Determining fault in an injury case is important, but in cases where both parties share fault, you can still pursue a legal claim for damages in New Orleans. Louisiana uses a concept called comparative fault, where both parties may have responsibility for a motorcycle accident that results in injuries or property damage, and any resulting award will be adjusted by that factor. For instance, if your losses are compensated with a $10,000 award, but the jury finds that you are 10{d37eae5b8410ed8fb22098597e6ecfa689963c7e8a6548fdf24949bed3e82123} at fault for the accident, then the award will be reduced by 10{d37eae5b8410ed8fb22098597e6ecfa689963c7e8a6548fdf24949bed3e82123} and you will receive $9,000. In many cases, tickets are handed out to all parties after accidents because the police can’t be sure of what happened and want to cover all their bases. At The Gertler Law Firm, we investigate the specifics of your motorcycle accident to build a case that gives you as much leverage as…Read More
New Orleans Lawsuit Compensation Attorney For Elder Abuse And Neglect In A Nursing Home Facility No, the nursing home is prohibited by law from retaliating against residents or their families when they report nursing home abuse or neglect in New Orleans. Under Louisiana’s Abuse and Neglect of Adults Act, it is a misdemeanor for any person, from staff to administrators, to take action against a person who reports abuse or neglect to law enforcement. Violations can result in a six month jail sentence and a $500 fine for those who are found guilty. You have an obligation to protect your loved one and all residents at a nursing home where improper or inadequate care is provided, or where there are indications of physical or sexual abuse. At The Gertler Law Firm, we can help you take the right steps to ensure that your loved one is properly cared for and their rights…Read More
Liability in a case where an intruder is mauled by a guard dog can only be determined on a case by case basis. Under Louisiana’s dog bite law, if the victim provokes a dog and is subsequently injured, the owner of the dog may not be held liable for damages. It’s possible that a court would view trespassing as a provocation of a trained guard dog, leaving the victim without legal recourse to pursue a damage award. But there may be other angles that would have to be considered. Whether the owner had signs or other warnings about the presence of the dog could matter, as could the specific facts of your case. There are factors that can prove the dog owner is liable for injuries caused by the dog. It’s worth discussing the issues with an experienced New Orleans dog bite attorney to see what legal options are open to you. At The…Read More
It’s worthwhile to speak to an experienced accident attorney before you sign anything from an insurance company after a motorcycle accident in New Orleans. While the offer may seem fair, you need to make sure you’ve done a full accounting of your losses, including medical bills and possible future medical bills, lost wages, and replacing damaged property. Without that data, you may sign away important rights and lose out on resources that you’ll require to move forward later. At The Gertler Law Firm, we work with clients who’ve been hurt in motorcycle accidents in New Orleans to make sure they get the greatest settlement or award possible in their cases. When you’ve suffered serious injuries in a motorcycle accident, it’s vital that you get experienced legal help in determining your needs. Call us today at (504) 527-8767 for a free consultation with an experienced New Orleans motorcycle accident attorney today.Read More
The signs of nursing home abuse or neglect aren’t always obvious. A loved one who displays confusion or changed mental state should raise flags for possible inappropriate use of medication or dehydration. When a loved one in nursing home care in New Orleans suffers a fall, you should investigate the matter carefully. Any indication of force must be dealt with, but it’s important to learn how and where staff were when the incident occurred and as many specifics as possible. In a nursing home facility where residents routinely suffer injuries from apparently innocuous events, residents may be experiencing an inadequate level of care, or neglect, rather than outright abuse. There are state agencies that should be notified when you worry about abuse or neglect in nursing homes in New Orleans. The Gertler Law Firm is extremely experienced in helping to ensure that your loved one is getting the level of care you expect and…Read More
Is there any correlation between smoking and mesothelioma? Mesothelioma is caused “solely” by exposure to asbestos. It is a rare form of cancer which develops from cells of the mesothelium, the protective lining that covers many of the internal organs of the body. Most people who develop mesothelioma have worked in jobs where they inhaled or ingested asbestos fibers, or were exposed to airborne asbestos dust and fibers in other ways. It has also been suggested that washing clothes of a family member who worked with asbestos increases their risk for developing mesothelioma. Unlike lung cancer, there seems to be no association between mesothelioma and tobacco smoking, but smoking greatly increases the risk of other asbestos-induced cancers. If you have questions about mesothelioma, call the Gertler Law Firm at (504) 527-8767 for a free consultation or see our Q & A guide on Mesothelioma.Read More
Because of the long latency period between asbestos exposure and the development of mesothelioma, it’s common to find that employment or tax records have been lost by the time a diagnosis is made in Louisiana. For the purposes of your mesothelioma legal claim, it is necessary to show documentation of your workplace exposure to asbestos, which is why you and your family can trust our team to piece together a record of your employment over the years. We have the knowledge and resources to explore various archives, including tax records, Veterans Administration data, company employment rolls, and even by talking to old coworkers who can provide statements vouching for your time at the company or in a given military role or posting. When you’re fighting mesothelioma in Louisiana, your focus has to be on your health and your treatment plan. Because mesothelioma tends to attack older people who may already have health…Read More
When you and your doctor suspect a mesothelioma diagnosis, it will be your physician’s job to refer you to a mesothelioma specialist in your area. Most often, this means diagnostics and treatment at a cancer center near you, which can still mean substantial travel costs for many people in our state. Many people in Louisiana may have access to mesothelioma specialists beyond their local cancer center. Depending on your insurance plan and your financial situation, you may be able to receive care from other mesothelioma specialists at different treatment centers. Medicare, Medicaid, and supplemental health insurance policies all have different requirements and coverage allowances. Our team can help you understand your options and develop strategies to expand them. Veterans may also have additional access to mesothelioma specialists throughout the VA system, especially when their asbestos exposure is service-related. At The Gertler Law Firm, we can help you file a claim with…Read More
Tragically, the family members of workers who worked with asbestos may also be at a heightened risk of mesothelioma. It has been recognized for decades that workers could bring home significant amounts of asbestos on their bodies, hair and clothing. Because asbestos fibers are so tiny, they can easily become lodged on a worker’s body and work clothes. Without realizing it, many workers came home every day covered in toxic asbestos dust. These workers’ spouses and children were often exposed to significant amounts of asbestos from this contaminated clothing. If you have questions about Mesothelioma, call the Gertler Law Firm at (504) 527-8767 for a free consultation.Read More
In modern medicine, a simple blood test can be used to diagnose a variety of ailments and give doctors definitive evidence of particular conditions. While blood tests are used by doctors to help diagnose mesothelioma, mesothelioma blood tests typically only provide additional evidence as part of a broader diagnostic panel. Biopsies and imaging technologies continue to be the mainstay diagnostic tools in detecting mesothelioma in Louisiana. That doesn’t mean that blood tests don’t have value for patients at higher risk of developing mesothelioma, such as people who worked at asbestos-contaminated worksites. A variety of mesothelioma blood tests exist, with varying degrees of accuracy and availability. But the most trusted by healthcare professionals today is the MESOMARK assay. The MESOMARK assay is sensitive to a particular protein that the body releases in the presence of mesothelioma cells. The MESOMARK blood test can provide enormous advantages to patients in certain circumstances. Unfortunately, not…Read More
