Answers to Our Frequently Asked Questions

When you are involved in an accident or a loved one is the victim of medical malpractice or abuse, you may not even know the right questions to ask at first. Browse our collection of frequently asked questions to see what others have asked and read our answers to learn all you can about your case.

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  • Can music cause a distracted driving accident?

    Distracted driving is just as dangerous as drunk driving, but drivers often overestimate their ability to multitask while driving. We all know that using a cell phone behind the wheel is dangerous, but even something as simple as listening to music can cause a distracted driving accident. Music can cause distracted driving Neblett, Beard and Arsenault

    Music as a Distraction

    Some studies have shown that easy listening, light jazz, or soft rock music improves focus and concentration. However, listening to your favorite tunes—especially if they evoke a strong emotional response—can take too much of your attention away from the road.

    A study involving teen drivers conducted at Ben-Gurion University in Israel found that 98% of drivers made serious errors when listening to a playlist of their own tunes. In comparison, only 77% made errors when they were listening to a selection of soft background music.

    Reducing Distractions on the Road

    Some ways you can reduce your own distracted driving behavior include:

    Do Not Adjust The Radio While You’re Driving 

    If you want to change the station, wait until you’re at a stoplight. Pre-program your favorite stations into your car stereo, so you can quickly find something to listen to.

    Keep Your Music At A Lower Volume 

    Loud music creates an auditory distraction that makes it harder to hear important sounds both in and out of your vehicle.

    If You Have Passengers, Explain Your Music Rules Before You Leave 

    Discussions with passengers can create additional distractions.

    What to Do After an Accident

    Although you can proactively take steps to reduce your own risk of distracted driving, you can’t control what others do. If you’ve been injured in an accident caused by a distracted driver, Louisiana law gives you one year to file a personal injury claim. You can seek compensation for your medical expenses, lost wages, pain and suffering, and any associated property damage from the accident.

    Have You Been Injured In A Louisiana Car Accident?

    If you've been hurt in a car accident you need to speak with an experienced car accident attorney as soon as possible. Please contact us online or call our Alexandria office directly at 318.541.8188 to schedule your free consultation.

     

  • Can passengers cause distracted driving accidents?

    Many people think distracted driving involves drivers who are paying more attention to their smartphones than the road in front of them. However, distractions caused by passengers are often overlooked as a cause of distracted driving accidents. Passengers can cause distracted driving accidents Neblett, Beard and Arsenault

    How Passengers Can Lead to Distracted Driving Accidents

    Any driver interaction with a passenger can potentially be a distraction, but here are some common scenarios that can lead to accidents:

    • A driver who is arguing with his or her significant other can become too upset to concentrate on driving safely.
    • A parent transporting young children may turn away from the road to provide snacks or a toy—or mediate fights between siblings.
    • Teenagers who are inexperienced behind the wheel may get distracted by friends who are singing to a favorite song or talking about their plans for the day.

    While it’s easy to avoid certain behaviors behind the wheel such as personal grooming and eating, it’s not realistic to expect that drivers never travel with passengers. However, experts recommend reducing the risk of accidents by keeping communication to a minimum. If you are traveling with children and need to retrieve a toy, snack, or book, pull over to a safe location first.

    Limiting the number of passengers in a vehicle is also a good way to reduce the risk of accidents. One recent Australian study found that two or more passengers in a vehicle doubles the risk of an accident.

    Protecting Your Rights After an Accident

    If you’ve been injured in an accident caused by a distracted driver, you are entitled to compensation for your medical expenses, lost wages, and pain and suffering, as well as any associated property damage. Under Louisiana law, you have one year to file a personal injury claim for the harm you have suffered.

    Have You Been Injured In A Louisiana Car Accident?

    If you've been hurt in a car accident you need to speak with an experienced car accident attorney as soon as possible. Please contact us online or call our Alexandria office directly at 318.541.8188 to schedule your free consultation.

     

  • What happens if I suffer a skull fracture in a motorcycle accident?

    Doctor Holding a Scan of a Skull Fracture Neblett, Beard and ArsenaultSkull fractures are complicated motorcycle accident injuries because they can’t necessarily be seen with the naked eye. In an open skull fracture, the bone has penetrated the skin, or a wound shows the bone through the skill. In a closed fracture, however, the skin is intact, and the injury isn’t immediately visible.

    Both Open and Closed Skull Fractures Are Dangerous

    Both open and closed skull fractures can cause trauma to the brain. This can lead to permanent physical and cognitive deficits that affect a person’s ability to work, maintain relationships, and live independently.

    Potential symptoms of a skull fracture include:

    • Bleeding from the ears, eyes, nose, or wound area
    • Bruising behind the ears or under the eyes
    • Nausea or vomiting
    • Pupils that are unequal in size or don’t respond to light
    • Neurological symptoms such as slurred speech, confusion, and visual disturbances

    A skull fracture is a serious injury, so it’s vital to seek medical attention as soon as possible. A doctor can diagnose this injury with image testing, electroneurography, or electromyography. Depending upon the severity of the fracture, medication, a spinal tap, a lumbar drain, or surgery may be necessary. Seeking prompt treatment is the best way to prevent permanent damage to the brain.

    Compensation for Skull Fractures

    Under Louisiana law, motorcyclists who’ve suffered skull fractures have one year to seek compensation for accident-related damages. Your personal injury claim can seek reimbursement for medical expenses, lost wages, pain and suffering, and any property damage associated with the accident.

    As with other types of head injuries, you can expect to be found partially at fault if you weren’t wearing a helmet when the accident occurred. However, you can still collect compensation at a reduced rate. Your percentage of fault will depend on what factors caused the accident and whether experts believe your injuries would have been as severe if you were wearing a helmet.

    Have You Been Injured In A Louisiana Motorcycle Accident?

    If you or a family member has been injured in a motorcycle accident you need to speak with an experienced motorcycle injury attorney as soon as possible. Please contact us online or call our Alexandria office directly at 318.541.8188 to schedule your free consultation.

     

  • Can one of my facial bones break in a car accident?

    A broken arm or leg is a common injury after a car accident. However, there is a real risk of broken facial bones in any type of car crash where a victim is suddenly pushed forward or sideways. Broken facial bones in an accident Neblett, Beard and Arsenault

    How Broken Facial Bones Occur

    There are 14 different bones in the face. One or more of these bones can be broken when a car accident causes a person to forcefully hit the steering wheel, dashboard, door, or flying debris within the vehicle. In some cases, even the force of airbag deployment is strong enough to result in broken facial bones.

    Symptoms and Treatment

    Broken facial bones can cause a range of painful symptoms, including bruising, swelling, nosebleeds, trouble breathing, pain in the jaw, decreased sensation in the face, and vision problems. Serious fractures can cause permanent damage to the respiratory system, airway passages, central nervous system, or vision, so it’s vital that an immediate medical evaluation is conducted whenever a facial fracture is suspected.

    The treatment for facial fractures depends on which bones are broken. A broken nose will typically heal on its own within three weeks, so pain relief is the main priority. However, a broken jaw or eye socket will likely require surgery.

    In some cases, broken facial bones will lead to scarring and/or disfigurement. This can cause depression and social anxiety since a person’s face is often viewed as a core part of his or her personal identity.

    Compensation for Broken Facial Bones

    Louisiana law gives individuals who’ve been injured in a car accident caused by another party’s negligence one year to seek compensation for accident-related damages via a personal injury claim: This includes:

    • Medical expenses
    • Lost wages
    • Pain and suffering, which includes the emotional trauma and mental health effects linked to a permanently disfiguring injury
    • Property damage associated with the accident, which includes your vehicle, as well as personal items such as the cost of replacing broken eyeglasses

    Have You Been Injured In A Louisiana Car Accident?

    If you've been hurt in a car accident you need to speak with an experienced car accident attorney as soon as possible. Please contact us online or call our Alexandria office directly at 318.541.8188 to schedule your free consultation.

     

  • What do I need to know about internal bleeding after a car accident?

    After a car accident, don’t assume you’re out of the woods if you feel fine and have no visible injuries. Internal bleeding can create serious complications, but the signs are subtle and easy to miss. Compensation for internal bleeding after a car accident

    About Internal Bleeding

    Internal bleeding from a car accident occurs when the force of impact damages internal organs and blood vessels. Bleeding in the head, chest, or abdominal area is of particular concern.

    Signs of internal bleeding include:

    • Confusion
    • Headache
    • Slurred speech
    • Vision problems
    • Dizziness
    • Numbness
    • Nausea
    • Abdominal pain
    • Painful joints
    • Bloody stool
    • Bloody urine
    • Vomiting blood
    • Coughing blood
    • Fainting

    Note that the symptoms experienced will vary according to the severity of the bleeding and the location of the injury. You can still be suffering from internal bleeding even if you don’t have all of the symptoms or if your symptoms are fairly minor.

    Whenever you’ve been involved in a car accident, it’s vital that you seek a prompt evaluation from a medical professional. Many car accident injuries are slow to appear, and the initial adrenaline rush you experience after the trauma may temporarily mask your symptoms.

    A doctor can generally diagnose internal bleeding with a physical exam and X-ray or CT scan. Sometimes, minor internal bleeding will stop with rest, but surgery is often necessary to stop the internal bleeding from car accident injuries.

    Untreated internal bleeding has the potential to be fatal. Do not let concerns about the cost of care prevent you from seeking treatment.

    Seeking Compensation

    Internal bleeding can create a significant financial burden. You may be faced with a large hospital bill, as well as expenses related to time off work. In cases where your internal bleeding has created permanent organ damage, you may have future medical costs related to the accident or experience a loss of earning potential.

    Louisiana law allows those who’ve been injured in car accidents caused by another party’s negligence to file a personal injury claim. However, you must act quickly because there is a one-year statute of limitations in place. 

    Have You Been Injured In A Louisiana Car Accident?

    If you've been hurt in a car accident you need to speak with an experienced car accident attorney as soon as possible. Please contact us online or call our Alexandria office directly at 318.541.8188 to schedule your free consultation.

     

  • How can I receive compensation for out-of-pocket expenses from my car accident?

    If you are injured in a car accident caused by another driver’s negligence, the at-fault party’s insurance company will not offer to pay your out-of-pocket expenses. However, these damages can be included in a personal injury settlementOut-of-pocket car accident expenses Neblett, Beard and Arsenault

    Documenting Out-of-Pocket Costs for a Car Accident Claim

    The out-of-pocket costs you will incur as a result of your car accident depend on your injuries, as well as your daily activities. However, some of the most common out-of-pocket expenses include:

    • Insurance co-pays and deductibles
    • Childcare for your young children, if you are unable to care for them appropriately or take them with you to medical appointments
    • Transportation to medical appointments
    • Parking fees related to medical appointments
    • Hotel stays for appointments with specialists or providers who are a significant distance from your home
    • Assistance with cleaning and other household tasks you can’t handle due to your injuries
    • An aide for personal grooming and showering

    You should carefully document any out-of-pocket expenses you incur due to the accident injury. Write down the date for each expense, and keep copies of bills, invoices, and receipts that support your claim. Bank or credit card statements can also be helpful in documenting your expenses.

    Compensation for Future Out-of-Pocket Expenses

    If your car accident injuries have left you with a permanent disability, there may be future out-of-pocket costs related to the accident that you can reasonably expect to incur. For example, if you are now in a wheelchair due to your injuries, you would be expected to need ramps and other accessibility modifications for your home, as well as vehicle modifications and transportation assistance.

    An expert witness familiar with your accident-related disability can provide testimony regarding your anticipated future out-of-pocket expenses, as well as your future loss of earning potential and future medical costs.

    Have You Been Injured In A Louisiana Car Accident?

    If you've been hurt in a car accident you need to speak with an experienced car accident attorney as soon as possible. Please contact us online or call our Alexandria office directly at 318.541.8188 to schedule your free consultation.

     

  • How is Neblett, Beard and Arsenault involved in the Opioid Litigation?

    NBA proudly represents a number of local municipalities, parishes, sheriffs and governmental entities across the State of Louisiana. We represent these local governmental entities and offices in an effort to recoup the costs and expenses the opioid crisis has caused them to incur, as well as in hopes of recovering monies for these entities to utilize in abating, mitigating and curbing the opioid epidemic and issues in their communities. NBA also proudly represents a number of municipalities in Puerto Rico, as well as a number of private healthcare providers, including hospitals and emergency room physician groups in Louisiana and throughout the country. 

  • What is the Opioid Crisis?

    In short, the opioid crisis  - sometimes also referred to as the “opioid epidemic” - broadly refers to the devastating social and economic effects caused by the unlawful marketing and distribution of opioid pain medications by nationwide manufacturers, distributors and retail pharmacies.  These detrimental effects include the vast number of individual deaths caused by opioid or drug-related overdoses, the steep increase in drug-related crime and law enforcement gatewayed by opioid use, increase in addiction treatment costs and expenses for treating opioid dependency, and the immense amount of governmental resources expended to help the local communities manage these issues. 

     

  • What is the Opioid Litigation?

    The Opioid Litigation generally refers to the collective number of lawsuits (in the thousands) that have been filed around the country.  There are several separate opioid litigations pending throughout the country in both state and federal courts. The largest litigation in the country is the national MDL – Multi-District Litigation – pending in federal court in Cleveland, Ohio.

    What is an MDL? 

    MDL generally refers to a federal procedural mechanism developed and instituted in the late 1960s to assist the federal judiciary in managing complex (and often very large) litigations pending in multiple federal courts across the country.  Congress enacted the federal “MDL” statute – 28 USC 1407 – in 1968, and charged the US Supreme Court with promulgating rules for its practice.  This statute created the U.S. Judicial Panel on Multi-district Litigation (MDL Panel), which assesses and determines the need for an MDL. In essence, where there is a number of cases pending in various different federal courts around the country concerning one or more common questions of fact and the same pharmaceutical drug, medical device or consumer issues, the Judicial Panel on Multi-district litigation may consider consolidation and transfer of all those similar cases to one single federal district court for purposes of coordinated pre-trial proceedings. This practice centers on the over-arching purpose of judicial efficiency. 

    What is the national Opiate MDL?

    The national Opiate MDL (MDL 2804) was created in December 2017. Currently over 1,800 lawsuits have been consolidated and transferred to the federal court in Cleveland, Ohio (Northern District of Ohio) before the very experienced and well-educated MDL Judge Dan Polster. Pre-trial proceedings (i.e. discovery) have been ongoing since December 2017.  There will be some trials conducted in the MDL – the first of which is scheduled to begin in October 2019.  The hope is that these trials – also called “bellwether” trials – will aid the Court and Parties in better understanding what legal claims are viable (i.e. if there is enough evidence to support the variety of claims asserted) and the value of these claims.  These are real trials which will result in real jury verdicts and final judgments.  The idea is that these bellwether trials will better assist the Parties in assessing and negotiating some sort of global financial resolution of the thousands of cases pending in federal court.

  • What is the end goal or best possible outcome of the Opioid Litigation?

    The Opioid Litigation is unprecedented and brings with it uncharted waters in terms of expectations concerning the best possible outcome. 

    The end goal or best possible outcome of the Opioid Litigation is to result in some sort of financial resolution, whereby a large pot of money (paid for by the corporate defendant opioid manufacturers, distributors and retail pharmacies) can be spread out amongst the thousands of claimants and plaintiffs to help manage and curb the opioid crisis on both the national and local level. 

    These monies can help state and local entities to mitigate or abate about the public nuisance of the opioid crisis by funding opioid abuse and dependency awareness programs, funding treatment and community outreach programs, and replenish or recoup lost resources caused by the opioid crisis; as well as make private entities such as hospitals and private healthcare companies whole for the financial losses sustained as a result of the opioid crisis.