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Personal Injury is a legal term used to refer to an injury to the body or mind. There are multiple types of personal injury, within the most common we find traffic accidents, accidents at work, accidents in the house, tripping, slips and falls, assault claims, medical and professional negligence, product defect accidents, etc.

The personal injury lawsuits are filed by those individuals claiming injuries caused by an accident due to the negligent or wrongful conduct of another person or entity.

Depending upon the intentional infliction or negligent infliction of the party responsible for the damage, the other party may be assigned to monetary compensation. The amount of the compensation will be determined by the severity of the injury.

Within the injuries that receive higher settlements there are those of broken bones, brain damage and severe limb damages. The compensation will be obtained through a settlement agreement or a judgment after a trail.

Unlike almost all land-based workers, seamen are not entitled to workers’ compensation benefits under either state or federal law. Because injured seamen cannot file workers’ compensation claims against their employers, the only compensation that they are legally entitled to receive for their injuries is through the Jones Act and the general maritime law.

The Jones Act is a federal law that gives seamen who were injured in the course of their employment the right to sue their employer for personal injury damages. A “seaman” is anyone who works as a member of a crew on a vessel. A “vessel” includes a ship, barge, dredge, trawler, tug, fishing boat, and other types of movable watercraft. The vessel doesn’t have to move under its own power, or be moving all the time. Oil rigs, semi-submersible rigs, and jackup rigs are considered vessels under the Jones Act.

A substantial number of maritime workers in Louisiana and Texas employed in shipping, dredging, maintenance and the oil and gas industry are injured every year. If you have been injured in an offshore / marine incident, don’t delay! Call Clay now! Our personal injury personal injury attorneys provide an initial consultation FREE of charge to you regardless of whether you retain our services.

Personal injury involves injury to an individual. This area of law allows an injured person to sue in a private action called a civil action, known in the legal community as a tort action. A “tort” is a wrong against a person. Any accident or injury against a person can constitute a tort – whether it be in a motor vehicle accident, the use of a product or the negligence of a professional. Consulting with an experienced personal injury attorney like those with L. Clayton Burgess, a professional law corporation, can provide information on whether to pursue an action in court. If a loved one is killed in an accident or through negligence, the surviving family members could pursue wrongful death litigation, which is similar to personal injury litigation.

Different degrees of fault exist and several elements are necessary to prove in court in order to be successful against the wrongdoer or negligent party in a tort action. Also, more than one person or party may be at fault, and responsibility may be apportioned among all of the wrongdoers. In some instances, the victim may even be partly at fault for the tragedy but that does not necessarily mean the person does not have a right to bring a lawsuit. A personal injury lawyer can help the plaintiff determine how to discover and prove fault in the suit.

If the personal injury lawyers working on a case are successful, the person who is injured can recover money damages. These damages can be for a number of reasons: medical bills, lost income, future medical bills and care, and other economic damages that are incurred. In addition, the personal injury law firm may be able to recover what is termed non-economic damages. These are damages that may be difficult to quantify, but nevertheless, are very real: pain and suffering, disfigurement and loss of consortium. Keep in mind there is a deadline in filing cases known as a statute of limitations. These statutes vary and it takes an experienced personal injury law firm to examine the facts and the law to determine the limitations period that applies in each case.

A wrongful death claim seeks compensation when “a person dies due to the fault of another,” according to Louisiana Civil Code Section 2512.2. The death may be caused by the fault of another human being, or it may be the result of wrongdoing by an entity like a corporation. A wrongful death may be caused by an accident or a purposeful action. The purposeful action may be negligent, reckless, or an intentional act.



Losing a loved can be a devastating and traumatic experience, especially if the cause of death could have been prevented. Have you lost a loved one due to the negligence of another person, an employer or a defective product in the State of Louisiana? If so, you may be eligible to file a wrongful death lawsuit against the responsible parties.



The thought of going through a legal battle can be overwhelming under these types of circumstances. That is why it is important that you contact an experienced wrongful death lawyer who will be your advocate and fight to ensure you and your family receive the compensation you deserve.

A wrongful death claim is similar to a personal injury claim however the injured person is no longer available to bring his or her own case to court. Instead, the surviving family members of the deceased person must bring the claim to court to seek damages.