No, when a damage award or settlement is paid out in a mesothelioma case in New Orleans, the person who receives the award has sole discretion over how the money is spent. For those being treated for a dangerous cancer, access to additional funds can open doors for traveling to distant cancer centers for Mesothelioma treatment or inclusion in clinical trials, but that’s at the patient’s discretion. For many people, an award or settlement will provide a legacy you can leave to your heirs, or the opportunity to provide financial security for your spouse after you’re gone. The company that caused your injuries does not get to tell you how you can spend the money they pay to compensate you for your injuries. When you work with an experienced mesothelioma lawyer, you can be confident in having a strong advocate who can answer all your questions and make sure you are fully…Read More
Yes, the family members of those who worked in asbestos-contaminated job sites were unfortunately also exposed to asbestos fibers brought home on the skin, hair, and clothing of their loved one. Many mesothelioma cases arise from secondhand asbestos exposure. We’ve represented adults with mesothelioma who experienced asbestos exposure when they were small children and a parent worked for a company that neglected its employees’ health by hiding the facts about asbestos and never taking steps to protect them and their loved ones. These companies are liable when spouses and children become sick with asbestos-related diseases, even if it was the family breadwinner who was directly exposed to this carcinogenic mineral. Many New Orleans companies had job sites where asbestos contamination was high, and many New Orleans residents grew up in other places where a parent or spouse was exposed. At The Gertler Law Firm, we represent families who are suffering because of the…Read More
Because of Louisiana’s statute of limitations on mesothelioma lawsuits, it’s important that you don’t wait too long to contact an experienced mesothelioma lawyer in New Orleans after diagnosis. In general, you have one year to initiate legal action in a mesothelioma case, and your lawyer will need some time to investigate the matter and establish that the case can go forward. It’s best to reach out as soon as possible after diagnosis to begin the process of determining facts, like the dates and places from your work history, where likely exposure occurred, what strategies are best to obtain the appropriate award or awards, and which jurisdictions are most likely to yield the best result for your case. The Gertler Law Firm has decades of experience representing families injured by businesses who failed to disclose to employees the high risk of working with asbestos, and refused to take steps to protect them…Read More
There are a variety of occupations that tend to put people at certain jobs at greater risk for asbestos exposure, and later developing mesothelioma. Because the disease has a very long latency period, mesothelioma usually develops in older people who worked decades earlier in jobs like construction, shipbuilding, oil refining, manufacturing, or automotive service. Veterans also have a relatively high incidence of mesothelioma, particularly among those who worked aboard ships, in motor pools, construction and demolition, and in combat roles around the world. Until the 1970s and 1980s, work sites and materials used in making thousands of products were heavily contaminated with asbestos, and exposure was common and chronic. A generation of older Americans is bearing the cost of this, but you have rights to compensation for injuries sustained in a workplace years or decades ago. At The Gertler Law Firm, we were the first Louisiana lawyers to win a judgement…Read More
Yes, unfortunately there is such a thing as secondary exposure to asbestos. In many cases, spouses and children of workers at job sites with asbestos have developed mesothelioma as a result of this exposure. Asbestos fibers, which were widely used in industry through the 1980s, are extremely small and fine and often end up appearing as a coating of dust on a person’s skin, hair, and clothes. Second hand exposure happened when a worker came home with this layer of asbestos fibers attached to them and inadvertently deposited those fibers throughout their home. On laundry day, as dirty clothes were handled, more asbestos fibers would end up airborne in the house. Secondary exposure to asbestos has caused enormous suffering for families nationwide, but the root cause is almost always occupational asbestos exposure at a job site that an employer allowed to become contaminated. If you or a loved one has been diagnosed with mesothelioma,…Read More
No, juries don’t automatically side against motorcycle riders who’ve been hurt in an accident in New Orleans, but that doesn’t mean that you don’t need to present the strongest possible arguments if your case goes to trial. Here’s some good news for you: most accident and injury cases don’t end up in a courtroom. They are typically settled out of court in a relatively short time frame. The best way to achieve an optimal outcome is to develop a strong case that presents the facts of the incident clearly. Witness statements, police reports, photographs of the scene, and other evidence must be compiled and put together in a way that tells the real story of what happened that caused you to become injured in the first place. When this is done right, insurance companies usually choose to settle motorcycle injury cases and you’ll never have to go to court. At The Gertler…Read More
Nursing home abuse and neglect cases are usually separate from medical malpractice cases, though there are instances where both claims are made as part of a lawsuit. The standards of proof in a medical malpractice case are higher than in injury suits, so in most cases, lawsuits against nursing homes cite neglect or abuse rather than arguing medical malpractice. There are exceptions, but from the client’s perspective, there are strong advantages to pursuing a case that is more likely to win, generally of shorter duration, and results in fair compensation for the injuries and losses sustained. Nursing home neglect and abuse cases can result in awards for medical expenses, the costs of living with any disabilities or other long term effects of the abuse or neglect, pain and suffering that you experienced, and sometimes punitive awards meant to penalize the nursing home. If you or your loved one are facing…Read More
Stress fractures are a specific type of bone break that many older people are especially susceptible to as bones weaken with age. In the adult population, stress fractures are especially common among runners, who can develop cracking in the bones of the legs or the feet from overuse. When a person is older, even ordinary activity levels can lead to these painful fractures in bones. Nursing home staff should be trained to monitor for indications that a resident may be suffering with new pains or suddenly limited mobility. Beyond being painful, stress fractures will usually present with swelling in the affected area. If your loved one’s nursing home missed these tell-tale signs of a stress fracture, you should take action right away. Our senior loved ones should never have to suffer pain and immobility while under a nursing home’s care, or any other caregiver who is supposed to help them live…Read More
Generally, yes, if you are injured by a dog bite while working on a property and use workers compensation insurance to pay for treatment, that carrier can seek reimbursement when you win a damage claim against the dog owner. This is true of private health insurance carriers as well, and even entities like Medicare. While it may seem counterintuitive that you’d have to repay your health costs after a dog bite, it isn’t a reason to avoid seeking compensation for your injuries caused by a dog bite. When you work with an experienced dog bite attorney in New Orleans, you stand the best chance of collecting full compensation for your injuries, including any medical treatments you may need in the future. When people attempt to negotiate these cases on their own, they typically walk away with only a fraction of the full award possible, and are often stuck receiving bills from insurers that…Read More
Louisiana law requires the use of helmets for motorcycle riders in the state, but what happens when a rider isn’t wearing a helmet and is injured by another in an accident? It’s a great question, and the answer is more complicated than you may expect. First, if you’re hurt in a motorcycle accident without a helmet on, it doesn’t mean you can’t collect damages for your injuries. It will mean that head injuries you sustain likely will not be compensated. But loss of property, other injuries, pain and suffering, lost wages, and the other damages that tend to occur in motorcycle accidents are generally still recoverable through the legal process. A New Orleans motorcycle accident attorney can evaluate your accident and estimate your potential claim based on the specific circumstances. Many people have a tendency to believe that if there’s any element of an injury case that they think of as their own…Read More
