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Home » Archives for July 2013

Archives for July 2013

Someone Rear-ended Me Last Weekend While I Was Sitting At A Traffic Light Causing My Vehicle To Hit The Rear Bumper Of The Car In Front Of Me

July 30, 2013 by Louis Gertler

Am I At Fault? Sorry this happened to you. In Louisiana when a rear-end collision occurs the law actually provides a presumption that the rear, or “following,” motorist was negligent. If you were injured in a rear-end collision in Louisiana, you can assume that the rear car that caused your accident, any damages and any […]

I Was In An Automobile Accident 10 Months Ago And Sustained A Back Injury. Is It Too Late For Me To File Suit?

July 23, 2013 by Louis Gertler

According to La Civil Code § 3492 et seq., you have until the Statue of Limitations runs out to file a personal injury claim. It is essential that you consult with a qualified Louisiana personal injury attorney as soon as possible to preserve whatever rights you may still possess. If you have questions about a […]

Who Is Allowed To File A Wrongful Death Lawsuit?

July 18, 2013 by Louis Gertler

When a person in New Orleans dies due to the fault of another, an action against the responsible party must be commenced within one year of the date of death. The wrongful death action is an action brought by family members to recover damages suffered by them as a result of the loved one’s accidental death. […]

I’ve Seen A Safer Version Of The Same Product That Injured Me. Does That Help My Case?

July 18, 2013 by Louis Gertler

A New Orleans resident who is pursuing a personal injury or product liability lawsuit against the manufacturer of a dangerous product may claim that the product is unreasonably dangerous in its design. When pursuing a product liability claim as a result of an injury, the plaintiff must prove specific facts as outlined in Louisiana law. First, the plaintiff […]

I Was Injured By An Intoxicated Teenager, Can I Sue The People Who Provided Him The Alcohol?

July 18, 2013 by Louis Gertler

Visitors to New Orleans often have a misconception that the city has relaxed regulations when it comes to underage drinking. In fact, the drinking age in Louisiana is twenty-one, and it is illegal to serve alcohol to minors. Moreover, if an intoxicated minor injures someone, the party who provided the alcohol could potentially be exposed […]

The Defendant In My Case Says I Failed To Mitigate Damages. What Does That Mean?

July 18, 2013 by Louis Gertler

When a personal injury occurs in New Orleans, the injured party has a duty to mitigate his or her damages. This means that the injured person must take reasonable steps to minimize the consequences of the injury. A plaintiff’s failure to mitigate damages may reduce the amount awarded in a personal injury lawsuit. If the […]

What Are Collateral Sources In A Personal Injury Lawsuit?

July 18, 2013 by Louis Gertler

New Orleans accident victims usually do not rely solely on the outcome of a personal injury case to pay expenses arising from their injuries. Other individuals or organizations often pay expenses that are also being claimed in the personal injury lawsuit. These other parties are called collateral sources. Examples include a health insurer, an employer […]

I Was Injured In A Collision With A Truck. Why Does My Lawyer Want To See The Driver’s Logbooks?

July 18, 2013 by Louis Gertler

Unfortunately, there have been many terrible accidents in the New Orleans area involving large trucks. While some of these accidents have other causes, the National Transportation Safety Board has found that driver fatigue contributes to 30 to 40 percent of large truck accidents. The federal government strictly regulates the number of hours a truck driver […]

Can You Sue A Gun Manufacturer For Making A Dangerous Product?

July 18, 2013 by Louis Gertler

When a resident of New Orleans is injured or killed by a firearm – whether intentionally or accidentally – the law greatly constrains the circumstances under which the manufacturer or seller of the firearm may be sued for making or distributing an unreasonably dangerous product. While a personal injury or wrongful death lawsuit may be […]

500,000 Pounds Of Potentially Dangerous Food Products Recalled

July 18, 2013 by Louis Gertler

The Louisiana Department of Agriculture and Forestry’s Office of Animal Health and Food Safety has announced the recall of approximately 500,000 pounds of “ready to eat” sausage and hog head cheese produced by Veron Foods, LLC, of Prairieville, Louisiana. These products may be contaminated with Listeria monocytogenes, and New Orleans residents who have purchased these […]

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