Louis Gertler

New Orleans birth injuries remain an all too common occurrence. While childbirth is a complicated event and some birth injuries are unavoidable, when a baby is injured as a result of the negligence of the medical personnel overseeing the birth, the family is entitled to pursue compensation. Unfortunately, many of the devastating injuries that occur during birth can be […]

While all New Orleans wrongful death lawsuits are brought under difficult circumstances, the most tragic cases involve a loved one who suffers from the time of injury until death.  When this happens, the family of the victim may be entitled to pursue a survival action in addition to the wrongful death case. A survival action […]

Lost chance of survival is an issue that may arise in New Orleans medical malpractice lawsuits where the patient has passed away. In cases where a patient — because of his or her medical condition — may have died regardless of medical treatment, damages can still be awarded if the doctor’s negligence caused the patient […]

Not every injury entitles the injured person to compensation. 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 […]

Not every New Orleans personal injury lawsuit involves victims who were in perfect physical condition prior to the accident. Especially in the case of older victims, minor physical problems may become much more serious following an accident. A pre-existing injury can complicate a personal injury lawsuit. Obviously, the defense will argue that the victim’s current […]

It is not unusual for the defense in a New Orleans personal injury lawsuit to request that an injured person undergo an examination by a medical provider of their choosing. While the defense typically refers to this examination as an “independent medical examination”, personal injury attorneys frequently call it a “defense medical examination” because the […]

The conduct of the injured person can be an issue in any New Orleans premises liability lawsuit. As a result, it is likely that the defense will – at least to some extent – call into question the actions of the injured person when such a case is being tried. A person patronizing a store […]

The parties occasionally file motions for summary judgment with the court in New Orleans personal injury lawsuits. The filing of such a motion means that one of the parties believes that there are facts in their favor that are beyond dispute. If the court agrees, the court will rule on the issue without need for […]