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Home » Archives for Louis Gertler » Page 38

Louis Gertler

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 […]

Study Finds Truck Underride Guards Offer Inadequate Protection In Auto Accidents

July 18, 2013 by Louis Gertler

Personal injury accidents involving collisions with large trucks occur all-too frequently in the New Orleans area. One of the greatest hazards in such accidents is the possibility of a car sliding under the truck, leading to serious injury or death. A recent study by the Insurance Institute for Highway Safety (IIHS) on the effectiveness of […]

If I Was Using A Machine Just Like The Manufacturer Instructed And Was Injured, Can I Seek Compensation For My Injury?

July 18, 2013 by Louis Gertler

When a New Orleans resident is injured while using a machine at work, whether he or she can recover any damages is governed under the Louisiana Products Liability Act. To recover damages under this act, the plaintiff must prove that the product was unreasonably dangerous in one of four ways: 1) construction or composition, 2) design, […]

If I’m Injured By Someone, Are They Always Legally Responsible For My Damages?

July 18, 2013 by Louis Gertler

While every New Orleans personal injury lawsuit has its own set of unique circumstances, there are some fundamental facts that must be proven in every case before the plaintiff may be awarded damages. The basic laws underlying all personal injury lawsuits brought in Louisiana are set forth in Articles 2315 and 2316 of the Louisiana […]

My Lawyer Says That The Defense Has Filed A Motion For Summary Judgment In My Case. What Does That Mean?

July 18, 2013 by Louis Gertler

A motion for summary judgment is a procedural device that allows a court to resolve a case without a full trial when there is no “genuine issue of material fact” to be decided. If the court comes to that conclusion, the party bringing the motion is entitled to judgment as a matter of law. Such […]

My Car Was Struck From Behind. Can I Still Be Blamed For Causing The Accident?

July 18, 2013 by Louis Gertler

When a New Orleans personal injury auto accident occurs, the driver who is at fault is responsible for paying any damages arising from the collision. While which driver is responsible is usually a question of fact that must be decided by a judge or jury, it helps the injured party’s case if he or she […]

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