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Home » Archives for July 2013 » Page 2

Archives for July 2013

Do Louisiana’s Child Car Seat Laws Adequately Protect Children From Injury?

July 18, 2013 by Louis Gertler

As New Orleans personal injury attorneys, we can personally attest that lawsuits involving a child who has been injured or killed are difficult for everyone involved. While the child and family deserve full financial compensation in such cases, we would all prefer that such accidents never occur. Unfortunately, as of 2006 – the last year […]

Louisiana House Committee Rejects Effort To Lower Threshold For Jury Trials

July 18, 2013 by Louis Gertler

For most personal injury lawsuits in New Orleans, the parties have the right to request that a jury, not the judge, hear their case. This is not true, however, when the damages being sought are less than $50,000. For these cases of lesser value, Louisiana law requires that any trial be conducted before a judge […]

If The Issues Surrounding My Injury Are Clear Cut, Does A Jury Still Have To Hear The Case?

July 18, 2013 by Louis Gertler

There are many different ways that a New Orleans personal injury lawsuit may be resolved without a trial by jury. While television shows may give the impression that trials are a common occurrence, in reality very few lawsuits actually conclude with a jury trial – especially lawsuits in which the issues are clearly in favor […]

I’ve Heard That Wearing A Seatbelt Can Cause Worse Injuries Than Not Wearing One. Is That True?

July 18, 2013 by Louis Gertler

We have represented many New Orleans residents who suffered serious injuries in car accidents. While seatbelts may cause injuries, the damage we have seen inflicted on our clients by seatbelts is usually minor compared to the injuries suffered by unbelted occupants. Our observations are supported by studies conducted by the National Highway Traffic Safety Administration […]

If My Child Is Injured At School, Can I Sue The School?

July 18, 2013 by Louis Gertler

The schools of New Orleans have the difficult task of not only educating thousands of children, but also attempting to maintain an environment that is safe for all students. While there is no absolute bar to suing a school when its employees fail in their duty to properly supervise students and provide a safe environment, […]

When Are Manufacturers Required To Put Warning Labels On Products?

July 18, 2013 by Louis Gertler

When a dangerous product has injured a client, New Orleans personal injury attorneys usually will examine what warnings, if any, the manufacturer gave regarding the product’s use. In some cases, a product may be found to be dangerous because the manufacturer did not provide an adequate warning. Whether a manufacturer must provide a warning depends on […]

What Actions Performed By A Health Care Provider Are Considered Medical Malpractice?

July 18, 2013 by Louis Gertler

Most health care facilities in the New Orleans area are comprised of competent and hardworking professionals. Unfortunately, there are occasions when the treatment provided to a patient falls below acceptable medical practice. When this happens, the patient may be able to file a medical malpractice claim. A health care provider’s treatment must meet an appropriate […]

My Medical Bills Are Being Paid By Medicare. Does That Change My Personal Injury Lawsuit?

July 18, 2013 by Louis Gertler

Dealing with Medicare laws has become an increasingly complicated area for New Orleans personal injury attorneys. Under federal law, Medicare has a right to recover any payments it made for medical treatment. This right extends to taking a portion of the damages awarded in a personal injury lawsuit. There are very strict regulations surrounding the […]

I Was Injured By An Old Power Tool. Can I Still Sue The Manufacturer?

July 18, 2013 by Louis Gertler

When a New Orleans resident is injured by a power tool or other manufactured product, a potential claim against the company that made the dangerous device is governed by the Louisiana Products Liability Act. This law sets forth some very specific rules regarding older manufactured products in a personal injury lawsuit. Where problems may arise when […]

What Is A Class Action Lawsuit?

July 18, 2013 by Louis Gertler

When a citizen of New Orleans suffers a personal injury from a product used nationwide, they may not have to proceed alone. If enough people are injured by the actions of a company, a claim may be made as a group against that company. This is referred to as a class action lawsuit. Not all […]

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