The short answer is: as soon as possible. The longer you wait to consult with an experienced New Orleans motorcycle accident attorney after a crash, the harder it can be to develop the strongest possible case to win you the largest possible award. If you or a loved one consult with an accident attorney right away, the attorney stands the best chance of collecting fresh evidence. Important evidence collected by your attorney can be things such as documentation of the scene of the accident, talking to witnesses while their memories are still fresh, and heading off attempts by insurers to cut you off with quick, but very low, settlement offers. The sooner you act, the better your outcome is likely to be. While things like medical costs that you’re entitled to recoup may not be fully known for some time, an experienced motorcycle accident attorney will know how to project your likely…Read More
It’s always a source of concern if there are indications that an elderly relative’s health status is changing, especially when they are in residential care. The first thing to do in situations where your loved one seems to be having greater problems with mobility and falling down is talk to them. Does your relative agree that they are simply falling more often? Ask how the staff in the home has responded to falls, and how quickly. Find out if there are specific activities triggering falls, such as vertigo or lightheadedness when first rising from bed or standing after sitting. You may learn valuable information that can help with the problem in the future, or you may decide that it’s time to see a doctor to make sure nothing serious is going on. More rarely, and more worryingly, you may realize that your relative is experiencing neglect or abuse by nursing home…Read More
When you’re being pressured by an insurance company, you have an even greater incentive to find an experienced, independent attorney who can represent your interests and fight for the largest settlement or award possible. Insurers will go to great lengths to limit their exposure to paying out large damage awards, which can even skirt the line of acceptable conduct and communications in trying to get you to sign on the dotted line when they know that their offer isn’t appropriate. When you work with a New Orleans motorcycle accident attorney, you can count on having an advocate who works for you, not the insurance company. The attorneys at The Gertler Law Firm have spent the past 30 years protecting people from predatory insurance companies and helping them get the resources they need to recover from motorcycle accidents and move on with their lives. Don’t be pressured by an insurance company to accept a…Read More
Louisiana law includes a Nursing Home Resident’s Bill of Rights, which protects the liberties and prerogatives of our seniors and others who live in nursing homes in the state. On top of that, the federal Medicare program offers additional assurances when it comes to the rights enjoyed by those living in residential facilities. Under Medicare and Louisiana state law, nursing home residents are protected against abuse, including verbal, sexual, physical, and mental or emotional abuse. Additionally, under Medicare you have rights to be treated with dignity and respect; to be informed, in writing, about the costs and services associated with the home; the right to manage your own money, or appoint a person of your choosing to do so; the right to your personal belongings and your privacy; the right to see your own doctor, be fully informed about any medical conditions and their treatment, and the right to refuse treatment;…Read More
Motorcycle accidents can be catastrophic events that lead to permanent disabilities, and even death. When a person gets hurt while riding a motorcycle, it’s important that they or a family member act quickly in the aftermath to consult with an injury attorney in New Orleans and begin the process of identifying the specific damages involved. Your attorney will then help you negotiate with insurers, file a claim in court or may even push for a jury trial if they see the need, to recover losses like: Medical expenses, both current and future. In many instances, people suffer head or spinal injuries in motorcycle accidents and may have lifelong expenses that stem from the accident. Lost wages, as a category, may be a modest amount of money reflecting days or weeks lost during recovery, or it may represent all future earnings for people who lose the ability to return to work after a motorcycle…Read More
Some states require that a dog bite victim prove that an animal has bitten someone in the past in order to collect damages. This is known as the one free bite rule, but this isn’t the law in Louisiana. Instead, in Louisiana, we have a strict liability rule when it comes to dog bites. Victims must only show that they did nothing to provoke the dog, and that the owner didn’t take reasonable precautions to prevent the dog from biting. Evidence such as poor maintenance of a fence, allowing a dog to roam freely, or avoidance of leash laws can be used to show that the owner did not act in a way to prevent a dog bite. In Louisiana, dog bite cases are typically handled by the dog owner’s homeowner’s insurance policy, and cases can generally be settled outside of court by an experienced dog bite attorney. Make sure you consult one…Read More
Four Types Of Nursing Home Abuse Louisiana Considers Illegal The Louisiana Department of Health has specific definitions for certain types of illegal conduct that residents in nursing home facilities may be unlawfully subjected to. Specifically, state regulators are concerned about four particular types of conduct, that are generally defined this way: Abuse may be physical, emotional, or sexual. Physical abuse includes contact that produces pain or injury, including hitting, shoving, pulling hair, pinching, and yanking. Emotional abuse can include classic bullying techniques, such as threats, ridicule, keeping a resident isolated from family or other residents, harassment, and intimidation. Sexual abuse is any unwanted sexual activity, whether or not it involves contact or produces injury. Neglect situations are similarly well defined. When a caregiver engages in neglect, obvious signs include withholding the provision of necessary care, including water, food, medication, physical support services, resident safety, cleanliness within the facility, and any other necessity.…Read More
Drivers and motorcycle riders are both required to carry insurance to cover costs associated with a possible accident. Many people skirt this law without realizing that there are consequences in the event that an accident does happen. If you’re an uninsured motorcyclist and the victim of another driver’s negligence, you’ll find that you may be subject to Louisiana’s no pay – no play rule. Basically, an uninsured motorist or motorcyclist is not allowed to collect the first $10,000 of personal injury or property damage when there’s an accident. No pay – no play is meant to be yet another incentive to carry liability insurance, but in practice, it can result in unfair outcomes. There are exceptions to this exclusion. For instance, if the driver who hit you was drunk, the no pay – no play rule will not be applied. For motorists, no pay – no play doesn’t apply to passengers…Read More
There are a series of steps you should take after suffering a dog bite in New Orleans. It’s very important that you try to identify the dog and the dog’s owner to determine whether the dog is properly vaccinated against rabies. If you’ve been bitten by a stray dog, your medical treatment is likely to more extensive than if the dog is known to be vaccinated. In addition to seeking medical treatment for the dog bite, you should try to get contact information from witnesses to the incident. Document all types of injuries, including puncture wounds, cuts, and bruising. If you can identify the owner of the dog, get their contact information and insurance information. Photographs of the scene where the incident occurred are also helpful. As soon as possible, write down a thorough narrative of the events so that you have a contemporaneous account available. If you wish to file a…Read More
When you win a damage award or settlement following a motorcycle accident in New Orleans, your health insurance company can demand repayment of some or all of their expenses from your motorcycle accident. This is just another reason why an experienced attorney is vital in dealing with the myriad issues that serious injury cases can present to those who’ve been hurt. Not only will your attorney ensure that any settlement or award is maximized, but a good lawyer will ensure that any effort by health insurers to collect for reimbursement of costs is fully scrutinized and that you pay no more than is absolutely necessary. When a person has been injured in a motorcycle accident in New Orleans, their job is to get better, not fight with health insurance companies or the at-fault party’s insurer. Also, it’s important to seek the advice of an experienced attorney prior to accepting a settlement from…Read More