest to the United States fall into two categories: work-related injuries and personal injuries sustained on cruise ships. Here’s a brief look at what the law provides in these situations.

HOW ARE WORKING PEOPLE PROTECTED ON INTERNATIONAL WATERS?

The Merchant Marine Act of 1920, known also as the “Jones Act,” is the federal law that establishes the right of maritime workers to receive compensation for job-related injuries arising from negligence.

It’s not worker’s compensation. The law allows U.S. maritime workers to bring personal injury actions against ship owners and other employers based on claims of negligence. However, the Jones Act doesn’t cover everyone who works on a boat or a ship.

WHO AND WHAT IS COVERED BY THE JONES ACT?

To bring a personal injury lawsuit under the Jones Act, at least thirty percent of your employment hours must be on a vessel at sea. The Jones Act covers:

  1. slip-and-fall injuries linked to gas or oil
  2. injuries caused by poor maintenance of a vessel
  3. injuries caused by defective or negligently maintained equipment
  4. injuries caused by an employer’s failure to provide sufficient training
  5. intentional assaults by coworkers or employers

Personal injury lawsuits under the Jones Act may be brought in a U.S. federal court or in a state court. Defendants typically prefer taking the case to a state court, where a jury can try the case if no out-of-court settlement is available. In a federal court, a judge alone will decide the matter.

IS THERE A TIME LIMIT FOR LEGAL ACTION UNDER THE JONES ACT?

The statute of limitations for filing a personal injury claim under the Jones Act is three years from the date of your personal injury or injuries. After three years, no court will hear your case. That doesn’t mean, however, that you can take your time about seeking legal assistance.

If you’re injured while working on a ship, and if you believe that your injury is covered by the Jones Act, speak at once with a New Orleans personal injury attorney who has experience with Jones Act cases.

Don’t wait three years – or even three weeks – to begin seeking the compensation you need.

WHAT IF YOU’RE INJURED ON A CRUISE SHIP?

A personal injury case arising from an accident on a cruise ship is going to have legal complications from the start. Liability for personal injuries on a cruise ship may be restricted by the conditions and terms printed on the ticket.

When you purchase a cruise ticket, you are agreeing to a contract that spells out nearly every detail of a passenger’s relationship with the cruise line, including where you may file a personal injury claim if you are injured on the cruise.

It won’t matter where the ship is registered or even where the injury occurred. A personal injury action against a cruise line must be filed in the court named in the contract. For Royal Caribbean and Carnival Cruise Lines, that location is the Miami Federal Court.

HOW DO INJURIES HAPPEN ON CRUISE SHIPS?

Cruise ship passengers can sustain a variety of injuries. When spilled liquids aren’t cleaned up swiftly, and when walkways are cluttered or lit poorly, passengers are at risk. Injuries can happen when passengers enjoy the water slides and pools. Another risk is food poisoning.

When a cruise ship’s electricity and plumbing fail, every passenger’s health is at risk. If you’re injured as a passenger, take photographs and gather any physical evidence that may be pertinent.

If you fill out an accident report form for the cruise line, make several copies for yourself. That document could become evidence in a personal injury case. If witnesses saw the accident that injured you, find out how to contact those persons. You may need their testimony or statements.

WHEN SHOULD YOU CONTACT AN ATTORNEY?

Then, speak to an experienced New Orleans personal injury attorney as quickly as possible. In fact, if you’re able to speak with the attorney while you’re still on the ship, you’ll probably receive important advice.

If a cruise line or insurance company offers you a quick settlement before you’ve consulted an attorney, don’t accept it. Quick settlement offers are invariably low settlement offers. A Louisiana personal injury lawyer can usually negotiate a much better settlement on your behalf.

Do not accept any settlement offer from a cruise line or from an insurance company until you have been advised by an experienced accident attorney.

WHAT ARE YOUR RIGHTS IF YOU ARE INJURED ON A CRUISE SHIP?

If the cruise line, its owners, or its employees were negligent in a way that directly caused your personal injury or injuries, you have the legal right to be compensated for your medical expenses, lost wages, personal pain and suffering, and all related losses and damages.

If you were injured on a cruise ship, you must contact an injury attorney at once, because federal and state statutes of limitations may not apply. The contract you agreed to with the cruise line – the one printed on your ticket – may restrict the amount of time you have to take legal action.

If you are injured by negligence in an accident that takes place in international waters, and if you are a U.S. citizen or a lawful permanent resident, it’s extremely unlikely that a foreign nation will have jurisdiction. Nevertheless, every case is different, so you’ll need personalized advice.

After an injury caused by negligence, you could find yourself unable to work – at the same time you are dealing with unexpected medical bills. You’ll need to be compensated. A good lawyer’s help is your right, but it is up to you to exercise that right, take the first step, and make the call.

Filed Under: Personal Injury Tagged With: cruise ship injuries, Louisiana injury lawyer, Louisiana personal injury attorney, personal injuries in international countries

Four Things Your Doctor Needs To Know

April 20, 2019 by Chip Cossé

 

Four Things Your Doctor Needs To Know

Today, I want to talk to you about a case that I had recently where the client was in a deposition and was being questioned by the other attorney. And what the client was telling them didn’t really seem to jive with the medical records when they then later deposed the medical doctor.

The Trouble With Electronic Medical Records

And what we found out in that deposition is that with the new electronic medical records requirements, many times those systems will default and always, for each visit, list whatever the original complaints were. 

Well, that’s not really realistic, because over time, your pain changes, It gets better, it gets worse, whatever. You have to make sure you let your doctor know that. 

How To Make Sure Your Doctor Is Well-Informed

So I’m going to give you a trick for making sure that your doctor is as well informed as he or she can be. This means that any diagnosis and treatment plans can be modified along the way to ensure that you get the best recovery because your doctor is properly informed.

The Four Factor System

There are four factors. I’m going to go through them one at a time. Every time you see your doctor, whether it’s related to one specific body part or each one, you want to make sure that you relate to the doctor these four factors for each of the various body parts that are negatively affected or that are injured or hurting. 

The Nature Of The Pain

The first one will be the nature of the pain. Each time, tell that doctor whether it’s burning, a tingling, numbness, a shooting pain, or whatever. Describe exactly what type of pain it is to the doctor.

The Intensity of The Pain

The next one involves the famous 0 to 10 pain scale, with 0 being no pain at all, and 10 being the most excruciating pain you’ve ever endured. Let the doctor know where you are on the scale with regard to each injury. 

Frequency and Duration

Third, consider the frequency of the complaints. How often are you suffering from this issue for each body part? Is it once a day? Is it twice a week? Is it four times a month? 

The final or fourth factor is the duration of the pain, and that means when the pain comes, how long does it last? Is it 30 seconds or 3 hours?

The Benefits of Being Proactive

What you’re doing there is being proactive about letting that doctor have the opportunity to compare each visit to determine how your pain is changing and whether it’s getting better or worse. 

That way, the doctor can then modify your treatment plan, modify the exercises that you’re doing, and focus on the more serious problems to help you get an overall faster and better resolution of your symptoms.

I really hope that this information helps you. If you have any questions, email me, clfintake@gmail.com.

Filed Under: Personal Injury

How to Get Rid of High Insurance Rates

March 22, 2019 by Chip Cossé

 

Today, I want to talk to you about another way you can reduce your insurance premiums. And this would apply whether it’s automobile insurance, homeowner’s, or whatever. 

The Insurance Companies’ Business Model

As you know, insurance companies have a very clear business model. Basically, the premiums that they charge you are based on the amount of risk that they’re going to undertake. 

So it’s a good idea for you to be proactive and let your insurance company know what steps you’ve taken to reduce their risk, which will thereby reduce your premiums.

How To Reduce Your Car Insurance Premium

Let’s talk about your car. Does it have any particular safety features? These days, some cars will automatically hit the brakes if they sense a collision. Your insurance company won’t always ask you whether you have that feature. You need to be proactive and let them know if you do. 

The same is true if you have any kind of special computerized features on your car that can help avoid accidents. Always be sure to let them know.

Lower Your Homeowner’s Insurance Premium

On the homeowner’s side, your rates can be affected by whether or not you have a security system, whether or not you have security cameras, and whether or not they’re monitored. 

They are also affected by whether or not you have electronic door locks or something they call bump proof keys, where people can’t just use those little tools and pick your locks. 

The biggest thing I want to let you know about, especially if you live in the New Orleans area, is this. I’m sure you’ve seen those little lights on top of the poles around town that flash red and blue. Those are crime cameras and they are run by what’s called the Real Crime — I mean, the Real-Time Crime Center.

The Real-Time Crime Center’s Program

I’ve been fortunate enough to visit that Center and find out about the program they have, and it’s incredible. They don’t have enough cameras around town. And so they’re trying to get people that do have security cameras on their system. 

This allows those people to be monitored by the police and get faster police response times. And it also gives the city a free way of jumping onto their camera systems to monitor more areas of the city.

I think you can do it for free. Either that, or there may be a very minimal cost just for the setup of it to get you hooked into their system. But if you do that, and I’m in the process of doing it right now myself, make sure you let your insurance company know that you’re being monitored by the New Orleans Police Real Time Crime Center. That may also bring your premiums down.

So you can see from just a few examples that if you comb through the security features that you have in your life, make sure to let your insurance companies know about them. Don’t rely on them to ask you. I hope this is helpful.

Filed Under: Personal Injury

Disability Insurance

March 22, 2019 by Chip Cossé

 

As you know, I’m a personal injury attorney in New Orleans, and one of the things I’ve come across many times over the years is disability insurance. 

What Is Disability Insurance?

What exactly is disability insurance? If you are working and you are injured in some fashion, whether it’s through another person’s fault or not, and you can no longer work, then this policy pays you a sum of money while you’re disabled. So, there are a couple of factors that are very important to know about disability insurance.

The Amount Of Coverage

The first thing you need to know is the amount of the coverage payment should you have to make a claim. And you always want to make that payment equal to what your current income is, after taxes. 

So whatever your net income would be that you normally live on, you want the coverage payment to match it. Now as your income level increases or decreases, you can change the policy from year to year. That’s not a big deal.

The Definition Of Disability

The second factor is the biggest factor, and it’s really where the rubber meets the road. It’s called the definition of disability. 

So when you’re going to buy a policy, it’s always very important to look at an example of that policy and specifically at the definition section. That’s the way insurance policies are written. 

They have definitions that will apply to the policy itself. And then it will also give all the provisions, what’s covered, what’s excluded, and things like that. But in that very first section of definitions, it’s going to say “Definition of Disability.” This is huge.

The Problem With Cheaper Policies

Cheaper policies define disability to mean that you can’t work at all. In many cases, this is not going to be the case. So, for example, if you are a mechanic at a car dealership, and you could theoretically go flip hamburgers, then that definition of disability will not be met and you will be excluded from any sort of claim. 

And if that’s the case, it can be very tragic for you and your family because you’re going to go from a very high-income level to very little or even no coverage.

Why You Should Consider An Own Occ Policy

So what you want to do, especially if you have any specialized training or you’re highly educated, and perhaps have a graduate degree, for example, a Ph.D., you want to get what’s called an Own Occ policy. 

This essentially means that the definition of disability will read that if you cannot perform the essential functions of the job for which you were educated and trained, then the disability provision provides coverage. This will leave you in a much better situation. 

The bad part about that is that since those policies are going to be made payable a lot more often, the premiums for those are going to be higher.

Now I know everyone looks at insurance as a big soccer bet, but if you need it, it’s good to have it in place. So if you have any questions, please give me a call or email me at clfintake@gmail.com.

Filed Under: Personal Injury

Lowering Your Insurance Premiums

March 19, 2019 by Chip Cossé

Everyone hates to pay insurance premiums because they have much better things to spend their money on. Their children can be very expensive, and they also have other things that are generally more important to them, things such as grocery bills, tuition, good things like that. 

So here are a few easy ways to reduce your premiums. The one that most people miss is increasing their deductibles.

What Is A Deductible?

Let’s say you’ve been involved in an accident, and let’s say there’s going to be a payout for your property damage. You will be responsible for a certain amount of that, a certain dollar amount, and that’s your deductible. It’s the amount that’s deducted from what the insurance company pays. 

Most people like to keep their deductible low so that they don’t come out of pocket. I say that’s a bad idea. The reason why is because depending on your circumstances, you might want to consider increasing your deductible. 

How Increasing Your Deductible Can Save You Money

Consider how many people you have in your home that are covered under the policy, and how many miles each of them drives in a given year. You can assess all of that and determine whether or not an increase in your deductible is a good idea.

Now, why would anybody want to do that? Insurance companies are going to make their money, one way or the other. If something goes up, another thing goes down. The same thing holds true when it comes to the relationship between your deductible and your insurance premium. 

What You Should Do

Take pen to paper and do the math, and see if you think increasing your deductibles is a good idea. So when you’re going to buy insurance or even if you have a pending policy right now, call your insurance agent. 

Ask them, “Now, my deductible is $250. What if I go up to $500? What if I go up to $1,000? What if I go up to $2,500?” Then make a decision depending on what you can afford, under your circumstances, if something bad happens. 

You may be astounded to find out that doubling your insurance deductible from $250 to $500 may reduce your annual premiums by $2,000. So if you can go a year without any casualty losses or accidents, those savings are going to go right into your pocket.

I would suggest you do that and see how high you can get that deductible to where it’s comfortable for you and reduces your premiums in a meaningful way. If you have any questions, please write me at clfintake@gmail.com. I’ll be happy to answer any of your questions.

Filed Under: Personal Injury

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I met with Chip and Alex. They were amazing! The whole staff is very friendly and professional. Their office is inviting not stuffy like most lawyers. I always felt at ease when I met with them. They handled a difficult car accident case for me. They guided me through the process with ease always making sure my needs were met. I as their client was there first priority. I would recommend this team to anyone needing legal assistance.

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Chip and his staff are always very humble and professional. They treated me as if I were the only client they had. I must have called their office 100 times over the course of my case and I was never treated as a bother. I will always bring any and all my cases to them. The best hands down. Thank you for your professionalism.

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They took care of me and treated me like family. When I had questions or concerns they were there to explain certain things to me. When I needed help with a bill or anything they had my back. I'm comfortable with them as my lawyers with any situation.

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New Orleans, LA
 

The staff was awesome and made my horrible accident a pleasurable breeze to deal with. Highly recommended.

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New Orleans, LA
 

Honest, professional, and does exactly what he promise one of the best Attorneys that I've ever , I would recommend him to family and friends.

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Earlpoolman1
New Orleans, LA
 

I can honestly say that Chip Cossé of Cossé Law Firm, is one of the best personal injury attorneys that I've ever had the pleasure of working with. He handled my case with professionalism and got me great results. All while treating me like family and not just another case or dollar sign. I would recommend Cossé Law Firm to anyone who has had the unfortunate experience of being in an accident, they will work hard for you because they actually care!

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