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Home » Archives for July 2013 » Page 7

Archives for July 2013

Louisiana Supreme Court Rules On The Limits Of A Medical Review Panel’s Opinion In Medical Malpractice Lawsuits

July 18, 2013 by Louis Gertler

Nearly all medical malpractice claims in New Orleans must be screened by a Medical Review Panel prior to proceeding to court. The purpose of the Medical Review Panel – which consists of three medical providers – is to render an expert opinion regarding whether the medical provider against whom a claim is being made violated […]

Study Finds Even Small Amounts Of Alcohol Increase Severity Of Motor Vehicle Accidents

July 18, 2013 by Louis Gertler

We have all heard accounts of severe personal injury accidents in New Orleans involving drunk drivers. Such accidents tend to be viewed very seriously because they arise from preventable behavior and could have been avoided. While most people acknowledge the danger of drunk drivers, a recent study by demographers at the University of California, San […]

Louisiana Legislature Again Decides Against Banning Use Of Hand-Held Phones While Driving

July 18, 2013 by Louis Gertler

New Orleans drivers may continue to use their cell phones, and New Orleans personal injury attorneys may continue to seek damages from drivers who cause accidents because they were on the phone. Both of these issues were the subject of a bill recently rejected by the Louisiana House of Representatives. For years, efforts have been […]

I Think The Defense Is Videotaping Me. Can They Do That?

July 18, 2013 by Louis Gertler

Occasionally, the defense in a New Orleans personal injury lawsuit will conduct surveillance of the plaintiff. The purpose of this surveillance is to gather information to demonstrate that the plaintiff is not as injured as he or she claims. Although the defense may have a videotape of your activities that they wish to show a […]

How Can You Prove A Brain Injury When There Is No Obvious Damage?

July 18, 2013 by Louis Gertler

Traumatic Brain Injury is among the more difficult injuries for New Orleans personal injury attorneys to prove. While some brain injuries involve bleeding in the brain or skull fractures that a jury will be able to clearly see in brain scans or x-rays, these tools may not be precise enough to show more subtle damage. As a […]

Louisiana Supreme Court Reinforces Proper Procedures In Injury Lawsuits

July 18, 2013 by Louis Gertler

When filing a personal injury lawsuit in New Orleans, it is important to have a competent and experienced personal injury attorney who understands the procedural requirements in bringing a lawsuit. This fact was recently reinforced in the case of George Igbinoghene and Sebastian Busari v. St. Paul Travelers Ins. Co., where the Louisiana Supreme Court […]

What To Do After Being Injured After Tripping On A Broken Sidewalk In Front Of A Store In New Orleans

July 18, 2013 by Louis Gertler

Can you pursue a lawsuit after falling on a sidewalk outside a store in the New Orleans area, such as at a Walmart, Rouses Market, Winn-Dixie, Fresh Market, Whole Foods and Costco? In most, but not all instances, yes. Louisiana Law allows a resident to pursue a personal injury lawsuit against a New Orleans store owner for failure to repair a defective walkway […]

What Is Vicarious Liability?

July 18, 2013 by Louis Gertler

In most cases, New Orleans personal injury attorneys proceed directly against the person that caused the injury to a client. There are situations, however, where the law holds a third party responsible for that person’s actions, even though that third party did nothing to directly cause the injury. This is referred to as vicarious liability. […]

I Don’t Think The Defense’s Expert Is Using Valid Scientific Analysis. Does The Jury Still Get To Hear His Opinion?

July 18, 2013 by Louis Gertler

Expert witnesses may be used in New Orleans personal injury lawsuits for a variety of reasons. While the topics an expert may testify about are essentially limitless, both personal injury and defense attorneys frequently employ experts for such diverse purposes as reconstructing motor vehicle accidents, examining the engineering of a dangerous product, and evaluating future […]

I Was Injured Using A Product That Didn’t Meet Industry Standards. Does That Make The Manufacturer Responsible?

July 18, 2013 by Louis Gertler

New Orleans Product Liability lawyers typically examine whether a product that caused an injury was properly manufactured. Part of that examination may include an investigation into whether the item was made in compliance with the relevant industry and government standards. People injured by defective products may be eligible to file a product liability lawsuit. While a […]

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