Liability in nursing home abuse cases typically falls onto the nursing home itself, though it’s also possible for individual staff people to be personally liable, both in civil and criminal court. Employees of nursing homes have obligations to the home’s residents that are codified in the law, and nursing homes have an oversight obligation when it comes to the people they employ, starting with properly vetting potential hires, properly training new hires, and monitoring performance during their employment. Nursing homes that create a culture where signs of an out of control staffer are not being reported can face significant penalties. The most important thing is to make sure that you or your loved one in a nursing home in New Orleans are safe and are receiving the level of care required. Wherever liability may fall, you should take action right away to stop abusive conditions in a nursing home, which rarely affect…Read More
If you have been injured in a motorcycle accident, you need the expert guidance of an experienced personal injury lawyer. If safety equipment like a helmet fails in a motorcycle accident, you can sustain much more serious injuries than you otherwise would. It can also complicate your effort to recover damages from an at-fault driver, because the other side can argue that the equipment manufacturer bears at least some of the liability for your injuries. In some cases, the situation is egregious enough that you may need to pursue a product liability claim against the manufacturer of the faulty equipment. In general, product liability actions aren’t considered ideal for clients, as they tend to take long periods to work through and can end up folded into class actions, which can deprive individual plaintiffs of control over their own case. That said, it’s still important to evaluate all aspects of your accident…Read More
It’s not an easy decision to have to put a family member into a nursing home. Naturally, you want to make sure that the care you arrange for your loved one is based on professionalism and dignity. Appearances can be deceiving, and a nursing home that looks above-board may not be providing the level of care they’ve promised. Or, members of staff working there may not be as professional as they seem. These deceits can lead to your loved one’s wrongful death. Should you and your family find yourself in this painful situation, there are two things you can do right away: educate yourself, and hire the right people to help you. Since 1975, Gertler Accident and Injury Lawyers have fought for the people of New Orleans and other areas of Louisiana on wrongful death cases. A “wrongful death” is defined simply as a death that could have been prevented…Read More
When dealing with the aftermath of Uber or Lyft accidents, you may be thinking of filing a lawsuit and getting your due compensation. Maybe you suffered an injury, or you incurred expensive damage to your vehicle. Because rideshare drivers are contract workers and not employees of their companies, it limits the liability of the company in the case of an accident. Our New Orleans Uber and Lyft accident attorneys can help you understand your claim and take the case to court if necessary. Call our experienced accident lawyers today for a free consultation. Filing A Lawsuit Against Uber Or Lyft After An Accident There are cases where you may be dealing with the rideshare’s insurance company, but your claim will take time to process. This is because settling an accident claim represents a loss for the company, so Uber or Lyft will try to avoid compensation as much as possible. The Gertler Law Firm excels…Read More
There’s no way to know how long a nursing home suit might take to reach a settlement, or whether it will likely end up in court, without first reviewing all the facts. In many instances, insurance companies are quick to try to settle a claim, and the matter may be resolved in a timeframe of weeks to months. In others, the issues may be less clear cut, or the nursing home itself or its insurers may believe there is an advantage to delaying things, which can mean a significantly longer period before you can be compensated for losses and damages. An experienced New Orleans nursing home abuse lawyer can help you evaluate the specific circumstances in your case and give you a much more clear sense of how long it may be before you receive just compensation for abuse, neglect, or exploitation in a nursing home setting. At The Gertler Law Firm,…Read More
You’ve made the difficult decision of putting your loved one into the care of a nursing home. You did the research, you visited the facilities, met the staff, and left with the impression that this would be the right place to trust. It’s only right to expect peace of mind. Sadly, in New Orleans, there are many cases of elder abuse that begin after the doors close behind you. According to the WHO, 1 in 6 people over the age of 60 experienced abuse in the last year in community settings, which includes nursing homes. Rates only increased during the pandemic. Financial abuse, one of the major types of elder abuse, resulted in an estimated $36.5 billion in 2021 according to the National Council on Aging. With a majority of cases going unreported, it’s hard to know the true extent of the problem. If you have witnessed or believe there is abuse at your loved one’s…Read More
When you are having a fun night out at a casino, the only thing that should be on your mind is entertainment. Unfortunately, casino slip and fall accidents happen, and they can lead to serious injuries. In some cases, you may be legally eligible for compensation. At the Gertler Law Firm, our experienced New Orleans slip and fall accident attorneys can evaluate your incident and determine if you have a case. We have handled numerous cases against casinos and will fight for your settlement. Call us to receive a free consultation with one of our slip and fall attorneys if you were injured or hurt at any of the following casinos in New Orleans or Baton Rouge: Harrah’s Caesars Boomtown Fair Grounds Race Course & Slots Treasure Chest Cypress Bayou Casino Belle of Baton Rouge Hollywood Casino L’Auberge Casino Causes, Injuries, And Damages For Slip And Fall Accidents In New Orleans Area…Read More
Every injury claim and nursing home abuse suit is different, with its own set of facts, damages, and types of unlawful conduct from perpetrators. Your attorney will help you weigh the various factors involved, including the form of abuse that’s been inflicted at the nursing facility, the specific injuries involved, the duration of the abuse, and any current medical costs. Your lawyer can also help you figure into your case any future medical costs related to the abuse, awards for pain and suffering, punitive damages in some cases, and any other relevant elements. While the most obvious and most egregious forms of abuse are physical in nature, nursing home residents in New Orleans are also specifically protected from abusive conduct like financial exploitation, coercive taking of property, and more. There’s no one answer to what a nursing home abuse lawsuit is worth, but you’re far more likely to receive just compensation for…Read More
A stay at a hotel should be an enjoyable experience, letting you enjoy a home away from home. Sadly, slip and fall accidents and other types of accidents can happen anywhere – and hotels are no exception. Such falls can lead to painful, long-lasting injuries for which you may be entitled to compensation. If you are the victim of a slip-and-fall accident at a local hotel because of a hotels negligence, call the Gertler Law Firm. Our team of skilled New Orleans slip and fall accident attorneys can examine your case to determine compensation and even represent you in court if you were hurt in any hotel or motel in the area, including: AC Hotel by Marriott Aloft Astor Crowne Plaza Best Western Blake Hotel – Best Western Premier Comfort Suites Country Inn & Suites Courtyard by Marriott Courtyard New Orleans French Quarter Courtyard New Orleans Warehouse Arts District Doubletree by Hilton Embassy…Read More
What To Do When Nursing Home Administrators In New Orleans Ignore You When patients in a nursing home, or their loved ones, complain to a nursing home administrator about problems at the facility, they are obligated to report the complaint to state regulators, who will then investigate the allegations. At least, that’s how the process is supposed to work. If you suspect that your nursing home complaints are falling on deaf ears and that the proper channels for resolution of problems aren’t being utilized, then you may need to take matters into your own hands. Protecting our seniors living in residential care is a vital public interest. When a nursing home displays signs of unsanitary conditions, inadequate staffing, poorly trained staff, or worse, actual evidence of neglect or abuse happening on the premises, it’s up to us to fight back for our loved ones. When your complaints about conditions in a…Read More
