While not every minor mistake made by a New Orleans dentist in the course of treatment constitutes dental malpractice, individuals injured by the negligent conduct of – or substandard care provided by – a dentist, dental assistant or oral surgeon may be entitled to compensation. Generally, what is required to prove dental malpractice is governed by the same rules surrounding other types of medical malpractice. These include a requirement that the dental practitioner provide a patient with an acceptable level of care. Dentists are not required to be perfect, but they are required to provide at least the same level of care that a practical and prudent dentist would provide. If a dentist fails to provide this level of care and it leads to the patient suffering a significant injury, the dentist may be required to pay for the damages. The variety of specific actions that may be classified as…Read More
As experienced New Orleans personal injury attorneys, we have seen the damage caused when tractor-trailers and other commercial vehicles are involved in motor vehicle collisions. Because of the strong potential for catastrophic personal injury or death in these types of accidents, the drivers of these types of large vehicles have been subject to additional regulation for years. Recently, the Federal Motor Carrier Safety Administration (FMCSA) released new regulations further limiting the number of hours commercial truck drivers may work based on growing concerns of driver fatigue. Given the distances many commercial truck drivers are expected to cover and the pressure to make timely deliveries, truck drivers’ work hours have been strictly regulated. Based on recent studies regarding the effects of driver fatigue and how long an individual may drive before fatigue sets in, the FMCSA determined that reduced weekly work hours and mandated additional rest time was necessary for safety.…Read More
For most New Orleans personal injury lawsuits, the damages associated with past medical expenses and lost wages are easily calculated and presented to a jury. Determining past economic losses is simply a matter of obtaining all of the relevant numbers and adding them up. But what about individuals who still require medical treatment or have not been able to fully return to work at the time of trial? In most cases, these individuals are entitled to pursue compensation for their future economic losses. This value, however, is much more difficult to accurately determine. If you suffer an injury that results in long term or permanent disability, your future economic losses can be extremely high. As a result, the value of the loss in such cases usually will be hotly contested by the parties. While past economic losses are simply a matter of math, setting a value for future economic losses…Read More
The citizens of New Orleans know how difficult it can be to try to support yourself and your family under difficult economic circumstances. If you are injured and unable to work, supporting yourself can be overwhelming. Fortunately, if that injury was the result of another’s negligence, the injured party often has the right to pursue compensation for lost wages. Also, in cases where a person suffers injuries that lead to a long term or permanent inability to work, the injured person may sue for future lost wages based on a projection of what his or her earnings would have been if the injury had not occurred. Given the financial difficulty a permanently disabled individual may face in the future, this can prove a very significant aspect of a lawsuit brought under these circumstances. If you are in this situation, however, you should bear in mind that in some cases limitations…Read More
New Orleans personal injury lawsuits involving the negligent actions of an employee frequently result in the employer bearing legal responsibility for the damages. For individuals who have suffered severe injury, the ability to pursue damages against the employer – who will usually have greater financial resources – can be extremely important. Not all plaintiffs, however, are automatically entitled to proceed against the employer. Generally, a party has no legal duty to protect someone against the negligence of a third party unless there is either a special relationship with the injured person or some independent responsibility for the third party. Under Louisiana law, an employer is responsible for the negligent actions of an employee if the negligent act occurred in the course and scope of employment. In legal terms, this is referred to as “vicarious liability.” Even when a person appears to be performing actions related to employment, however, the relationship…Read More
When a personal injury occurs in New Orleans, who caused the accident is not always clear. Often, while someone else may have created a dangerous condition, the injured party also may have put themselves in a position to be injured. Fortunately for the injured person, this does not mean they are completely barred from recovering compensation for their injuries. Under Louisiana law, damages may be recovered even when the conduct of the injured person contributed to his or her injury. The injured person, however, would not recover full damages. Instead the amount awarded is reduced in proportion to the amount of any responsibility that the judge or jury attributes to that individual. For an example, an injured person is awarded $100,000 in damages, but is also found by the jury to be 25 percent at fault for an accident. As a result, the total award is reduced by 25 percent,…Read More
Personal injury attorneys in New Orleans are well aware that not all brain injuries are caused by being struck on the head during an accident. A violent collision that causes the head of the victim to be rapidly jerked also may cause a brain injury. Because of this possibility, anyone who has been involved in this type of accident should be on the lookout for the symptoms of a Traumatic Brain Injury (TBI). Unfortunately, spotting TBI is not as easy as it sounds because the symptoms may take on many different forms. Typical symptoms include episodes of memory loss, headaches, dizziness, difficulty with concentration, changes in speech (such as slowing or slurring of words), changes in behavior, and unexplained changes of mood. Other possible side effects of such an injury may be more readily apparent, such as vertigo, seizures, muscle spasms, lack of coordination or strength in the extremities and unexplained pain. Also,…Read More
Most of the people who use football helmets in the New Orleans area do not play for the New Orleans Saints. Instead, they are elementary, high school and college students. While football is a violent sport, every effort should be made to keep these young people safe. Unfortunately, a recent study by the Cleveland Clinic indicates that modern style football helmets may not be the ideal way to protect youth from brain injury or other head injuries. The study tested both modern football helmets and the old, leather helmets – used decades ago – to judge their ability to protect the head from low and medium level impacts at a variety of angles. These are the type of hits that commonly occur among young players. The extremely hard hits that may occur at the professional level of play were not tested. Surprisingly, the study found very little difference between the…Read More
Many New Orleans residents have employment connected to shipping and other ocean-based activities. When a seaman suffers a personal injury while working aboard a vessel, that seaman’s ability to recover damages is governed under the Jones Act – a federal law enacted to regulate such cases. Not everyone whose employment is connected to the sea, however, is entitled to recovery under the Jones Act. To determine whether an individual qualifies as a seaman for purposes of the Jones Act, the U.S. Supreme Court has set forth a two-part test. The first part of this test requires a determination as to “whether the employee’s duties contributed to the function of the vessel or accomplishment of its mission.” Answering this first question is usually a fairly straightforward matter. If the employee worked on the vessel in some necessary capacity, he or she would pass this first branch of the test. If not,…Read More
When a New Orleans resident suffers a life-changing personal injury, it may seem impossible to place a dollar value on it. In the case of serious injuries, no amount of financial compensation can return that person’s life to normal. Nonetheless, in personal injury cases, both insurance providers and lawyers must attempt to determine a fair value for the injury suffered. Some damages, such as the costs associated with prior medical treatment and loss of income, are easy to calculate. Others, such as the value of pain and suffering, can be extremely difficult to place a dollar amount on. In addition, factors such as potential future medical costs, if extensive treatment is still required, may also influence the determination of the total amount awarded in a personal injury case. Properly determining these latter, more subjective damages requires a personal injury attorney with the experience to understand all the factors in a…Read More
