As experienced New Orleans wrongful death attorneys, we know that the loss of a family member can result in far more problems than just the emotional difficulty of dealing with that loss. If the deceased person provided financial support for the family, the surviving family members may find themselves in a particularly difficult situation during what is already a terrible time in their lives. Fortunately, when a family member accidentally dies as the result of the negligence of another party, the family may be able to recover damages for lost income and support. When determining what would amount to fair compensation in a wrongful death lawsuit, 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…Read More
Most New Orleans residents are familiar with the legal term “beyond a reasonable doubt” and know that when someone is accused of a crime, this is the level of proof required to prove them guilty. Our courts have set this very high standard of proof because being convicted of a crime can have severe repercussions. While some personal injury lawsuits may involve serious injuries and large amounts of monetary compensation, the defendant is not in danger of losing his freedom or life if he is found liable for having caused the injury. As a result, the high standard of “beyond a reasonable doubt” used in criminal cases does not apply in civil cases. In most non-criminal (civil) cases involving personal injury, the legal standard of proof the injured person must establish before being compensated is termed “a preponderance of the evidence.” A preponderance of the evidence can be defined as…Read More
If you are injured and unable to work, supporting yourself can become an overwhelming problem. While many New Orleans residents have been faced with difficulty supporting themselves and their families under difficult economic circumstances, being placed in this position because of another’s negligence is especially unfair. Fortunately, under such circumstances the injured party often has the right to pursue compensation for lost wages. While a short-term inability to work can be difficult enough for an injured person, some cases involve injuries that lead to long-term or permanent inability to work. When this occurs, an experienced personal injury attorney will pursue not only past lost wages, but also future lost wages based on a projection of what the injured person’s 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 be a very significant monetary aspect…Read More
Determining who was responsible for causing an injury in a New Orleans personal injury lawsuit is not always a clear cut matter. While someone else may have created a dangerous condition that resulted in injury, there are situations where the injured party may have put themselves in a position to be injured. Fortunately for those injured, this does not mean they are completely barred from recovering compensation for the injuries suffered. Louisiana law allows for the recovery of damages in a personal injury lawsuit 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 example, if an injured person is awarded $100,000 in damages, but is also found to be 50 percent at…Read More
Not all brain injuries are caused by striking the head during an accident. Many New Orleans personal injury accidents result in brain injuries even though there is no physical impact to the victim’s head during the accident. These brain injuries occur because the head of the victim is rapidly jerked during a violent collision. Because an actual impact with the head is not necessary for brain injury to occur, anyone who has been involved in a collision should be on the lookout for the symptoms of a Traumatic Brain Injury (TBI). Unfortunately, spotting TBI is not always as easy as it sounds. While some possible symptoms – such as vertigo, seizures, muscle spasms, and lack of strength or coordination in the extremities – may be readily apparent, other potential symptoms take many different forms and can be very subtle. These more difficult to detect symptoms can include memory loss, headaches,…Read More
Determining the value of injuries in a New Orleans personal injury lawsuit can be very difficult for the parties involved. This is especially true in the case of serious and permanent injuries, where no amount of financial compensation can return the injured person’s life to normal. When determining the value of a personal injury, 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, are very subjective and can be extremely difficult to place a dollar amount on. Matters can become even more complicated if an injury is long term or permanent. In such cases, you must consider potential future medical costs and future lost wages and attach a dollar value to them. While it may be possible to accurately project some of the future expenses, proving them is obviously…Read More
Motor vehicle accidents involving drunk drivers are all too common in the New Orleans area. Because of the obvious danger that drinking and driving poses to innocent drivers, Louisiana has enacted special laws that take effect when a personal injury lawsuit involves a drunk driver. These provisions are designed to protect individuals hurt by drunk drivers and impose additional penalties upon such drivers. When a person is injured by a driver intoxicated or impaired by alcohol or drugs, the injured party may pursue additional damages – called punitive damages – against the drunk driver. Punitive damages are additional compensation awarded to the injured party above the amount granted to cover the costs of medical treatment, lost wages and pain and suffering. The sole purpose of punitive damages is to punish the drunk driver for such dangerous conduct, and to act as a deterrent to similar conduct in the future. Lawsuits…Read More
The first good place to look is to ask a friend if they’ve ever retained an attorney and would recommend a certain one for your situation. The important thing is to find a personal injury attorney that has handled multiple car accident lawsuits before and has a good reputation in the community. Most law firms offer a free face-to-face consultation to discuss your case and give you the opportunity to ask any questions you might have. This presents a good situation to evaluate the attorney and make sure you feel comfortable having them handle your matter. It is most important to not be afraid to take the time and find the right personal injury attorney for you. If you have been involved in an auto accident in the New Orleans area, call us at (504) 527-8767.Read More
Most of the jobs for which people normally hire a lawyer – real estate transactions, preparing wills, etc. – require the person to pay the lawyer out of pocket. When hiring a New Orleans personal injury attorney, however, the lawyer is not paid in the same manner as when hiring a lawyer for other purposes. Personal injury attorneys almost never receive any money up front from the injured party before beginning work on the case. Instead, payment is usually deferred until the case is resolved. If the case is successfully resolved, the personal injury attorney receives a previously agreed upon percentage of the damages awarded to the injured person. This is great news if you are unable to work because of your injuries or otherwise feel that you simply cannot afford a lawyer. In a personal injury case, you will not be required to come up with any money up…Read More
An attorney will most likely set up a contingency fee agreement with you for a lawsuit involving a car accident. Thus, if money is recovered as the result of the settlement or a win at trial, the attorney will only take a certain percentage of the money for his fee. In most jurisdictions in Louisiana, the percentage is usually 33 1/3{d37eae5b8410ed8fb22098597e6ecfa689963c7e8a6548fdf24949bed3e82123} but can increase depending on the difficulty of the case or if the case does go to trial and becomes a very involved matter. It is important to meet with an attorney and, during the first consultation, discuss all of your questions with him or her including matters of their fee. If you need an injury attorney, contact the Gertler Firm at (504) 527-8767.Read More
