Loss of consortium is a claim for monetary damages made by the spouse of a New Orleans resident who has suffered a serious personal injury. Under Louisiana law, there are seven categories under which a spouse may claim loss of consortium: (1) loss of love and affection, (2) loss of society and companionship, (3) impairment of sexual relations, (4) loss of performance of material services, (5) loss of financial support, (6) loss of aid and assistance, and (7) loss of fidelity. These categories are obviously very broad and cover a variety of things. For example, a man who performs most of the cooking and cleaning duties at his home seriously injures his back after slipping on a wet floor at a restaurant. He is no longer able to perform these duties and his wife must now do them. When his case is filed in New Orleans, his attorney also may…Read More
When a New Orleans resident wishes to pursue a medical malpractice claim, Louisiana law requires that the matter be screened by a Medical Review Panel before proceeding. While an adverse opinion from the Medical Review Panel does not bar an injured person from pursuing a medical malpractice lawsuit, the opinion of the panel is admissible in later court proceedings. The Medical Review Panel does not function like a court of law. There is no live testimony or cross-examination of witnesses. Instead, the parties are required to submit all evidence they wish the panel to consider in written form. If a party believes that the testimony of any of the parties or witnesses is necessary for the Medical Review Panel’s determination, depositions may be taken prior to the Medical Review Panel being convened. A transcript of this deposition testimony may then be submitted to the panel. The other evidence that the…Read More
When a personal injury case in New Orleans is brought to trial, Louisiana law and the specific rules of the court where a trial occurs control how a jury is chosen. While the details regarding jury selection may vary, here are some general rules on how this process occurs. Jury selection starts with a large pool of people for your lawyer and the defendant’s lawyer to choose from. These people will be questioned to see if they have any obvious conflict that would bar them from hearing the case. Relatives and employees of the parties would have an obvious conflict. Other areas that may indicate an obvious conflict include having prior knowledge about the case and having previously interacted with one of the parties involved, their lawyers, or witnesses. Potential jurors with an obvious conflict may be dismissed. The attorneys for each party will also question jurors regarding specific topics…Read More
Because personal injury attorneys deal with the results of so many automobile accidents, we tend to see New Orleans as a very dangerous place to drive. A recent national study on the implementation of highway safety laws, however, reveals that Louisiana has actually done well when it comes to implementing new laws aimed at reducing injury and death arising from motor vehicle accidents. The publisher of this report, Advocates for Highway and Auto Safety (A.H.A.S.), is an alliance of consumer, health and safety groups and insurance companies that seeks to improve highway and vehicle safety through the improvement of state and federal laws, programs and policies. This is the ninth year it has published its Roadmap to State Highway Safety Laws, which ranks the states based on their implementation of various traffic safety laws and their efforts to improve traffic safety. Each state is rated based on the color signals…Read More
Dogs are a popular pet in New Orleans. Unfortunately, that means that dog bite injuries are not an unusual occurrence. Should you become injured by a dog, there are a number of steps to consider taking. The most important thing you can do, especially if you are badly injured, is to seek medical care for your wound. Once this has been accomplished, try to find out if the dog has had its rabies shots. After these initial steps have been taken, you can then look to protect your rights should you need to pursue a personal injury claim. Once you are in a condition to do so, you should contact the local police department. They will prepare a report documenting the incident. Also, you should attempt to get name and address of the dog owner. If the owner is willing to share any information with you regarding his or her…Read More
It is difficult for any New Orleans resident to suffer a loss of income. When this loss of income arises from a personal injury accident, the injured party may seek compensation for lost wages as part of a lawsuit. When doing so, however, he or she must be able to establish the value of these lost wages. Lost wages fall under a category of damages referred to as “special damages”. Special damages consist of costs arising from the injury that can be established with a reasonable degree of mathematical certainty. In addition to lost wages, special damages include items such as medical bills and replacement of property. All of these items may be numerically calculated based on established prior losses and anticipated future losses. Because lost earnings can be mathematically determined, the Louisiana courts have tended to limit the discretion of the jury when setting an amount to award in…Read More
It is not that unusual for a New Orleans personal injury lawsuit to involve more than one defendant. Whether it is a motor vehicle collision caused by the negligence of multiple drivers or an injury caused by another person misusing an already dangerous product, there are several situations in which the actions of multiple parties may have substantially contributed to an injury. In most cases, there is no bar to all of the responsible parties being sued for damages. If the lawsuit ends in a trial, the jury must decide to what degree each of the parties is liable for causing the injury. This task will be accomplished by assigning each defendant a percentage of the overall responsibility. Unlike some other states, under Louisiana Law each defendant is only responsible for providing an amount of compensation to the injured person directly proportional to the percentage of fault assigned to them…Read More
New Orleans parents should be aware that the U.S. Consumer Product Safety Commission and Target have announced a recall of children’s belts that pose a threat of serious injury. The buckles in these belts contain lead levels that exceed the federal lead paint standard. Parents who have purchased this dangerous product should take immediate steps to remove it from their home. Lead has been shown to cause serious health problems, including brain damage, in children. If your child has suffered from injuries or illness due to a defective product, you should explore your options for filing a product liability lawsuit. There are two types of belts subject to recall, both of which were sold in packs of two. The Cherokee boys’ belts are reversible black and brown belts sold in sized M-XL. The numbers 202/08/0018, 202/08/0019 or 202/08/0020 are embossed on them. The girls’ Circo belts are pink and white, come…Read More
When a loved one is lost to a New Orleans’ family in an accident, the emotional difficulty of dealing with that loss often is only the beginning of their problems. This is particularly true if that person provided financial support for the family. If a family member died because of the negligence of another party, the family may be able to recover damages for lost income and support. When seeking fair compensation for the family, there are several factors that must be presented to the judge or jury making the determination. These factors include the deceased person’s current income and likely future earnings. Fringe benefits, such as health insurance, that were provided through the deceased’s employment may also be considered. Non-economic damages also may be available to a family that has lost a loved one. Non-economic damages provide financial compensation for losses such as loss of companionship or society. If your…Read More
Most people in New Orleans have heard that when someone is accused of a crime their guilt must be proved “beyond a reasonable doubt.” Being convicted of a crime has serious repercussions, so, our government has set this high standard of proof for a person to be found guilty. Because personal injury cases are limited to monetary damages and do not involve a possible loss of freedom, this same high standard does not apply. In most non-criminal (civil) cases involving personal injury, the standard of proof is not “beyond a reasonable doubt”, but instead what is termed “a preponderance of the evidence.” A preponderance of the evidence may be defined as enough evidence to establish that it is more probable than not that the defendant is responsible. To put it simply, if you are suing another person for causing your injury, you must prove to the jury that it is…Read More
