Yes. If you’re considering filing a personal injury lawsuit over a car accident, slip and fall, or any other kind of personal injury, the answer comes down to “damages.” The value is determined by the type of case, court’s review of similar cases, and what was paid in these cases. Please note that the time-limit to file a suit commences from the day injury or damage is sustained. It does not apply to minors or interdicts in actions involving permanent disability and brought pursuant to the Louisiana Products Liability Act or state law governing product liability actions in effect at the time of the injury or damage. If you have questions about Personal Injury, call the Gertler Law Firm at (504) 527-8767 for a free consultation.Read More
Due to the complexities in the legal system, the law can be very confusing and overwhelming to those who do not have a legal background. An experienced car accident attorney knows the appropriate steps that are essential to a lawsuit for the particular types of injuries suffered in a vehicle accident. A highly qualified attorney can usually, and very quickly, evaluate your case and chances of recovering damages for your losses, including any injuries and medical costs. If you have questions about an auto accident, call the Gertler Law Firm at (504) 527-8767 for a free consultation.Read More
….I am experiencing stiffness of the neck and constant headaches. Can I sue to recover my medical expenses if I see a doctor? Medical expenses in a car accident lawsuit generally include all of the necessary and reasonable medical expenses that the victim of the injuries has incurred. If the defendant is found to be liable for causing the plaintiff’s injuries, they will generally have to pay for the injured party’s medical expenses as part of the overall damages award. You definitely can make a claim for any injuries sustained from the accident. If you have questions about Personal Injury, call the Gertler Law Firm at (504) 527-8767 for a free consultation.Read More
She is now wearing a neck brace for a possible herniated disc and was told to keep it on for at least two weeks. In the State of Louisiana, it is generally held that while driving a motor vehicle, you must be able to stop in accordance with the vehicle in front of you. This is the basic principle of safe driving. You definitely can make a claim on behalf of your minor child for any injuries sustained from the accident and related issues such as medical bills. If you have questions about an auto accident, call the Gertler Law Firm at (504) 527-8767 for a free consultation.Read More
You should definitely talk to an experienced accident & injury lawyer as soon as possible. Trying to resolve this matter on your own with the insurance company can be very frustrating and difficult for an injured party. We find that injured persons typically get the run-around and settlement offers significantly less than an experienced law firm can secure for you. If you have questions regarding a car accident, call the Gertler Law Firm at (504) 527-8767 for a free consultation.Read More
Am I At Fault? Sorry this happened to you. In Louisiana when a rear-end collision occurs the law actually provides a presumption that the rear, or “following,” motorist was negligent. If you were injured in a rear-end collision in Louisiana, you can assume that the rear car that caused your accident, any damages and any injuries, was negligent. Louisiana Revised Statute 32:81 states that rear following vehicles shall not follow another vehicle more closely than is reasonable and prudent. If you have questions regarding Personal Injury after an automobile accident, call the Gertler Law Firm at (504) 527-8767 for a free consultation.Read More
According to La Civil Code § 3492 et seq., you have until the Statue of Limitations runs out to file a personal injury claim. It is essential that you consult with a qualified Louisiana personal injury attorney as soon as possible to preserve whatever rights you may still possess. If you have questions about a car accident where you or a family member was injured, call the Gertler Law Firm at (504) 527-8767 for a free consultation.Read More
When a person in New Orleans dies due to the fault of another, an action against the responsible party must be commenced within one year of the date of death. The wrongful death action is an action brought by family members to recover damages suffered by them as a result of the loved one’s accidental death. Which family members may pursue a claim depends on the structure of the family. Louisiana Civil Code section 2315.2 provides the following breakdown of who may pursue a wrongful death action. The existence of one beneficiary in a higher category precludes anyone in the lower categories from recovering. The surviving spouse and child or children of the deceased, or either the spouse or the child or children; The surviving father and mother of the deceased, or either of them if he left no spouse or child surviving; The surviving brothers and sisters of the deceased,…Read More
A New Orleans resident who is pursuing a personal injury or product liability lawsuit against the manufacturer of a dangerous product may claim that the product is unreasonably dangerous in its design. When pursuing a product liability claim as a result of an injury, the plaintiff must prove specific facts as outlined in Louisiana law. First, the plaintiff must establish that, at the time it was manufactured, there existed an alternative design for the product that was capable of preventing the plaintiff’s damage. The existence of a newer version that is safer, however, does not support a claim that a product is unreasonably dangerous in its design. A safer version must have existed when the product that caused the injury was manufactured. Second, the plaintiff must prove that the likelihood of the product causing the claimed injury – and the severity of that injury – outweighed the burden placed upon the manufacturer if…Read More
Visitors to New Orleans often have a misconception that the city has relaxed regulations when it comes to underage drinking. In fact, the drinking age in Louisiana is twenty-one, and it is illegal to serve alcohol to minors. Moreover, if an intoxicated minor injures someone, the party who provided the alcohol could potentially be exposed to civil liability. When an intoxicated adult causes a personal injury, Louisiana Revised Statute 9:2800.1 limits the liability of those who sold, served or furnished the alcoholic beverage to the individual. It also provides a similar immunity to a social host for injuries occurring off-premises. The statute provides that it is the consumption of intoxicating beverages, rather than the sale or serving of such beverages, that is the proximate cause of any injury. These same rules, however, do not necessarily apply to selling or serving alcohol to minors. Portions of the statute are expressly limited…Read More
