personal injury Archives - Murphy Law Firm

Pain and Suffering Claim Without a Lawyer

After a car accident or other type of event that causes injury or property damage, you may be suffering from mental and, or physical distress. In personal injury cases this distress is known as pain and suffering. Pain and suffering differs from medical expenses, lost wages, and property damages, in that they are hard to set a monetary value to. Pain and suffering claims are more intangible than a medical bill or a week out of work. It can be hard to prove how much a pain and suffering claim is worth. If you’ve been hurt in a car accident, it is always best to consult with a personal injury attorney, especially if you want to make a pain and suffering claim. However, as ill advised as it might be, you can proceed without the help of a personal injury lawyer. If you’re trying to make a pain and suffering claim without the aid of an experienced injury attorney, this is what the process will look like. 

How to Make a Pain and Suffering Claim Without an Injury Attorney 

The first step in making a pain and suffering claim is to send the insurance company a demand letter. A demand letter spells out your injury claim and lists the damages you have incurred. Within the demand letter, you need to discuss your pain and suffering as a result of the accident or injury event and support it with evidence. 

First, you need to show how you calculated the value of your pain and suffering claim. The best way to go about doing this is to explain how your life has been altered as a result of the accident you were involved in. Show how your pain and suffering has impacted and changed your life on a daily basis. Write about the seriousness of your injury, whether or not you have been permanently scarred or disfigured, how long it will take you, or took you, to recover, if there will be future complications as a result of your injury, and socio-economic factors at play in your life. Once you have made your case for your pain and suffering claim, you need to back up your claims with evidence and documents. 

The most important documents that you will need to acquire to use as evidence in your pain and suffering claim are the police report of your accident, your medical records including costs, and any witness statements that were taken. If you were able to get photos of your injuries, the accident, and other important facets of your case, you will want to use these as evidence too. If you’re going to make a pain and suffering claim without a personal injury attorney, you need to collect all of this evidence yourself. Do not let the insurance company collect the evidence for you. If they collect these documents on your behalf, they will choose which ones are important to your claim. You need them to consider all of the evidence. That means collecting it for yourself and attaching it to your demand letter. 

Evidence is the most important aspect of a pain and suffering claim. If you don’t have any evidence showing your pain and suffering, insurance companies, judges, and juries will not award you for these damages. It can be hard to obtain all of the evidence you need to make your pain and suffering claim. Hiring a personal injury lawyer not only makes this process easier, but it also increases your chances of recovering compensation for your claim.

5 Reasons Why You Should Seek Legal Help for Your Pain and Suffering Claim

As we have already illustrated, there are a lot of steps that need to be taken just to send a demand letter to the insurance company. How will you navigate the complex legal waters of a pain and suffering claim after you’ve been injured in an accident and your life has been turned upside down? You should always hire a personal injury attorney after you have been hurt in an accident. Below are five good reasons:

  1. Lawyers have a staff of people to help them collect all documents and evidence
  2. They can accurately gauge how much your pain and suffering claim is worth 
  3. Attorneys can help you negotiate with insurance companies, and represent your best interests
  4. An attorney can hold the insurance companies responsible by taking them to trial if a fair settlement is not offered 
  5. They are professionals who do this work everyday, you are not, and the law is complicated 

You can try and make a pain and suffering claim on your own. The insurance company will probably offer you some money just to make your case go away, but they have no reason to give you full compensation for your pain and suffering claim if you don’t have legal representation and there is no threat of a personal injury trial

Murphy Law Firm, Experienced Personal Injury Lawyers 

If you’ve been hurt in an accident, get help from Murphy Law Firm. Our team of personal injury lawyers has over 150 years of combined litigation experience. We prepare every case for trial. Don’t settle for a settlement mill! Get a free consultation today with a personal injury attorney and discuss the details of your case. Call (225) 928-8800 to get in touch with the experienced trial attorneys at Murphy Law Firm.

Elmiron Use Linked to Severe Eye Damage

Elmiron (pentosan polysulfate sodium) is a widely used and prescribed drug that is designed to treat chronic and severe bladder and pelvis pain caused by interstitial cystitis. It is estimated that over 1 million Americans suffer from this condition, and Elmiron happens to be the only FDA approved drug to treat it. This medication has been used for decades to treat the pain associated with chronic interstitial cystitis, and now recent data has shown that long-term use of this medication causes severe eye damage. 

A recent study, conducted at Kaiser Permanente in California, found that 25 percent of their patients who had significant exposure to Elmiron showed signs of retina damage. What makes the retinal damages caused by Elmiron toxicity so troubling is that they masquerade as typical degenerative eye conditions that become more commonplace as people age. Additionally, since Elmiron has always been thought of as safe to take with little to no side effects, some patients ended up taking more Elmiron year after to year to mitigate and soothe the pain caused by their chronic IC. 

Dr. Vora of Kaiser Permanente had this to say, “It’s unfortunate. You have a patient with a chronic condition like interstitial cystitis, for which there is no cure and no effective treatment. They get put on these medications because it’s thought to have few side effects and few risks, and no one thinks about it again. And year after year, the number of pills they’re taking goes up and up.” There is good news for people taking Elmiron. If you stop use of the drug early enough, you can avoid retinal damage. If the Elmiron toxicity becomes severe it can lead to permanent vision loss. 

Reported Injuries Linked to Elmiron Use

We’ve compiled a list of all of the reported eye injuries linked to Elmiron use. The current prescription warnings do not mention potential macula, retina, or other eye damages at all. As more people come forward and additional lawsuits are filed, there may be more injuries that come to light. 

  • Vision Loss
  • Vision Blurring
  • Vision Impairment
  • Degenerative Maculopathy
  • Macular Retinopathy
  • Macular Dystrophy 
  • Pigmentary Maculopathy 
  • Halo Vision
  • Unilateral & Bilateral Blindness 
  • Retinopathy

You Can File a Lawsuit Against Elmiron

Elmiron’s manufacturer, Janssen Pharmaceuticals Inc, never warned users that the medication could lead to retinal and other eye issues. If you’ve been taking Elmiron, you could have a case! If you’ve been taking Elmiron, you need to visit your doctor and ophthalmologist, voice your concerns, and get a vision test to see if any damage has been done to your eyes. Don’t stop using medication without speaking to your doctor first. 

If your vision has been damaged by Elmiron use, get help and stand up to Janssen Pharmaceuticals Inc. The personal injury lawyers at Murphy Law Firm have over 150 years of combined litigation experience. We’ve stood up to big companies before, and if you or someone you love has been hurt by Elmiron, we can help you too! Call Murphy Law Firm at (225) 928-8800 to speak with a personal injury attorney and get a free consultation on your case.

Seven Reasons You Should Hire a Personal Injury Lawyer

Accidents occur daily, and everyday people get hurt, or worse, killed. Serious accidents not only result in costly medical bills, but also result in lost wages and untold amounts of emotional suffering. Accident victims may feel like they have no lifeline. Insurance companies either don’t provide the benefits they should, or they trick you into signing away your rights for some fast cash. After you’ve been hurt in an accident, the right thing to do is consult with a personal injury lawyer. You have probably seen personal injury billboards and commercials, but do you really know the benefits of hiring a personal injury attorney? Here is a compelling list of reasons you should hire a personal injury lawyer after you have been hurt.

  1. No Upfront Fees – Almost every personal injury lawyer works on a contingency basis. This means if you don’t win your case, they don’t charge you. If you do win, their fees come out of the settlement. It costs you nothing to consult with a personal injury lawyer after your accident. Why not get an expert’s opinion on your case? 
  2. Bigger Settlements – Even after fees, on average, you are likely to receive a far larger monetary settlement when you have legal representation than when you don’t. Insurance companies like to pay and make cases go away quickly before they are held to the full extent of their legal obligations. A personal injury lawyer who knows the in’s and out’s of the law can ensure you get what you deserve under the law. 
  3. Trial Experience – If your injury attorney can’t get you a fair settlement, they can take your case to trial and fight for the compensation you deserve. In America, it is your right to represent yourself, but odds are you won’t stand a chance against the lawyers for the insurance companies.
  4. Support Staff – A personal injury case requires a lot of time and effort gathering evidence like medical records and accident reports, and communicating with insurance adjusters and defense lawyers. How can you recover from your accident, try to get back to work, and manage all of the aspects of your case? A personal injury lawyer has a support staff that helps them gather all evidence and communicate with the other parties involved in your accident so you can focus on getting your life back together. 
  5. Impartiality – When an accident affects you or a loved one, it can be hard to see and think clearly about the next steps forward. When you have a personal injury lawyer representing you, they can help you stay objective and ensure that you don’t make any rash decisions especially when it comes to taking settlements. Insurance companies always try to settle for less. A lawyer will help you hold them accountable. 
  6. Alternative Avenues of Resolution – Quick settlements and lengthy trials are not the only two paths to resolving your injury case. A skilled personal injury attorney can help you navigate the complicated legal waters and may think it is in your best interest to choose an alternative dispute resolution such as arbitration or mediation. The upside of these proceedings is that they are not typically as lengthy as court proceedings. You could save time, money, and emotional distress by pursuing resolution through these alternative channels. 
  7. Familiar with Insurance Companies – Insurance companies are constantly trying to minimize their liability and legal obligation. A skilled personal injury attorney not only has experience dealing with insurance companies and their representatives, but they also are familiar with all of their tricks. 

There is no downside to speaking with a personal injury lawyer about your case. Initial consultations cost you nothing, and if you don’t win your case, most lawyers will not charge you anything. What do you have to lose? Get help for your injuries before your medical bills, lost wages, and pain and suffering consume your life. If you need help from a personal injury lawyer, reach out to Murphy Law Firm to learn more about the potential for your case.

The Big Questions About Workers Comp

Workers’ compensation ensures you aren’t out in the cold the second a work injury occurs. Workers’ comp is presented in weekly wages. With these wages, you can cover medical bills, recover lost wages, and more. However, there are a lot of small nuances insurance companies use to take advantage of you. Get answers to the big questions concerning workers comp from the premier workers comp attorney in Baton Rouge.

Workers’ Comp FAQs

  • What should I do when I get hurt at work? No matter if you’re hurt or not, you should always report workplace accidents to your employer. 
  • How long do I have to file my claim? Each state has different regulations for how long you have. But in Louisiana, you have a year from the date of the injury to make your claim. 
  • What if I wasn’t at work when I got hurt? As long as your injury was because of work, workers’ comp is available to you.
  • Why was my workers’ comp denied? There are a number of reasons why you might have been denied. For example, if your injuries are your fault or if you were violating company policy. 
  • Does workers’ comp cover long-term issues? If your problems stem from overuse or misuse due to work, you could receive benefits. Problems such as chronic back pain, lung disease, or similar can count. You just need proof of these issues being work-related.
  • Can I see my own doctor? Rules concerning this differ state-to-state and also depend on your employer’s insurance policy. But in Louisiana, workers can generally see their own doctor. However, you also need to see a physician chosen by your insurance. If you do want to see your personal physician, be sure to discuss things with your employer first.
  • How do they calculate workers’ comp? The weekly benefit you receive actually depends on a number of factors from your job. But in most cases, this wage is determined by multiplying daily wage by the number of days worked in a full year and then dividing by 52. Say you worked 156 days and made $50,000. 50,000 divided by 156 is 320.51. This number is the daily wage. Multiply by 260, or the number of days a full-time employee would work in a year, and you have 83,333.33. Divided by 52, this number is $1,602.56. That’s how much you’d have in a week on workers’ comp.

If you happen to have more questions for our team about how workers’ comp works, give us a call at Murphy Law Firm! We’re the choice workers’ comp attorney in Baton Rouge.

Get In Contact With A Workers’ Comp Attorney In Baton Rouge!

At Murphy Law Firm, our goal is to make sure you’re not a victim twice. If you’re having an issue with your workers’ compensation, give us a call at (225) 928-8800 or send us a message. We’ll give you a free consult so we can better understand your case. Get the money you deserve with help from Murphy Law Firm.

Don’t Go In Alone. Get A Personal Injury Lawyer In Baton Rouge!

There’s a popular saying in the world of lawyers: “He who represents himself has a fool for a client.” In fact, even most lawyers wouldn’t step into the courtroom to defend themselves. Why is that? Discover why representing yourself is not a good choice and get a personal injury lawyer in Baton Rouge for your case. 

Inexperience

In law school, we go through numerous practice cases to prepare for the day we step into court. Even for the smallest of cases, there are procedures and laws the defense and prosecution need to know. Not being familiar with these could have disastrous outcomes. For example, even if you know you’ve done no wrong, a skilled lawyer could bend things their way and make it seem as if you were the guilty party. Don’t be a victim twice. 

On the other hand, ignoring court procedures could be even worse. By going to court and refusing to answer questions, you’re held in contempt of court. Simply put—a pair of handcuffs are in your future. With the right aid, you could win your case and avoid an unfair night in jail.

Becoming Too Emotional

On the off chance you actually know what you’re talking about, you’re far too emotionally invested in your own case. When you’re emotional, there’s a higher chance you’ll make mistakes or have emotional outbursts. These outbursts hurt your case in the long run and make it harder to win. But with a skilled lawyer by your side, you can relax while they calmly navigate the case. You can leave your legal worries your lawyer. 

There’s Only You And The Court

Professionalism is at its highest standard in the courtroom. That’s why we’re always in our suits. Because it’s a serious business, the court expects everyone to come ready. Without a lawyer, there’s no buffer between you and the court. Not only that, but your judge and jury have no pity for you, nor will they help you out. In these situations, it can feel like it’s you against the world.

You Might Become Your Own Downfall

Because it’s only you, there’s a chance your inexperience could lead to a slip of the tongue. Rather, something incriminating could emerge and you’ll suddenly find yourself with a number of bills and a lost case. Before every case, lawyers run through every shred of evidence. And—because they’ve gone through years of training over what to say and not to say—your lawyer won’t say something to incriminate you. Do yourself a favor and get a personal injury lawyer in Baton Rouge to avoid facing the insurance companies alone.

Get A Great Personal Injury Attorney In Baton Rouge With Murphy Law Firm

Don’t fly solo and don’t become a victim twice! Get yourself a personal injury attorney in Baton Rouge so you have the best chances with your case. If you have any questions for us about why you should get a lawyer, give us a call at (225) 928-8800. Although, if you’re ready to talk about your case, send us a message for a free consultation with one of our law professionals. We can’t wait to help with your case.

Wrongful Death Law From An Attorney In Baton Rouge

Life can be full of uncertainties. Unfortunately, sometimes they can involve the wrongful death of loved ones. When pursuing justice in these types of cases, it is important to find a lawyer who understands the various types of wrongful death actions in Louisiana. 

The loss of a loved one is hard enough without the extra burden of navigating the legal system. The team at Murphy Law Firm will be by your side in your time of need. You can leave your legal worries with us. Our team has been handling cases such as these for many years and have recovered millions of dollars for the families of wrongful death victims. Trust the experienced team at the Murphy Law Firm in your pursuit of justice.

Types Of Wrongful Death Actions

When it comes to cases that are related to wrongful death in Louisiana, there are two types of fileable actions:

  • The Survival Action – If a victim of an accident is injured and later dies due to the offense, the descendant(s) of the victim have a period of one year to recover all damages for the injury to that person.
  • The Wrongful Death Action – Is a suit that can be brought on by various family members of the victim when the deceased dies in an accident. 

Understanding the various rights and caveats related to these types of cases is something the lawyers at Murphy Law Firm specialize in. It’s important to understand everything—from what damages that can be recovered to the time limits for filing a suit. Consult with one of our team members today in order to understand your rights before pursuing these types of cases.

What Else You Need To Know With Wrongful Death Cases

It is also important when handling wrongful death cases to keep the following items in mind: 

  • Who Can File – In the pursuit of damages related to the wrongful death of a person, the surviving spouse or children of the deceased are given the initial right to file. This is then followed by the surviving parents and subsequent siblings.
  • Available Damages – Various forms of compensation in the event of an action can be recovered. These can include funeral and burial expenses, lost value of household services, as well as damages related to the loss of love, care, support, and guidance. 
  • Time Limits for Filing A Claim – Unlike most states, Louisiana has a limited filing window. Family members have one year from the date of the passing of their loved one for filing a wrongful death claim. 

Keeping these particular things in mind when speaking to one of our lawyers can help the process move along more quickly and result in an expedited recovery of damages for you and your family.

Contact Murphy Law Firm For A Free Consultation

The ins and outs of various wrongful death cases occurring in Baton Rouge are meant to be handled by experts in Louisiana law. At the Murphy Law Firm, we offer free consultations to assess the parameters of your case. For added peace of mind, our consultations remain confidential and come with no additional obligation to hire our firm.  

If a wrongful death occurs in your family contact the Murphy Law Firm before you do anything else. You can contact our team by calling (225) 928-8800 or filling out a form for a free and confidential consultation. Our office is located on S Acadian Thruway and we are open Monday through Friday from 7:30 AM until 5:30 PM. Don’t wait, call us today.