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Injury & Accident Q & A

No, if you file a lawsuit for an injury caused by the negligence of another and either not settle or lose at trial, you owe nothing to the law firm.

Expenses are reimbursed to the firm only if a recovery is obtained.

If you have questions about a potential lawsuit after you or a family member has been injured, call the Gertler Law Firm at (504) 581-6411 for a free consultation.

Yes. If you’re considering filing a personal injury lawsuit over a car accident, slip and fall, or any other kind of personal injury, the answer comes down to “damages.”

The value is determined by the type of case, court’s review of similar cases, and what was paid in these cases.

Please note that the time-limit to file a suit commences from the day injury or damage is sustained.  It does not apply to minors or interdicts in actions involving permanent disability and brought pursuant to the Louisiana Products Liability Act or state law governing product liability actions in effect at the time of the injury or damage.

If you have questions about Personal Injury, call the Gertler Law Firm at (504) 581-6411 for a free consultation.

If you suffer a personal injury in New Orleans, the time limit within which you may file a personal injury lawsuit is governed by Louisiana law.

Often, when a person is injured as a result of someone else’s negligent conduct — such as a car accident or tripping over a hazard on someone’s property — the extent of the injuries may not be immediately apparent. While there is some time in which to make a decision about whether or not to sue, you cannot delay forever.

If it does turn out that an accident has resulted in a personal injury serious enough that you need to sue, you have one year from the date of the accident to bring a lawsuit in Louisiana for your personal injuries.

If you think you may need to bring a lawsuit but are not sure, you should consult with an experienced personal injury attorney as soon as possible. He or she will be aware of the time limitations in your case and can help you determine if a lawsuit is necessary.

Also, in some specific cases, there may be exceptions to this one year time limit. If you have been injured in the New Orleans area or elsewhere in Louisiana and have questions, please feel free to contact us at 504-581-6411 or 877-581-6411. We would be happy to help you.

If you have suffered a serious personal injury in New Orleans and need a personal injury attorney, you do not pay your lawyer in the same manner as you would when hiring a lawyer for other purposes.

Most people are used to hiring a lawyer to help in a real estate transaction or prepare a will. In those situations, you will usually pay the attorney an agreed upon fee for this work, and the lawyer may want at least part of this fee before beginning work.

Personal injury attorneys, however, usually do not receive any money up front from the injured party before beginning to work on the case. Instead, once the case is finished, the personal injury attorney receives a previously agreed upon percentage of the damages awarded to the injured person.

The idea behind this payment method is that, because the attorney does not get paid if he or she is not successful, that attorney has greater incentive to work hard and obtain the best result possible for his or her client.

This is good news if you have suffered a serious personal injury and feel you cannot afford a lawyer. In a personal injury case, your lawyer does not get paid until you do — you do not have to worry about coming up with any money to begin pursuing compensation for your injuries.

If you need assistance with a personal injury matter in New Orleans and have questions, please feel free to contact us at 504-581-6411 or 877-581-6411. We would be happy to help you.

How Is The Value Of A Personal Injury Determined?

When a New Orleans resident suffers a life-changing personal injury, it may seem impossible to place a dollar value on it. In the case of serious injuries, no amount of financial compensation can return that person’s life to normal.

Nonetheless, in personal injury cases, both insurance providers and lawyers must attempt to determine a fair value for the injury suffered.

Some damages, such as the costs associated with prior medical treatment and loss of income, are easy to calculate. Others, such as the value of pain and suffering, can be extremely difficult to place a dollar amount on.

In addition, factors such as potential future medical costs, if extensive treatment is still required, may also influence the determination of the total amount awarded in a personal injury case.

Properly determining these latter, more subjective damages requires a personal injury attorney with the experience to understand all the factors in a given case.

Several variables, such as the age of the injured person and how long they will have to live with the injury, prior health, and the likelihood of future recovery to full health need to be considered when deciding how much to pursue in damages.

If you, or a family member have a suffered personal injury in New Orleans and are not sure how to proceed, please feel free to contact my office at 504-581-6411 or 877-581-6411. We would be happy to help you.

When a personal injury occurs in New Orleans, who caused the accident is not always clear. Often, while someone else may have created a dangerous condition, the injured party also may have put themselves in a position to be injured.

Fortunately for the injured person, this does not mean they are completely barred from recovering compensation for their injuries.

Under Louisiana law, damages may be recovered even when the conduct of the injured person contributed to his or her injury. The injured person, however, would not recover full damages. Instead the amount awarded is reduced in proportion to the amount of any responsibility that the judge or jury attributes to that individual.

For an example, an injured person is awarded $100,000 in damages, but is also found by the jury to be 25 percent at fault for an accident. As a result, the total award is reduced by 25 percent, and the injured person only receives $75,000, not the total $100,000, from the defendant or defendants.

As a result, even if you think you are partially to blame for your own injury, you should take steps to protect your right to recover from the other parties who were also responsible.

If you have been injured and have questions regarding this topic, please feel free to contact my office at 504-581-6411 or 877-581-6411.

The citizens of New Orleans know how difficult it can be to try to support yourself and your family under difficult economic circumstances. If you are injured and unable to work, supporting yourself can be overwhelming.

Fortunately, if that injury was the result of another’s negligence, the injured party often has the right to pursue compensation for lost wages.

Also, in cases where a person suffers injuries that lead to a long term or permanent inability to work, the injured person may sue for future lost wages based on a projection of what his or her earnings would have been if the injury had not occurred.

Given the financial difficulty a permanently disabled individual may face in the future, this can prove a very significant aspect of a lawsuit brought under these circumstances.

If you are in this situation, however, you should bear in mind that in some cases limitations may be imposed on what you can recover. For example, if you were injured in a work related accident and received payment for lost wages through a worker’s compensation carrier, that carrier may seek reimbursement of its payments to you against the amount you would otherwise receive for lost wages in your personal injury case.

If you have been injured in an accident and have any questions regarding recovery of lost wages from the party who caused your injury, please feel free to call my office at 504-581-6411 or 877-581-6411. We would be happy to help you.

Most people in New Orleans have heard that when someone is accused of a crime their guilt must be proved “beyond a reasonable doubt.” Being convicted of a crime has serious repercussions, so, our government has set this high standard of proof for a person to be found guilty.

Because personal injury cases are limited to monetary damages and do not involve a possible loss of freedom, this same high standard does not apply.

In most non-criminal (civil) cases involving personal injury, the standard of proof is not “beyond a reasonable doubt”, but instead what is termed “a preponderance of the evidence.” A preponderance of the evidence may be defined as enough evidence to establish that it is more probable than not that the defendant is responsible.

To put it simply, if you are suing another person for causing your injury, you must prove to the jury that it is more likely than not that you suffered an injury and that the injury was the result of the negligence of the defendant. Because of this lower standard, it is easier to establish legal responsibility in a personal injury case than it is to establish guilt in a criminal case.

If you have been injured in Louisiana and have questions, please feel free to contact us at 504-581-6411 or 877-581-6411. We would be happy to help you.

Dogs are a popular pet in New Orleans. Unfortunately, that means that dog bite injuries are not an unusual occurrence. Should you become injured by a dog, there are a number of steps to consider taking.

The most important thing you can do, especially if you are badly injured, is to seek medical care for your wound. Once this has been accomplished, try to find out if the dog has had its rabies shots. After these initial steps have been taken, you can then look to protect your rights should you need to pursue a personal injury claim.

Once you are in a condition to do so, you should contact the local police department. They will prepare a report documenting the incident. Also, you should attempt to get name and address of the dog owner. If the owner is willing to share any information with you regarding his or her homeowner or renter insurance, obtain that also. This insurance may help pay for any medical attention you need as a result of being bitten.

You should also obtain the names of and contact information for anyone who saw the dog bite you. If the witnesses are familiar with the dog, ask them if they have ever seen the dog previously demonstrate any sort of aggressive behavior, such as biting, growling, or jumping on people. This information may be helpful in establishing that the dog posed an unreasonable risk of harm should you need to sue as a result of your injuries.

Finally, if an insurance company contacts you, do not sign any releases or make any statements to them regarding the incident.

If you are bitten by a dog in New Orleans and have any legal questions, please feel free to call our office at 504-581-6411 or 877-581-6411 regarding the incident.

When a personal injury case in New Orleans is brought to trial, Louisiana law and the specific rules of the court where a trial occurs control how a jury is chosen. While the details regarding jury selection may vary, here are some general rules on how this process occurs.

Jury selection starts with a large pool of people for your lawyer and the defendant’s lawyer to choose from. These people will be questioned to see if they have any obvious conflict that would bar them from hearing the case.

Relatives and employees of the parties would have an obvious conflict. Other areas that may indicate an obvious conflict include having prior knowledge about the case and having previously interacted with one of the parties involved, their lawyers, or witnesses. Potential jurors with an obvious conflict may be dismissed.

The attorneys for each party will also question jurors regarding specific topics related to the case. In a personal injury case, these questions frequently involve the potential jurors’ experiences with injuries, doctors, and insurance companies — and their opinions about personal injury lawsuits. Based on their responses, some of these jurors may also be dismissed.

An unlimited number of prospective jurors may be dismissed “for cause.” An attorney requesting dismissal for cause must convince the judge that a potential juror cannot rule fairly because of some obvious bias.

Each lawyer also has a limited number of “peremptory challenges.” This challenge may be used to dismiss anyone without providing a reason or having to convince the judge. Peremptory challenges may be used when a lawyer simply feels a person would not look favorably on his or her client. It does not require that the judge be convinced that person could not be fair.

The jury in a personal injury case may consist of either six or twelve people. The first six (or twelve) people not dismissed will be placed on the jury to hear the case. One or more alternate jurors may also be chosen in case a juror must be replaced during the trial.

If you or a family member has been injured, and would like to discuss your legal options, contact us 504-581-6411 or 877-581-6411.

For more information about how we can help, visit gertler-law-firm.com.