Yes, it may be possible to make a successful claim for compensation after a dog bite in New Orleans even if the dog was properly leashed. Every case is built on facts, and examining the facts of your case is vital in determining whether negligence can be shown on the part of the dog’s owner. Louisiana law applies a strict liability concept in cases of dog bites, meaning that the owner is strictly liable for dog bite damages except in very narrow circumstances. When you or your child has been bitten by a dog, the owner may be liable for damages like medical expenses, lost wages from dealing with the aftermath of the bite, future medical costs, which are common in cases where reconstructive or cosmetic surgery may be required to fully heal an injury, and pain and suffering you or your child experienced during the event itself. The Gertler Law Firm is…Read More
Yes, a resident who is between contracts or has some other arrangement with a nursing home, assisted living facility, or other long-term care facility can take action when nursing home abuse or neglect happens in New Orleans. Immediate family members or survivors can also pursue claims against a nursing care facility that fails to provide an appropriate standard of care, violates residents’ rights, or creates conditions that lead to injury or death. This can include anything from poor hiring procedures to facility cleanliness to mis-administration of medication, and much more. Nursing homes are required by law to provide high quality care to those who reside on the premises. While an existing contract may provide additional protections, Louisiana law is very clear on the basic rights that such facilities may not violate, including civil and religious rights, freedom from abuse, and freedom to make independent financial decisions. Nursing home abuse and neglect is a real…Read More
Louisiana law makes it clear that a dog’s owner is strictly liable if they cause injury to a person, including a worker on the premises. Not only can you make a claim against the homeowner, but you may be able to recover immediate expenses for medical costs and lost wages through worker’s compensation. Under Louisiana’s worker’s compensation laws, you have the right to choose your own physician for treatment, up to $750 in care. If you require emergency treatment that exceeds that amount, worker’s comp will generally cover it. Outside of emergencies, after that amount, your employer’s health insurance plan must approve the physician. Sometimes disputes arise between an employer’s approved physician and your doctor. Needless to say, injuries resulting from a dog bite while working in a home can cause complicated situations that require experienced legal help. At The Gertler Law Firm, we’ve helped injured people in New Orleans recover more than…Read More
Unfortunately, insurance companies know that if they can keep you from talking to a lawyer, they’re likely be able to persuade you to take less than you’re entitled to in an insurance settlement after a motorcycle accident in New Orleans. They’ll offer you a low-ball figure that probably won’t accommodate your present or future needs, along with a waiver that, once you sign it, will prevent you from taking legal action against them down the road. Don’t fall prey to unscrupulous insurance company representatives. Before you meet with representatives from an insurance company, or sign forms they send you, consult with an experienced New Orleans motorcycle accident attorney. At The Gertler Law Firm, we can help you calculate the true costs of an accident, and negotiate an appropriate amount with the insurance company after an accident. Protect your rights by calling (504) 527-8767 and talk to a lawyer for free.Read More
Many people don’t realize that the majority of dog bites don’t involve adult victims. Instead, the most likely victim of an aggressive dog is a child between the ages of five and nine. Because of their small size, the injuries from a bite or mauling can be serious and require extensive medical intervention, often leaving permanent scarring. You have rights when your child has been attacked by a dog in New Orleans. Louisiana law creates a strict liability for dog owners in cases where their animals hurt others. That means that when you’ve sustained financial loss from medical expenses related to a dog bite case, it’s worth exploring your legal options to recover the costs. At The Gertler Law Firm, we help parents get the compensation they need to care for a child recovering from a dog bite or attack. Call us today at (504) 527-8767 for a free consultation with an experienced…Read More
Families considering nursing home care for an elderly parent or other loved one have ample reason to be concerned for the welfare and care their family member will receive. While the vast majority of nursing homes and their staff endeavor to provide the highest quality care, the fact is that bad actors can end up on staff, or shoddy administration can create a culture of neglect or even abuse in a nursing home. When you place your loved one in nursing home care, some of the warning signs to watch for of nursing home abuse or neglect include: Changes to personality or mood Minor injuries like bruises or cuts Serious injuries Bed sores or infections Lack of cleanliness in the facility itself Infections or frequent illness in your loved one Unexplained weight loss or weight gain. Nursing home abuse and neglect is a growing problem for seniors and their families, and any…Read More
It is possible that you’ll be required to appear in court when pursuing a motorcycle accident claim in New Orleans. The good news is that the majority of motorcycle accident cases can be settled out of court before a trial has to be held, but every case is unique and comes with its own set of facts. An experienced motorcycle accident attorney is your best resource in learning whether your case is likely to go to trial, or can be negotiated to a satisfactory outcome without a judge overseeing the proceedings. At The Gertler Law Firm, we’ve represented injured parties as they seek to recover damages and regain their health for nearly 30 years, and in that time we’ve recovered more than $100 million in awards and settlements for our clients. If you’ve been hurt in a motorcycle accident and need to be compensated for injuries, call us today at (504) 527-8767 and…Read More
In most cases, yes, the dog owner’s homeowner’s insurance will be the party you’ll deal with to collect damages like medical costs, lost wages, future medical costs, and pain and suffering. Negotiating with an insurance company after a dog bite can be difficult, since they have enormous incentives to undercut your costs by as much as possible. It’s important to fully account for current and future medical costs in particular, because many cases will require cosmetic surgery to correct scarring and other disfigurement, especially when the victim is a child. Louisiana uses a “strict liability” standard in dog bite cases, meaning that the owner is liable except in very limited circumstances. An experienced New Orleans dog bite attorney can help you evaluate the specifics of your case and help you find the right strategy for you and your family. The Gertler Law Firm has helped clients recover more than $100 million in damages.…Read More
Nursing home neglect or abuse isn’t always easy to prove, but the suspicion itself can be crushing to family members who are doing their best to provide a high level of care for an elderly parent or grandparent. Some of the common signs will be physical and obvious, while others are less clear and can leave you questioning your own judgment. Physical signs of neglect or abuse among nursing home residents include injuries like broken bones, unexplained bruises, bed sores, cuts and abrasions, and similar indicators that physical force is being used or physical care isn’t being provided. But for many people in nursing homes, the abuse is more subtle, and may manifest as changes in personality or mood such as elevated anxiety or symptoms of depression. The bottom line is that your intuition is a powerful guide, and if you suspect that a loved one is being abused or neglected in…Read More
Injury cases, including dog bite lawsuits in New Orleans, generally award compensation for a number of losses you may experience. These losses may include the costs of medical treatment associated with the dog bite, lost wages from time away from work receiving treatment or healing, future medical costs that you can reasonably anticipate as a result of the dog bite, compensation for pain and suffering from the experience, and recovery for any property damage that required repair or replacement. In dog bite lawsuit cases, owners are considered to have strict liability, but there are limitations based on individual circumstances. These are decided on a case by case basis, but generally speaking, if a victim can be shown to have provoked the dog, the dog’s owner can prevail in a dog bite case. This is why it’s so important to work with an experienced dog bite attorney. At The Gertler Law Firm, we…Read More