Cox, Cox, Filo, Camel & Wilson https://www.coxcoxfilo.com Personal Injury Attorneys, Lake Charles, Louisiana Mon, 27 Aug 2018 20:24:30 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 When Do Defective Products Get Recalled? https://www.coxcoxfilo.com/when-do-defective-products-get-recalled/ Mon, 27 Aug 2018 20:18:11 +0000 https://www.coxcoxfilo.com/?p=995 Defective products and recalls are not synonymous terms: the former is often the result of an absent or ineffective recall; the latter is a process initiated by a manufacturer when a product poses a public safety risk. Below, the personal injury lawyers from Cox, Cox, Filo, Camel & Wilson explore the differences between product recalls […]

The post When Do Defective Products Get Recalled? appeared first on Cox, Cox, Filo, Camel & Wilson.

]]>
Defective products and recalls are not synonymous terms: the former is often the result of an absent or ineffective recall; the latter is a process initiated by a manufacturer when a product poses a public safety risk.

Below, the personal injury lawyers from Cox, Cox, Filo, Camel & Wilson explore the differences between product recalls and defective products, how to avoid dangerous products, and what to do if a defective product causes injury.

Product Recall vs. Defective Product

A product recall is a request from a manufacturer to return a product after a safety risk or product defect has been discovered.

Recalls are used to ensure public safety and to reduce the risk of legal action against the product seller or maker.

Product recalls articulate a clear and distinct danger, whereas product defects don’t always pose a public threat.

For example, software patches are used frequently to fix defects in popular phones and tablets. However, these defects pose no risk to public safety. Therefore, a defect may not require the recall of a product.

Government agencies like the Food and Drug Administration (FDA), the Department of Agriculture (USDA), and the Consumer Product Safety Commission (CPSC) provide oversight and encourage recalls when a manufacturer isn’t aware of a problem.

Once a safety risk has been identified, the recall process begins.

How Does a Recall Work?

A recall is typically a voluntary process initiated by the manufacture, but often encouraged by a government agency.

A recall involves informing the public and removing the product from retail. A recalled product can’t be sold lawfully, and manufactures must remedy previous purchases with refunds, exchanges, or repairs.

The media is commonly used to distribute information about dangerous recalls. However, not every recall makes it into the news.

Fortunately, recalls are tracked online by various agencies and organizations:

The Louisiana Department of Health is another way to stay informed about local recalls and other dangers that affect our communities.

The best way to avoid defective products is to stay informed. Never purchase a product that’s been recalled, and check databases for updates on important consumer protection information.

Defective Product Injuries

People injured by a defective product may be eligible for compensation under product liability laws. Product liability claims help victims recover damages for things like medical bills and lost income.

Viable product liability cases typically include one of three defect categories:

  • Design defect – when the injury was caused by a flaw in the product’s design
  • Manufacturing defect – when the product suffers a manufacturing error like a missing part
  • Labeling defect – when the product failed to clearly mark warnings associated with normal use of the product

However, a product recall isn’t necessarily proof that a product manufacturer is liable; but a recall doesn’t necessarily alleviate them of fault, either.

When lots of people are injured by a product, claims are often rolled into a mass tort action or class action lawsuit.

Product liability laws are complex and require the expertise of an experienced attorney. If you have questions about a product-related injury, call our Louisiana injury lawyers at 377-240-9349, or contact us online.

Get the information you need to live a safe and happy life. ‘Like’ Cox, Cox, Filo, Camel & Wilson on Facebook for safety updates and relevant legal news.

The post When Do Defective Products Get Recalled? appeared first on Cox, Cox, Filo, Camel & Wilson.

]]>
Avoiding Burn Injuries: 4th of July Safety Tips [Infographic] https://www.coxcoxfilo.com/4th-of-july-safety-tips-infographic/ Mon, 02 Jul 2018 21:24:25 +0000 https://www.coxcoxfilo.com/?p=640 In addition to knowing what types of fireworks are legal in Louisiana, the safe handling of fireworks is critical to personal safety. Make this Fourth of July a fun and safe event for the whole family! Review state laws and safety tips below. Louisiana Fireworks: Rules & Regulations The selling period for fireworks in Louisiana […]

The post Avoiding Burn Injuries: 4th of July Safety Tips [Infographic] appeared first on Cox, Cox, Filo, Camel & Wilson.

]]>
In addition to knowing what types of fireworks are legal in Louisiana, the safe handling of fireworks is critical to personal safety. Make this Fourth of July a fun and safe event for the whole family! Review state laws and safety tips below.

Louisiana Fireworks: Rules & Regulations

The selling period for fireworks in Louisiana begins on June 25 and ends July 5. Fireworks are also available December 15 through January 1.

According to Louisiana statute, pyrotechnic fireworks are not permitted for individual use, sale, or purchase. However, there’s a list of permissible fireworks that individuals can safely, and legally, enjoy in Louisiana.

Permissible fireworks include Class “C” (consumer fireworks) as defined by the Department of Transportation and the Consumer Product Safety Commission.

Examples of legal fireworks include (but are not limited to):

  • Spark/showering devices
    • Cone or cylindrical fountain
    • Flitter sparkler
    • Ground spinner
    • Illuminating torch
    • Wheel devices
    • Toy smoke
  • Aerial devices
    • Helicopter aerial spinner
    • Mine or shell
    • Roman candle
    • Bottle rockets
  • Audible devices (ground or aerial)
    • Firecracker
    • Multiple tube fireworks

Louisiana cities, counties, and perishes may have stricter rules on fireworks. For example, Lake Charles bans the use of all fireworks, unless permits are obtained for professional displays.

In Lafayette, the city allows permissible fireworks, but there are time restrictions on when they can be used.

Get to know your local laws before you buy and use any firework in Louisiana. Violators will be fined; fines increase for subsequent offenses.

Firework Safety Tips

Fireworks are a big part of Fourth of July celebrations, and burn injuries are particularly common around this time.

According to the U.S. Consumer Product Safety Commission, in 2016, fireworks caused 11,100 hospital visits and four deaths—the vast majority of these incidents occurred in July.

Even sparklers can be dangerous. Knowing how to safely handle fireworks is important if you want to avoid injury and potential property damage.

4th of July safety

How to avoid burn injuries:

  • Choose fireworks that are appropriate for the area you’ll be using them in.
  • Always purchase ready-made fireworks; avoid kits that require assembly.
  • Read labels and follow directions carefully.
  • Supervise children around fireworks at ALL times.
  • Light one firework/device at a time.
  • Always point fireworks away from people.
  • If a firework doesn’t seem to work, don’t go over to it or attempt to relight it. Stand back for a while. If you can reach it with a hose or bucket without getting too close, douse it with water.
  • When lighting fireworks, always keep a bucket of water or fire extinguisher nearby.
  • Stay away from dry grass or brush when lighting fireworks.
  • Soak all fireworks in a bucket of water before throwing them away.
  • Keep your dogs in a safe place. Fireworks stress them out, and that can lead to injuries.

 

If you follow local laws and exercise caution when handling fireworks, you should have no problem enjoying a bit of sparkle at your next Fourth of July event.

Remember, local laws vary. Check your city’s municipal code for specific details about permissible fireworks.

If you find yourself injured by a negligent party-goer, call the personal injury lawyers at Cox, Cox, Filo, Camel & Wilson for relief.

Got questions about an injury? Call our Lake Charles office at 337-240-9349, or contact us online.

The post Avoiding Burn Injuries: 4th of July Safety Tips [Infographic] appeared first on Cox, Cox, Filo, Camel & Wilson.

]]>
SSD Denial: What You Need To Know https://www.coxcoxfilo.com/ssd-denial/ Thu, 31 May 2018 08:00:18 +0000 https://www.coxcoxfilo.com/?p=579 Social Security Disability Insurance, or SSD, is a government-funded program managed by the Social Security Administration (SSA). The program is funded by payroll tax contributions; it covers every employee paying into social security. However, just because you’ve been injured doesn’t automatically mean you’ll get SSD benefits. In fact, the majority of Louisiana’s SSD applicants are […]

The post SSD Denial: What You Need To Know appeared first on Cox, Cox, Filo, Camel & Wilson.

]]>
frustrated-woman-paperwork

Social Security Disability Insurance, or SSD, is a government-funded program managed by the Social Security Administration (SSA).

The program is funded by payroll tax contributions; it covers every employee paying into social security.

However, just because you’ve been injured doesn’t automatically mean you’ll get SSD benefits.

In fact, the majority of Louisiana’s SSD applicants are denied benefits during the application process—approximately 65 percent of initial claims are denied.

Rejected claims are typically the result of missing records, improper filing, or lack of legal advocacy.

If your Social Security Disability (SSD) benefits have been denied, don’t panic. Below, the social security disability lawyers at Cox, Cox, Filo, Camel & Wilson explain Louisiana’s SSD appeals process.  

Louisiana’s SSD Appeals Process Explained

The SSA usually decides an initial claim within 65 days of receiving the application.

Once decided, a letter is sent to the applicant explaining the status of the claim. The letter will contain a description of your condition, what factors and medical records were considered, and a detailed explanation of the decision—most initial claims are denied.

If the applicant is denied, they can begin the appeals process. Contrary to what you might think, appeals can have a better chance of approval than initial applications.

1.  Request for Reconsideration (Exempt Until Dec. 2018)

The first step, in the majority of states, is to apply for reconsideration. However, in 2014, Louisiana became one of 10 states selected to participate in a test model that removes the reconsideration step.

Currently, Louisiana residents are exempt from this step.

According to the SSA, modifications to the disability determination procedures will end December 2018. At this time, the determination process may include the reconsideration step. 

Call Cox, Cox, Filo, Camel & Wilson at 337-240-9349 to discuss what disability determination procedures are relevant to your claim, or learn more online.

2.  Request a Hearing with an Administrative Law Judge

As a resident of Louisiana, your first step is to request a hearing with an administrative law judge (ALJ). The request must be made within 60 days of receiving a denial letter.

A hearing with an ALJ can be requested online by sending in the appropriate paperwork or by writing a letter to your local Social Security Office:

Social Security Office Information

149 W 18th St., Suite B
Lake Charles, LA 70601

Waiting for a hearing can be a tumultuous ordeal. On average, it takes more than a year to receive a hearing, during which time medical bills and lost wages produce significant financial strain for injured workers and their families.

An experienced SSD lawyer can help ensure you receive benefits, which could include back payments from when you first became disabled.

Your hearing may include vocational experts as well as medical professionals who will offer their opinions regarding your condition. You can also bring your own witnesses to help bolster your case.

Applicants will receive the judge’s ruling letter within 30 days of the hearing. In Louisiana, about 50 percent of appeals are approved after a ALJ hearing. If your claim isn’t approved, there are two more steps to take in the appeals process.

3.  File an Appeal with the Social Security Appeals Council

If the ALJ denies your request, you’ll need to request an Appeals Council review. The request to have your case looked over by the Appeals Council must be done in writing, using a specific form.

Like before, you’ll have 60 days after receiving the ALJ’s decision to request a review by the Appeals Council.

Appeals must meet specific criteria to move forward. For example, new or additional evidence should be available to support your case and a reasonable probability this evidence would have changed the ALJ’s decision must exist.

One of three things will happen at the Appeals Council:

  • They’ll deny your request for review, in which case you must move to the next step
  • They’ll remand the case, sending it back to the ALJ for reconsideration
  • They’ll approve your original request and award you SSD benefits

In most cases, the Appeals Council chooses either the first or second option. Only a small percentage of claims are approved by the Appeals Council.

4.  Going To Federal District Court

If the Appeals Council denies your claim or sends it back to an ALJ, you’ll be granted another 60 days to file a civil complaint at a United States District Court.

At this point, you will need to hire a Louisiana social security disability attorney.

Your lawsuit will not be against the SSA directly, but rather against the current acting Social Security Commissioner. Once the complaint is filed, you will receive a court-issued summons to serve to the local SSA office.

Their lawyers will reply with an answer that elaborates on why your claim has been denied so far. You and your SSD lawyer will need to write an opening brief, the SSA will reply again, and you’ll have an opportunity to construct a reply brief.

Next, a judge will look over your case and make a final ruling, a process that can take a year or longer.

Get the Legal Representation You Deserve

Appealing a denied disability claim isn’t a simple process—it can take years of waiting to make it through a single step. Furthermore, you’ll be responsible for gathering tons of information, keeping track of countless medical records, and filling out endless paperwork.

In short, it’s not something you want to go through alone; and with Cox, Cox, Filo, Camel & Wilson on your side, you don’t have to.

Our office is proud to serve Lake Charles residents and injured workers throughout the state of Louisiana. If you’ve been injured and are no longer able to work, call us at 337-240-9349 for a FREE consultation.

If you work in Louisiana, be sure to ‘like’ Cox, Cox, Filo, Camel & Wilson on Facebook for important updates and legal news you need to know.

The post SSD Denial: What You Need To Know appeared first on Cox, Cox, Filo, Camel & Wilson.

]]>
The Cost Of Offshore Injuries https://www.coxcoxfilo.com/the-cost-of-offshore-injuries/ Mon, 07 May 2018 17:46:46 +0000 https://www.coxcoxfilo.com/?p=968 According to the Centers for Disease Control and Prevention (CDC), onshore and offshore oil and gas extraction industries have a collective fatality rate seven times higher than all other U.S. workers. Texas, Oklahoma, and Louisiana are overrepresented by oil and gas extraction fatalities; however, the public rarely hears about these accidents unless a significant disaster […]

The post The Cost Of Offshore Injuries appeared first on Cox, Cox, Filo, Camel & Wilson.

]]>
According to the Centers for Disease Control and Prevention (CDC), onshore and offshore oil and gas extraction industries have a collective fatality rate seven times higher than all other U.S. workers.

Texas, Oklahoma, and Louisiana are overrepresented by oil and gas extraction fatalities; however, the public rarely hears about these accidents unless a significant disaster occurs.

Below, the maritime injury lawyers at Cox, Cox, Filo, Camel & Wilson discuss how these devastating accidents impact families and our community.

Loved Ones Lost

Fatal Injuries in Oil and Gas

In October 2017, an oil rig exploded in a Louisiana lake just west of New Orleans. Seven offshore workers were hospitalized for burns and serious injuries.

Twenty-four hours after the explosion, the coast guard called off the search for a missing 44-year-old contractor.

The missing man, Timothy Morrison, was found several days later. In a statement from his family, Morrison was a “beloved father, husband, brother, and friend.”

When maritime workers die, dependent family members may be eligible to receive certain benefits. For example, the Jones Act or the Death on the High Seas Act (DOHS) allows surviving family members to file a lawsuit against a negligent employer.

Maritime law and compensation can’t replace a loved one, but it can pay the bills and ensure children receive adequate care. An experienced offshore injury lawyer can help navigate maritime laws that offer financial support to families.

Over a five-year period from 2007 to 2011, there were 529 fatal injuries in oil and gas industries; 62 of these deaths occurred in Louisiana.

Scott Eustis of the Gulf Restoration Network, an environmental group said: “It’s always the workers who pay. And Gulf Coast workers will pay with their bodies, their lives, their children, who will grow up without fathers.”

Maritime Injuries Run Deep

Most people remember the Deepwater Horizon disaster, an explosion that took place approximately 40 miles off the coast of Louisiana. Eleven maritime workers died, and 17 were injured.

This offshore disaster made headlines around the world because of devastating oil spills—the most significant environmental disaster in U.S. history.

This April, on the eighth anniversary of the Deepwater Horizon explosion, thousands of BP-hired cleanup workers petitioned in New Orleans following exposure to oil and toxic chemicals.

Tiffany Odoms, a widow now, says her husband was exposed to toxic chemicals on a shrimp boat near Dulac and died of multiple myeloma, a type of cancer.

“It’s not right,” Odoms said, “…to hear my baby cry…and wonder why she can’t go to heaven and visit her dad.”

More than 22,000 claimants have been paid under the 2012 class-action settlement, but the average claim only paid out $2,940. Thousands of more claimants are awaiting their day in court.

The BP oil spill dumped at least 134 million gallons of oil into the Gulf of Mexico, which spread across 1,300 miles of shoreline spanning five states. Environmental disasters impact tourism in coastal states like Texas, Louisiana, and Florida.

“It’s not consistent with our vibrant tourism, fishing, and recreation,” said Frank Knapp, president of the Business Alliance for Protecting the Atlantic Coast. “…We all saw what happened to the Gulf Coast with Deepwater Horizon.”

BP Spilled Oil Affecting five states

Rolling Back Offshore Rules

In the wake of the Deepwater Horizon explosion, smaller oil and gas extraction companies suffered after new regulations were adopted to improve worker safety and environmental controls. According to The New York Times, many of these companies oppose the new rules.

President Trump is rolling back drilling restrictions in nearly all coastal waters and limiting safety rules in the Gulf of Mexico specifically.

One investigation found that “…several of the independent companies seeking the rollback…had been cited for workplace safety violations in recent years at a rate much higher than the industry average.”

Many of these small oil and gas extraction companies are backed by Wall Street or private equity firms that invest in old or deteriorating platforms. Many of these rigs were left behind by larger companies like Chevron, who have since “moved to deeper, more lucrative waters.”

Louisiana’s economy is tied to rich oil deposits that span from the Outer Continental Shelf in the Gulf of Mexico to beneath the sediment of the Mississippi Delta.

Offshore and maritime positions are among the most dangerous in the world, but they remain an important part of Louisiana’s culture and economy. But at what cost?

If you’re an offshore worker, be sure to ‘like’ Cox, Cox, Filo, Camel & Wilson on Facebook for important maritime updates and legal news you need to know.

The post The Cost Of Offshore Injuries appeared first on Cox, Cox, Filo, Camel & Wilson.

]]>
Texting And Driving Statistics https://www.coxcoxfilo.com/texting-and-driving-statistics/ Thu, 01 Mar 2018 09:00:13 +0000 https://www.coxcoxfilo.com/?p=680 Cell phone use while driving is a problem in Louisiana: according to one report, nearly half of all drives in Louisiana include unsafe phone use—that’s more than any other state. When drivers get distracted, people get hurt. And when people get hurt in Louisiana, the lawyers at Cox, Cox, Filo, Camel & Wilson can help. […]

The post Texting And Driving Statistics appeared first on Cox, Cox, Filo, Camel & Wilson.

]]>
Cell phone use while driving is a problem in Louisiana: according to one report, nearly half of all drives in Louisiana include unsafe phone use—that’s more than any other state.

When drivers get distracted, people get hurt. And when people get hurt in Louisiana, the lawyers at Cox, Cox, Filo, Camel & Wilson can help. Our car accident attorneys know how devastating a crash can be, especially one caused by a distracted driver.

Below, we’ve outlined state texting laws as well as important facts and statistics to underscore the importance of focused driving.

Share this information with your family and friends (especially teen drivers) to ensure their safety and the safety of others.

Louisiana Texting and Driving Laws

Louisiana’s current distracted driving law includes a hand-held ban for drivers with a learner or intermediate license, a primary cell phone ban for bus drivers and novice drivers during their first year of licensure, and a primary texting ban on all drivers.

No one in Louisiana is allowed to text and drive. Only experienced drivers are allowed to talk on the phone while driving with a hand-held or hands-free device; and certain drivers (i.e., bus drivers and commercial motor vehicle drivers) are prohibited from talking or texting regardless of experience.

It’s also illegal to use a cell phone (talk or text) in a school zone during posted hours.

According to Louisiana statute, texting includes any text-based messaging on any wireless device—posting on social media fits into this definition as well.

There are a few exceptions. It is lawful to use a phone behind the wheel if:

  • You need to report an emergency (e.g., traffic hazards or accident)
  • Your personal safety is at risk
  • You need to report a criminal act against someone
  • You are legally parked
  • You operate an emergency vehicle and must use your cell phone as part of your job

Violations of the law include a minimum fine of $175. The maximum penalty is $500.

Texting and Driving Facts & Statistics

According to a report published by the Louisiana Highway Safety Plan, texting and driving is most common among Louisiana drivers less than 25 years old; 25- to 34-year olds are also likely to text while driving.

In 2017, nine Louisianans were killed in phone-related crashes.

Cell phones and texting are common distractions, but they’re not the only threat. Eating, grooming, tuning the radio, and fussing with children or pets pose significant risks as well.

Texting while driving is a national concern as well:

  • According to the National Highway Traffic Safety Administration, approximately one-third of all U.S. drivers 18 to 64 years old read or send text or email messages while driving.
  • Reading or sending text or email messages and other distracted behaviors lead to approximately 420,000 injuries every year.

Not all people can multitask effectively—most people engage in what’s called task switching. Psychologists have concluded that task switching reduces productivity and safety.

Still not convinced? Take a look at these scary stats:

Texting and driving statistics

Get more safety information that could save a life! ‘Like’ Cox, Cox, Filo, Camel & Wilson on Facebook for more!

The post Texting And Driving Statistics appeared first on Cox, Cox, Filo, Camel & Wilson.

]]>
Why You Need a Personal Injury Lawyer in Louisiana https://www.coxcoxfilo.com/why-you-need-a-personal-injury-lawyer-in-louisiana/ Mon, 30 Oct 2017 15:47:36 +0000 https://www.coxcoxfilo.com/?p=910 In September, The Institute for Legal Reform (ILR), an influential advocacy group raised by the U.S. Chamber of Commerce released the 2017 Lawsuit Climate Survey: Ranking the States. This annual report evaluates state liability systems through the economic lenses of corporate America and attempts to persuade state and federal changes through pragmatic research and reporting. […]

The post Why You Need a Personal Injury Lawyer in Louisiana appeared first on Cox, Cox, Filo, Camel & Wilson.

]]>
In September, The Institute for Legal Reform (ILR), an influential advocacy group raised by the U.S. Chamber of Commerce released the 2017 Lawsuit Climate Survey: Ranking the States. This annual report evaluates state liability systems through the economic lenses of corporate America and attempts to persuade state and federal changes through pragmatic research and reporting.

According to the report, the New Orleans or Orleans Parish in Louisiana ranks last among all states for its liability system. Louisiana respondents who include general and corporate council attorneys, corporate business owners, and executives graded judges’ impartiality, jury fairness, as well as the overall treatment of tort litigation worst overall.

ILR is attempting to shed light on the economic cost to the public of “frivolous” litigation and hopes to use survey data to initiate change at every level of government. According to ILR’s website, “frivolous” litigation discourages businesses from operating or expanding in certain states if the climate doesn’t benefit corporate interests.

Among other things, the report also highlights why people should seek professional counsel if an injury is suffered or property damage is incurred in Louisiana.

The lawsuit climate perceived by corporate lawyers and business owners is not the same climate experienced by victims of injustice. And although the report shines negatively on Louisiana, the opinions and survey data collected were only representative of entities that traditionally avoid litigation through whatever means necessary.

Louisiana’s Liability System: It’s Complicated

Despite great effort, there may come a time when a personal injury or accident insurance claim is too complicated to manage on one’s own. Injury cases are time consuming. Depending on the nature of the injury or damages, personal involvement in a case may be too demanding for a victim or simply beyond his or her skill set.

What’s worse, insurance agencies may not take self-representation seriously and could purposely delay actions, refuse to make a fair settlement, or deny a claim altogether.

Injury victims typically don’t have the tools, resources, or expertise to tackle the complicated liability system in Louisiana. This includes a deep understanding of tort law and liability rules, which differ from state-to-state.

Louisiana’s liability system gets even more complicated if a plaintiff is seeking damages from a government entity. Personal injury claims against the government require an entirely different set of skills and expertise.

The financial gravity of a personal injury case may also discourage self-representation in Louisiana. For example, cases involving large amounts in damages encourage extra attention and due diligence from a defense.

Self-representation could be effective when damages are small, but when there’s lots of money on the table, the cost of an attorney is well worth the expense—especially if the case goes to trial.

For injury victims, if there’s anything to glean from ILR’s report it’s this: big business doesn’t like the way our liability system works in Louisiana; this could be because judges and juries tend to side with victims if a case goes to trial or in certain types of cases such as maritime accidents or class action lawsuits.

Hire the Right Personal Injury Firm

When and if a personal injury or accident insurance claim becomes too much to manage, the best thing a victim can do is look for an experienced Louisiana injury attorney who specializes in the area of litigation represented in the case.

The attorneys at Cox, Cox, Filo, Camel & Wilson L.L.C. are compassionate advocates against civil injustice, with more than 135 years of combined experience in the state of Louisianan.

We hold our sense of civic duty above all else, and we not afraid to take on powerful industries, employers, and businesses if you or someone you care about has been injured.

Keep track of what’s going on in Louisiana’s liability system! Like us on Facebook for news and information that will keep your and your family safe. 

The post Why You Need a Personal Injury Lawyer in Louisiana appeared first on Cox, Cox, Filo, Camel & Wilson.

]]>
Louisiana HS Football Participation Increases While National Numbers Decline https://www.coxcoxfilo.com/louisiana-football-participation-increases-national-numbers-decline/ Fri, 15 Sep 2017 17:50:00 +0000 https://www.coxcoxfilo.com/?p=890 As the national number of high school football players decreases, states like Louisiana are actually seeing an increase in high school football participation. Since 2014, nationwide participation in high school football dropped 2.3 percent; in Louisiana, however, participation reached an all-time high in 2015. Louisiana High School Football Participation Year Louisiana Participation National Participation 2008 […]

The post Louisiana HS Football Participation Increases While National Numbers Decline appeared first on Cox, Cox, Filo, Camel & Wilson.

]]>
As the national number of high school football players decreases, states like Louisiana are actually seeing an increase in high school football participation.

Since 2014, nationwide participation in high school football dropped 2.3 percent; in Louisiana, however, participation reached an all-time high in 2015.

Louisiana High School Football Participation

Year Louisiana Participation National Participation
2008 12,520 1,139,202
2009 14,830 1,135,052
2010 18,229 1,134,377
2011 20,293 1,121,754
2012 20,193 1,115,208
2013 20,087 1,122,024
2014 20,418 1,112,555
2015 20,546 1,112,251

 

National participation parallels concerns about player safety; particularly how concussions and brain injuries are managed on and off the field.

Football Injuries and the National Spotlight

The NFL recently settled a $1 billion lawsuit brought on by former players who report a range of degenerative brain disorders such as chronic traumatic encephalopathy (CTE). 

The allegations focused popular media on potential dangers but especially how repeat impacts affect a player’s brain functioning. The NFL admitted no fault in the suit, stipulated by the agreement, which will pay up to $5 million per player.

Unfortunately, professional football players aren’t the only ones getting hurt on the field. Since 1995, 77 students have died playing football; seven high school football fatalities were reported in 2015.

Of the high school fatalities reported in 2015, three were caused by traumatic brain injury (TBI); the others were the result of either fracture, hemorrhage, or subdermal hematoma.

There were indirect football fatalities reported as well. During the same year, seven fatalities were reportedly caused by conditions including: heat stroke, cardiomyopathy, cardiac arrest, and unknown sources.

Louisiana Pushes Back

In 2011, the Louisiana Legislature passed the Louisiana Youth Concussion Act. This law (ACT 314) sets guidelines for consent, training requirements, and return-to-play protocols.

Among other things, the law says no player who is suspected to have suffered a concussion or brain injury is to return to play on the same day. If a player is determined to be concussed, a licensed Louisiana physician must provide clearance before a player can begin a stepwise program and resume play.

For parents, teachers, and students, understanding these laws and protocols for concussion management is a critical step toward improved student safety. The Louisiana stepwise program is as follows:

  • Monitor signs and symptoms closely.
  • Do not progress to the next step until symptom free for 24 hours.
  • If symptoms occur, the athlete should return to step one.
Objective Activity
Recovery Complete a mental test; no school work, no texting, no computer or video games
Recovery of cognitive skills Slowly return to classroom work and activities
Increase Heart Rate Walking, stationary bike, swimming (maintain less than 70 percent of maximum heart rate)
Addition of movement drills No contact running drills; running, cutting, jumping
Exercise, movement, use of cognitive skills Complex training trills including passing
Restored confidence and skill Once cleared by a physician, may return to normal practice activities
Resume game play Monitor closely for returning signs or symptoms

Children and teens are particularly susceptible to brain injuries because the human brain doesn’t fully form until age 25 or so. This also means that brain injuries take longer to heal in youth players compared to adults.

In a handful of rare cases, high school football players who suffered a concussion were allowed to return to play before it was safe to do so and subsequently died of a rare but fatal condition known as second-impact syndrome (SIS).

SIS results in massive, immediate swelling and bleeding of the brain. In about 50 percent of the reported cases, the player died within a few moments of the second impact.

Brain injuries caused by football don’t discriminate on the field. This is why it’s important for Louisiana coaches, parents, and students to observe the state laws and practice care when determining signs and symptoms and following return-to-play protocols.

Without proper oversight and acknowledgement from our football-loving communities, it’s hard to say how increased participation rates in Louisianan will impact the upcoming football season.

If you or someone you know was injured while playing a high school sport, the experienced brain injury attorneys at Cox, Cox, Filo, Camel & Wilson L.L.C. want to hear your story.

Call 337-240-9349 today to schedule a FREE consultation; or, tell us what happened online to get started now!

The post Louisiana HS Football Participation Increases While National Numbers Decline appeared first on Cox, Cox, Filo, Camel & Wilson.

]]>
The Difference Between Mass Tort and Class Action Lawsuits https://www.coxcoxfilo.com/difference-mass-tort-class-action-lawsuits/ Mon, 21 Aug 2017 17:22:08 +0000 https://www.coxcoxfilo.com/?p=873 Taking on a corporation to receive compensation for an injury is as intimidating as it gets. Pharmaceutical and consumer product companies seem to have an endless supply of resources to suppress and dismiss individual cases. So, what are people supposed to do if they’ve legitimately suffered harm? Class actions and mass torts are common procedural […]

The post The Difference Between Mass Tort and Class Action Lawsuits appeared first on Cox, Cox, Filo, Camel & Wilson.

]]>
Taking on a corporation to receive compensation for an injury is as intimidating as it gets. Pharmaceutical and consumer product companies seem to have an endless supply of resources to suppress and dismiss individual cases.

So, what are people supposed to do if they’ve legitimately suffered harm?

Class actions and mass torts are common procedural actions used to implement corporate change or discipline on behalf of large groups of victims. In theory, these actions help expedite court cases and ensure individual victims receive fair representation.

While class action and mass tort are often used interchangeably, they are not the same type of procedural action, and they serve very different functions for individual victims.

Class Action Lawsuits Explained

Class action suits are a type of mass tort claim with specific characteristics and criteria.

First, class actions represent multiple victims, called a class, and are represented by a “class representative” who files the lawsuit on behalf of the class.

Class action suits must be certified as such to proceed; for example, class actions must prove the procedural action is most effective at handling multiple cases and plaintiffs. More specifically, injuries and damages should be similar and narrow in scope, and all must originate from a shared (often single) source.

Class action suits are typical in cases involving false or misleading labels, employee discrimination, or overcharging customers.

Victims are given a choice to opt-in or out of a class action lawsuit; they can also secure private counsel if they wish.

This type of procedural action is helpful at solving a single problem for multiple people who suffered similar injuries or damages and who would otherwise not have the means or resources to take on a large corporation.

Mass Torts Explained

Mass torts, while also intended to unclutter our court system, are distinct from class actions in several ways.

First, mass torts do not require certification, and they do not follow standard, predictable legal procedures.

Generally speaking, mass torts are more complex than class action lawsuits. For example, unlike a class action suit that represents multiple victims simultaneously, mass torts represent individual victims on a case-by-case basis and are judged based on individual merit.

Mass torts are structured this way because they are regularly brought on by consumers that used a pharmaceutical drug or consumer product that inflicted unique, adverse effects, which often manifest differently for different people.

In other words, a product or drug defect can impact individuals differently based on his or her interaction with it, length of exposure, and individual health factors.

Moreover, the scope of injury or damage incurred by victims in a mass tort varies widely and does not fit neatly into a box the way class actions require.

Mass torts represent a wide range of problems for individual victims. Subsequently, victims file suits individually.

One or more attorneys can represent victims in different cases; however, mass tort attorneys prepare for these cases by pooling resources and sharing information relating to injuries and damages from the alleged source.

For example, expert witness testimony or research can be used as evidence in multiple cases spreading the cost of the resources among several parties. In this way, mass torts give victims a way to seek damages when they may otherwise not be able to afford to do so.

Mass tort cases often involve defective drugs or products. Today, active mass torts include vaginal mesh implants and talcum powder, two products manufactured by Johnson & Johnson.

Statute of Limitation: Why It Matters

Mass torts and class actions are mostly similar from state to state. However, there are some important distinctions that victims should be aware of pertaining to where they live.

Mass torts generally end in settlements, but settlements can be difficult to finalize until there is some certainty regarding the number of claims and victims involved.

Eligibility to file a claim is partially determined by a state’s statute of limitations—or the amount of time an injured party has to file a claim against a defendant.

A statute of limitations also establishes compensation limits for specific types of damages including medical malpractice, wrongful death, personal injury, and so on. A victim can’t file a claim past the determined time limitations.

For example, personal injury claims in Louisiana must be filed within one year of the date of injury; but next door in Mississippi, plaintiffs have three years to file.

The type of injury or damage will inform time limitations respectively in each state. Know your state’s statute of limitations to ensure your claim is filled in time.

Like Cox, Cox, Filo, Camel & Wilson on Facebook to stay up-to-date on Louisiana mass tort and class action information.

The post The Difference Between Mass Tort and Class Action Lawsuits appeared first on Cox, Cox, Filo, Camel & Wilson.

]]>
Life Vest Safety Guide For Louisiana Boaters https://www.coxcoxfilo.com/life-vest-safety-guide-louisiana-boaters/ Thu, 20 Jul 2017 18:43:27 +0000 https://www.coxcoxfilo.com/?p=862 In 2016, 509 recreational boaters drowned in the US; 404 of those people were not wearing a personal flotation device (PDF), commonly called a life jacket. Use this guide to ensure all seafaring passengers wear the right life jacket for the right activity and conditions.     If you were injured in a boating accident, […]

The post Life Vest Safety Guide For Louisiana Boaters appeared first on Cox, Cox, Filo, Camel & Wilson.

]]>
In 2016, 509 recreational boaters drowned in the US; 404 of those people were not wearing a personal flotation device (PDF), commonly called a life jacket.

Use this guide to ensure all seafaring passengers wear the right life jacket for the right activity and conditions.

 

life vest safety infographic

 

If you were injured in a boating accident, contact Cox, Cox, Filo, Camel & Wilson and schedule a free consultation.

The post Life Vest Safety Guide For Louisiana Boaters appeared first on Cox, Cox, Filo, Camel & Wilson.

]]>
Do You Have the Right Insurance? https://www.coxcoxfilo.com/do-you-have-the-right-insurance/ Thu, 18 May 2017 22:08:35 +0000 https://www.coxcoxfilo.com/?p=840 When purchasing car or motorcycle insurance, you have to know what coverage you need and what is required by state laws. To help make buying insurance easier, we’ve compiled some information on required and optional coverages for cars and motorcycles. Car Insurance Requirements in Louisiana In Louisiana, everyone who drives a car is required to […]

The post Do You Have the Right Insurance? appeared first on Cox, Cox, Filo, Camel & Wilson.

]]>
When purchasing car or motorcycle insurance, you have to know what coverage you need and what is required by state laws. To help make buying insurance easier, we’ve compiled some information on required and optional coverages for cars and motorcycles.

Car Insurance Requirements in Louisiana

In Louisiana, everyone who drives a car is required to have insurance. By law, every driver must carry bodily injury liability coverage and property damage liability coverage. The only exception is for vehicles used in parades.

Bodily injury liability coverage, also known as bodily injury insurance, pays for medical bills and funeral expenses for someone hurt in an accident you cause. This coverage does not cover your injuries. The minimum requirement for bodily injury coverage is $15,000 per person and $30,000 per accident.

Property damage liability coverage comes into effect when you are partially at-fault for an accident that damages someone else’s property. Property includes things like vehicles, houses or fences. The minimum requirement for property damage liability coverage is $25,000.

Though you’re not required to carry it, Louisiana law says your insurance provider must offer uninsured motorist coverage (UMBI) with every policy. Though you can reject this coverage, it’s good to have as it covers your damages if you’re in an accident with an uninsured driver.

Optional Car Insurance Coverages in Louisiana

There are other insurance coverages you might want to carry. These can protect your financial interests and give you some peace of mind. Some coverages to consider are:

  • Medical payments coverage. This option covers medical and funeral expenses for you or any passenger in your vehicle, regardless of who caused the accident.
  • Collision coverage. Carrying collision insurance means your car repairs or replacements are covered by the insurance company after you pay your deductible.
  • Comprehensive coverage. This coverage pays for damages to your car caused by things like theft, fires, floods, vandalism, explosions, weather, or falling objects (trees, hail, etc.)
  • Towing and labor coverage. This helps if you have your car towed for any reason. It usually requires the driver to pay a minimal amount each time the service is used. This may also be called roadside assistance.
  • Rental reimbursement coverage. If your car is totaled or needs repaired after an accident, this coverage will either cover or reduce the cost of a rental car.

The coverage you purchase really depends on your needs. For instance, if your car has a tendency to break down, you may want towing or rental coverage. If your car is on the list of the most stolen vehicles in Louisiana, you may want comprehensive coverage to protect against theft. Shop around and review different coverage limits to figure out what’s best for you and your family.

Penalties for Not Carrying Car Insurance

All drivers are required to carry proof of insurance in their vehicle, such as:

  • An insurance card
  • A mobile version of your insurance card
  • A declaration letter from your insurance company
  • Your actual insurance policy

If you are caught driving without proof of insurance, the police may take your license plates and issue a Temporary Vehicle Use Authorization. That gives you three days to use your car and provide proof of insurance to your local motor vehicle office.

If you don’t carry Louisiana’s minimum insurance coverages, you could be subject to additional penalties, such as:

  • Loss of registration
  • Impoundment
  • Loss of license plates
  • License suspension
  • Fines

Two-Wheeled Vehicle Insurance Requirements in Louisiana

To drive a two-wheeled vehicle in Louisiana, you have to purchase insurance and show the motor vehicle office you hold the minimum coverages.

Before we discuss the coverages required, it’s important to understand which two-wheeled vehicles need to be covered. In Louisiana, a two-wheeled vehicle requires coverage if it is a:

  • Motorcycle that has an engine capacity of at least 50cc, more than 1.5 brake horsepower, or the ability to travel 25 mph or faster.
  • Moped that has an engine capacity of less than 50cc, less than 1.5 brake horsepower, or doesn’t travel faster than 25 mph.

Scooters don’t require insurance or registration as long as their specifications are less than a moped and they’re not driven on public roads.

If your vehicle is classified as a motorcycle or moped, you must carry the same minimum coverages as a car would:

  • Bodily injury coverage: $15,000 per person and $30,000 per accident
  • Property damage coverage: $25,000

Optional Two-Wheeled Vehicle Insurance Coverages in Louisiana

Just like a car, motorcyclists and moped drivers can purchase additional coverages like:

  • Medical payment coverage
  • Comprehensive coverage
  • Collision coverage
  • Roadside assistance

Custom parts and equipment coverage is insurance that applies only to motorcycles. This covers bikes with modifications, aftermarket parts, or custom paint jobs. Some bikes that can be considered custom are:

  • Choppers
  • Trackers
  • Bobbers
  • Non-factory trikes
  • Hybrids
  • Kit bikes or custom built bikes without VIN numbers

Custom parts and equipment coverage, or additional parts and equipment coverage, has a deductible that must be paid before the insurance company begins coverage. Most major insurance companies sell this coverage starting at $1,000. But that can vary, so shop around for the best plan for your custom bike.

Penalties for Not Carrying Two-Wheeled Vehicle Insurance

People driving two-wheeled vehicle must carry proof of insurance in the form of:

  • An insurance card
  • An insurance binder
  • A declaration letter from your insurance company
  • Your actual insurance policy
  • A written statement on the insurance company’s letterhead that contains your vehicle info and your insurance agent’s signature

Without proof of insurance, a police officer can:

  • Impound your two-wheeled vehicle
  • Give a violation/ticket
  • Confiscate your license plates
  • Confiscate your license
  • Issue fines
  • Suspend your registration

Car and Motorcycle Accident Attorneys

Whether you purchase minimum coverages or every coverage you can, there’s no guarantee that others will do the same. In Louisiana, 13.9 percent of drivers are uninsured. If you’re in an accident with one of them, you could be facing serious financial losses.

The attorneys at Cox, Cox, Filo, Camel & Wilson have years of experience helping victims of car crashes and motorcycle accidents. We’re standing by to evaluate your claim and let you know what your case could be worth. All you have to do is contact us at 800-836-3702.

The post Do You Have the Right Insurance? appeared first on Cox, Cox, Filo, Camel & Wilson.

]]>