Beginning The Process Evidence in a premises liability claim is absolutely vital. There are several different types of evidence that are important in premises liability cases, but over the course of my career, I’ve found the following types especially solid when building a strong of a case for my clients. At the outset of a personal injury case, as I mentioned earlier, I conduct thorough interviews with my clients to gather essential information about their slip and fall incident. After this, I very quickly begin gathering pertinent evidence related to the incident. For example, if the slip occurred at a restaurant and an incident report was filed, I take immediate action to acquire this report. I also make every effort to recover any available surveillance video footage. If a picture is worth a thousand words, surveillance video footage is worth an unspeakable amount of them! These aren’t the only critical…Read More
Common Questions And Misconceptions Surrounding Filing Premises Liability Claims In Louisiana Many clients I encounter who seek assistance after experiencing a slip and fall accident are completely unaware of how difficult it is to successfully pursue a slip and fall claim in Louisiana. This is particularly true when the incident occurs in public places like retail stores and restaurants. Why is this? It’s because Louisiana has specific statutes that impose strict requirements for slip and fall cases that involve merchants. These requirements demand proof not only of an unreasonably dangerous condition but also of the merchant's knowledge of that condition, whether actual or constructive. Constructive notice is simply a term that means that the condition was there long enough that the merchant should have noticed the unreasonably dangerous condition. Proving notice can be incredibly challenging, especially when an accident is seemingly the result of something that has recently fallen or…Read More
In this article, you will discover: What types of personal injury claims you can file after a truck accident in Louisiana. What information your personal injury lawyer needs to get started on your case. How to determine if your Louisiana truck accident case falls under federal jurisdiction. Who Do I File A Personal Claim Against After Being Hit By A Semi-Truck In Louisiana And Suffering Severe Injuries? When pursuing personal injury claims arising from commercial vehicle accidents, there are several approaches to consider: Filing a Lawsuit Against the Truck Driver Filing a Lawsuit Against the Employing Company Filing a Lawsuit Against the Company's Insurance Carrier Filing Lawsuits Against Multiple Parties Each approach has its own pros and cons, and the most suitable course of action will depend on the specific circumstances of the accident. An experienced personal injury attorney can provide invaluable guidance in determining the best strategy for pursuing…Read More
In this article, you will discover: The most common causes of car wrecks in Louisiana. The types of injuries that are covered by personal injury claims in Louisiana. The best way to deal with insurance companies in personal injury cases. What Are The Most Common Causes Of Car Wrecks Across Louisiana? One of the most common causes of car accidents that we frequently encounter is inattentive driving. Whether it's drivers looking at their cell phones or simply failing to pay attention to the road, this lack of attentiveness poses a significant risk on Louisiana roads. What Are The Most Common Injuries In Car Accidents? The most common injuries sustained in car accidents often involve soft tissues, particularly in the cervical (neck) or lumbar (lower back) areas of the spine. Soft tissue injuries to areas such as the hips or knees may also occur, but cervical and lumbar strains or sprains…Read More
Yes, when an adult develops malignant mesothelioma in Louisiana, it is assumed to be caused by asbestos exposure. There have been cases where young children have developed mesothelioma of unknown origin, but it is well established that the disease course in adults is caused by small fibers of asbestos that have been inhaled or accidentally swallowed, typically as a result of workplace contamination. Over many years, these small fibers can cause irritation to a number of body areas, which can result in cancerous tumors along the linings of organs, or even infiltration of the organs themselves with cancerous cells. Malignancy is when a tumor in the body is cancerous, and has the potential to grow and spread. This can happen several ways, and often occurs via multiple pathways at once. If a mesothelioma tumor is undiagnosed and therefore not treated, it will simply continue to grow. In this case, a tumor that…Read More
Exposure to asbestos has been linked to a variety of a diseases, including a dangerous form of cancer, mesothelioma. Mesothelioma is not the only cancer that asbestos can cause, or contribute to, but mesothelioma is a particularly difficult to treat cancer, and one whose long term prognosis is particularly poor. Because mesothelioma is understood to have just one cause – exposure to asbestos – regulatory changes over the last several decades have made many worksites and industries much safer for employees today. The problem for retired workers from these sites and industries is that mesothelioma has a latency period that can last as long as many decades. It is not unusual for a person whose asbestos exposure happened in their twenties or thirties to develop the disease in their sixties or seventies. While asbestos can contribute to a number of diseases, including lung cancer and a condition known as asbestosis, where inhaled…Read More
Hiring A Lawyer To File A Mesothelioma Claim With The VA The VA serves America’s veterans, providing specialized healthcare and retirement benefits to those who’ve sacrificed so much for the country. One of these benefits is a dedicated monetary benefit for veterans who experienced asbestos exposure while in the service and have developed mesothelioma as a result. The process isn’t a simple one though. As you would expect, the VA requires detailed accounting of the places, duty roles, and time frames where asbestos exposure is likely to have occurred in order to square a claim against its own records. Further, you’ll be asked to describe jobs you held after you left the service, and the VA will use that information to evaluate whether you likely experienced asbestos exposure, or additional asbestos exposure, outside of your service. Creating a thorough and easily approved application claim for VA mesothelioma benefits isn’t a simple task,…Read More
If you have been diagnosed with ovarian cancer or mesothelioma in the last year after using Johnson and Johnson Talcum Baby Powder products, the Gertler Law Firm will help you obtain financial compensation. It is official: Johnson and Johnson's famous Talcum Powder and another one of their products, Shower to Shower, have both been connected to serious cases of ovarian cancer and mesothelioma. There is no undoing the damage and heartbreak either disease can cause to you and your family. With the help of New Orleans personal injury attorneys at the Gertler Law Firm, however, you may be eligible to recover financial compensation from Johnson and Johnson for the harm you have suffered and the medical expenses connected to your illness. Do You Qualify For Compensation From Johnson And Johnson? The three simple questions below will help you determine if you qualify for this significant compensation. If you have answered…Read More
Preparing Clients For Settlement Negotiations When I prepare my clients for the negotiation table, I always try to have a straightforward conversation about the actual value of their case pursuant to the facts and law. As legal professionals, we gauge this value by examining past court rulings and jury awards for comparable injuries. It's vital for clients to grasp this legal value because, understandably, they might assume their suffering and significant medical expenses should translate into a higher value. However, the path to a fair settlement often lies in aligning their expectations with legal realities. Along the way, it'll be important to remember that we are constrained by the legal concept known as legal quantum. This means that the case's worth is bound by precedents set in previous cases with similar injuries. As such, keep in mind that while your personal journey may have been grueling, the case's value must…Read More
Liability In A Defective Product Injury Claim In the majority of product liability cases, and injured person would typically pursue legal action against the manufacturer of the product. There are also situations where you can also pursue a legal action against the seller of the product. However, in Louisiana, doing this requires demonstrating that the seller either knew or should have known about the product defect, but failed to disclose it. Proving this standard can be quite challenging because most sellers may not be aware of the product's defect. Nevertheless, in cases where the seller is highly knowledgeable about the product, it's possible to include them as a co-defendant along with the manufacturer. Louisiana’s Comparative Fault In many cases, you can seek compensation even if you bear some responsibility for your injuries. Louisiana has a comparative fault system, where a jury or judge may determine that you share a portion…Read More
