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Home » Archives for Louis Gertler » Page 36

Louis Gertler

Louisiana Legislature Aims To Toughen Laws Regulating Texting While Driving

July 18, 2013 by Louis Gertler

Over the last few years, the New Orleans area has seen a number of terrible auto accidents involving drivers who were sending text messages while driving. While the State of Louisiana began regulating this dangerous practice in 2008, the legislature recently has decided that the existing law did not go far enough to protect innocent […]

Is A Driver Always Liable If He Strikes A Pedestrian?

July 18, 2013 by Louis Gertler

When a New Orleans personal injury accident involves a collision between a motor vehicle and a pedestrian, Louisiana has specific laws regarding the duty of the driver. These laws, however, do not automatically make the driver legally responsible for the pedestrian’s injuries. Louisiana Revised Statute 32:214 requires that drivers shall “exercise due care to avoid […]

How Does A Defendant’s Insurance Apply In A Personal Injury Lawsuit?

July 18, 2013 by Louis Gertler

In most New Orleans personal injury lawsuits, the majority of the work involved in defending the case will be conducted by the defendant’s insurer and its attorneys. While both injured clients and the general public are sometimes concerned about causing extreme financial hardship to a defendant who – while negligent – did not intentionally cause […]

Study Finds That Many Booster Seats Pose Danger Of Injury To Children

July 18, 2013 by Louis Gertler

New Orleans families should be aware that not all booster seats fare equally in protecting children from personal injury. While children between the ages of four and eight are 45% less likely to be injured in a motor vehicle accident when using a booster seat – as opposed to using only a seat belt – […]

If A Tenant Trips And Falls On Rented Property, Is The Landlord Responsible?

July 18, 2013 by Louis Gertler

Every time we’re contacted by someone who was injured in a fall at an apartment or condo, we’re asked “the landlord is responsible for injuries on their property, right?” In most New Orleans premises liability lawsuits, who is responsible for the maintenance and upkeep of the property is simple: it is the owner. But that […]

Proposed Constitutional Amendment Protects Medical Malpractice Funds

July 18, 2013 by Louis Gertler

This month, New Orleans residents will be voting on a proposed amendment to the Louisiana State Constitution designed to protect the Patient Compensation Fund. The amendment requires that the funds only be used for payment of medical malpractice claims, and bars state lawmakers from diverting any money in the fund to cover other areas of […]

If I Was Injured By Someone Breaking A Law, Are They Automatically Responsible For My Damages?

July 18, 2013 by Louis Gertler

Many New Orleans personal injury lawsuits involve a defendant who was violating a legal statute, such as a driver who runs a red light or fails to yield the right of way. While a clear violation of such laws may establish the defendant’s guilt in criminal court, they do not necessarily establish his or her […]

How Common Is Traumatic Brain Injury Following A Serious Accident?

July 18, 2013 by Louis Gertler

Traumatic brain injury is among the more subtle and difficult to diagnosis injuries seen in New Orleans personal injury accidents. Because the medical community is still learning about this condition, there are few full studies regarding its frequency. According to an older study from the Louisiana Department of Health and Hospitals, 6,754 Louisiana residents were […]

Seatbelt Use Is Up In Louisiana, But New Orleans Still Lags Behind

July 18, 2013 by Louis Gertler

As experienced New Orleans personal injury attorneys, we have seen the significant difference that simply wearing a seatbelt can make in a motor vehicle collision. Wearing a seatbelt can literally be a life or death decision. As a result, there has been a great push on both the state and national level to increase seatbelt […]

What Happens If The Defendant’s Insurance Company Denies Coverage For My Injury?

July 18, 2013 by Louis Gertler

The vast majority of New Orleans personal injury lawsuits involve the pursuit of damages through a defendant’s insurer. While the defendant named in the lawsuit may be the individual or entity that caused the injury, in most cases the defendant’s insurer has the greatest involvement, both financially and legally, in actually defending the case. The […]

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