Drivers and motorcycle riders are both required to carry insurance to cover costs associated with a possible accident. Many people skirt this law without realizing that there are consequences in the event that an accident does happen. If you’re an uninsured motorcyclist and the victim of another driver’s negligence, you’ll find that you may be subject to Louisiana’s no pay – no play rule. Basically, an uninsured motorist or motorcyclist is not allowed to collect the first $10,000 of personal injury or property damage when there’s an accident. No pay – no play is meant to be yet another incentive to carry liability insurance, but in practice, it can result in unfair outcomes. There are exceptions to this exclusion. For instance, if the driver who hit you was drunk, the no pay – no play rule will not be applied. For motorists, no pay – no play doesn’t apply to passengers…Read More
There are a series of steps you should take after suffering a dog bite in New Orleans. It’s very important that you try to identify the dog and the dog’s owner to determine whether the dog is properly vaccinated against rabies. If you’ve been bitten by a stray dog, your medical treatment is likely to more extensive than if the dog is known to be vaccinated. In addition to seeking medical treatment for the dog bite, you should try to get contact information from witnesses to the incident. Document all types of injuries, including puncture wounds, cuts, and bruising. If you can identify the owner of the dog, get their contact information and insurance information. Photographs of the scene where the incident occurred are also helpful. As soon as possible, write down a thorough narrative of the events so that you have a contemporaneous account available. If you wish to file a…Read More
When you win a damage award or settlement following a motorcycle accident in New Orleans, your health insurance company can demand repayment of some or all of their expenses from your motorcycle accident. This is just another reason why an experienced attorney is vital in dealing with the myriad issues that serious injury cases can present to those who’ve been hurt. Not only will your attorney ensure that any settlement or award is maximized, but a good lawyer will ensure that any effort by health insurers to collect for reimbursement of costs is fully scrutinized and that you pay no more than is absolutely necessary. When a person has been injured in a motorcycle accident in New Orleans, their job is to get better, not fight with health insurance companies or the at-fault party’s insurer. Also, it’s important to seek the advice of an experienced attorney prior to accepting a settlement from…Read More
Yes, when a dog attacks your dog in New Orleans, you can pursue a claim against the dog’s owner to be reimbursed for the costs of veterinary care. Depending on the specific facts of your case, you may also be eligible for punitive damages and compensation for time away from work and other losses related to the incident. New Orleans is definitely a dog-friendly city, but that means that some pets and some pet owners will put others and their dogs at risk. Whether the incident happened on the street, in a dog park, or in a home, if the attacking dog’s owner isn’t willing to work with you to compensate you for your losses, an experienced New Orleans dog bite attorney may be your best recourse to collect. Louisiana law treats dog bite cases with a strict liability formula, meaning that with very few exceptions, the owner of a dog who…Read More
Despite significant reforms in healthcare at the national and state level, the fact is that the cost of a policy remains too high for many. When you’ve been hurt by another’s negligence or recklessness but lack health insurance to pay for necessary treatments after a motorcycle accident, you should work with attorneys who specialize in motorcycle accident and injury recovery to connect with the care you need while your case progresses. There are many doctors in New Orleans who are willing to work with injured people, with payment due at the conclusion of a claim against a driver’s insurance company or other party. The most important concern for an injured motorcyclist is getting better, not trying to work through arcane legal details with insurers or fighting with hospitals or healthcare providers over treatment and billing. The Gertler Law Firm has been helping injured people in New Orleans get the care they need and…Read More
Lawsuits can be unpredictable, so there’s no one answer to how long a type of case might take. In the majority of cases that are filed, the at-fault party’s insurance company settles out of court, and relief can often be had in a matter of weeks or months. Sometimes the at-fault party or their insurer will fight the case, which can stretch the timeline considerably. When it comes to any legal action you may be considering after a dog bite, it’s best to meet with an experienced injury attorney to talk through the facts of your case and determine the best way forward. At The Gertler Law Firm, we have three decades of experience helping people who’ve been bitten by dogs in New Orleans recover damages and regain their lives. Our attorneys are experts in the issues around dog bites, and can help you understand your current and future status and what may…Read More
Elder abuse is an unfortunate reality for older Americans, and in New Orleans, some of the most common offenders of elder abuse behaviors are nursing homes. This represents a huge problem for a population that is too often ignored and unable to protect itself from predatory or even physically abusive conduct at the hands of staff in a nursing home, or even policies that are unofficially sanctioned by the home itself. In Louisiana, nursing homes are tightly regulated, and nursing home residents have a host of rights specifically protected by the state’s nursing home Residents’ Bill of Rights. Sadly, these protections are not always respected, which means that family members or residents themselves must stand up to protect themselves and others in nursing home care to enjoy their golden years, free from elder abuse and neglect. An experienced nursing home abuse attorney in New Orleans can help you build a…Read More
Generally, no, if you accept a settlement from an insurance company in relation to a motorcycle accident in New Orleans, your right to pursue action later is gone. This is why it’s so important that you work with an experienced accident and injury attorney to evaluate the facts of your case and ensure that any agreement you sign on to with an insurance company truly reflects the real costs you have and will incur from the accident. Many medical issues that stem directly from a motorcycle accident are not clear in the short term. Chronic pain conditions can be masked by the immediate injuries you’re facing, and their effects and scope may not be known for some time. People injured in motorcycle accidents are often dealing with long-term recovery, including pain management regimens, which can hide neurological symptoms. When you settle your motorcycle accident case with an insurance company, you’ll be…Read More
Yes, even if a dog bite injury occurred when a friend and their dog was visiting your home, you can usually build a case for damages. New Orleans and Louisiana apply a strict liability framework in dog bite cases, which means that without evidence of something like provocation of the animal, the owner of the dog is assumed to be liable in dog bite injury cases. The majority of dog bite cases nationwide involve children as the victims of a bite. This can lead to long-term medical issues, including cosmetic surgeries to correct disfigurement that health insurance companies may or may not cover, plus enormous strain on the financial and time resources of the entire family. The costs aren’t just in the bills that are due, but also in time lost from work by the parents, and attention taken away from other children and one another. Serious dog bite situations involving a…Read More
Many people are under the impression that bringing a lawyer into the mix after a friend’s, neighbor’s, or stranger’s dog has bitten a child is overkill, but the truth is that fewer than 17% of dog bite cases in America are compensated. The vast majority of dog bite cases involve children, and oftentimes there are injuries requiring treatment. After a dog bite you are entitled under the law to recoup money, lost wages, and other losses you may have experienced. Homeowner’s insurance policies typically cover damages related to dog bites by the insured’s pet, but you can’t count on an insurance adjuster working to get you the best settlement available – quite the opposite, in fact. The insurance adjuster works for the insurance company, and is not looking out for you. That’s the job for your attorney, who will represent you vigorously in negotiations with the insurance company, and almost always end up…Read More
