Every wrongful death case is different, and every situation brings its own set of facts into play. In general, to prove negligence, a plaintiff must show that the other party failed to exercise a reasonable amount of care in the conduct of whatever actions are involved in the case. Some instances can be relatively straightforward to prove. A drunk driver who causes a wreck that results in the death of another driver or passenger is negligent by the fact of being drunk and driving. Not only is this illegal, but it’s almost impossible to make the case that the drunk driver exercised a level of care in their decision making that would be considered reasonable. In other wrongful death cases, it can be more difficult to show negligence. Because of the wide array of cases that The Gertler Law Firm handles for injured parties and their loved ones in New Orleans, we…Read More
Yes, there are several damage categories available when a spouse has died due to the negligence of another. In New Orleans, courts will break wrongful death damages down into “economic” and “non-economic” damages, which are intended to address both the concrete losses that a family experiences, and the less tangible elements of bereavement. Economic losses include things like medical bills and funeral expenses for your loved one, compensation for property damage, and the wages and compensation your family has lost as a result of your spouse’s death. Non-economic damages are designed to compensate your family for the loss of love, companionship, moral support, and affection. Obviously, no amount of money can make your family whole again, but when another party’s carelessness led to the death of a family member, and the financial hardships that can result, you owe it to your children and yourself to take all reasonable steps to see…Read More
Yes, when a workplace accident causes the death of a loved one, their family members may be eligible to pursue legal remedies against the employer. Parents, spouses, and children are all potentially able to make claims for wrongful death in Louisiana, and in some cases other relatives may also be able to seek damages. Employers in Louisiana do not have special rights when it comes to avoiding liability for workplace accidents. When job sites are unsafe, proper safety equipment isn’t provided to workers, or improper training leads to injuries or wrongful deaths, families have a right to try to become as whole as possible in the aftermath. There is no amount of money that can make up for a lost loved one, but employers should be held accountable when they create situations that put their workers at risk. Families shouldn’t have to suffer the financial loss of the wages and…Read More
Yes, drunk drivers can be held liable when they cause a wrongful death in New Orleans. In fact, when drunk driving is the cause of a wrongful death, there will often be two separate legal actions happening to the drunk driver. First, police will pursue criminal charges against the driver, which may include a homicide charge. Second, the family of the victim may file a wrongful death lawsuit against the drunk driver, alleging that their choice to get drunk and drive represents gross negligence, and that they are therefore responsible for compensating the family who has suffered the resulting loss. Damages may include economic losses, including medical and burial expenses, lost wages and compensation, and property damage, as well as non-economic factors like the pain and suffering your loved one experienced, and the loss of companionship your family is suffering. Proving negligence on the part of a drunk driver, especially…Read More
Difficult deliveries in New Orleans always carry a risk of injury to a newborn and its mother, and one of the more common complications of a delivery is Shoulder Dystocia, where the baby’s head is able to exit the birth canal, but one shoulder gets stuck behind the mother’s public bone. Because of the risk of compression of the umbilical cord, Shoulder Dystocia is an emergency that must be corrected quickly, otherwise there are risks of oxygen deprivation (hypoxia), which can lead to cerebral palsy and even more serious problems. But in taking steps to assist the baby through the birth canal, additional injuries can result. Damage to the nerve cluster in the shoulder, called the brachial plexus, can cause conditions like Erb’s Palsy, which can leave your child’s arm paralyzed. Expensive interventions like surgery or long term physical therapy may be required to regain some or all function, but not all children…Read More
Not all Traumatic Brain Injuries show up on imaging scans, and there’s a strong case to be made that the majority of brain injuries are much more subtle than diagnostics can account for. When a person is involved in an auto accident or a fall, their head can whip violently forward and backward. The brain, which is cushioned in a layer of liquid inside the skull, experiences the same movements, slamming into the skull with great force. The forces it is subjected to can cause damage to sensitive neural clusters both on the surface of the brain, as well as in deeper structures that can affect mood, memory, and personality. If you’ve been injured and have begun to display symptoms like memory impairment, vision problems, mood swings, vertigo and balance problems, changes in social behaviors, or trouble with reading comprehension or hand-eye coordination, you may be showing symptoms of a Traumatic Brain…Read More
Yes, after an event like a car accident, people who’ve suffered whiplash movements to their heads often display subtle signs of serious head injuries, (Traumatic Brain Injury) that can be difficult to diagnose through standard medical testing. Personality changes, mood disorders, memory impairment, and vision problems are just a few of the lasting effects that can devastate a person a second time around. Changes in personality and mood are especially troubling, because they can cause problems in nearly every aspect of person’s life. Relationships with friends and family can suffer, and a previously excellent employee can find themselves out of a job in short order. The fact that the problem may be damage to miniscule areas of the brain that manage impulse control or stress reactions won’t matter. At The Gertler Law Firm, we help clients in New Orleans recover their lives after accidents that result in invisible head injuries. Medical…Read More
You may have suffered a Traumatic Brain Injury if you’ve developed neurological symptoms like headaches and vision problems in the aftermath of a car accident in New Orleans. While some Brain Injuries present themselves right away, others are less obvious and may not become clear until the body and brain have had time to recover from the initial emergency. Many Traumatic Brain Injuries are invisible to the naked eye, and won’t show up through diagnostic procedures like MRI imaging. This can make it difficult to substantiate injury as you pursue a legal claim, but experienced attorneys know how to collect the evidence of the deficits you’re now facing and present them both as medical events and personal stories. People who’ve experienced Traumatic Brain Injuries have had their lives radically changed, and when that happens through the negligence of another, it’s important that you get all the help you can. At…Read More
When a pregnant woman’s blood glucose levels remain consistently high during the pregnancy, she has gestational diabetes. While the risks to a developing baby are not usually as severe as other conditions may cause, one serious risk is that the extra glucose available to the fetus will result in a baby so large it can’t fit through the birth canal. For women in New Orleans who intended to deliver naturally, and who intended to deliver their subsequent children without a C-section, untreated gestational diabetes can represent a significant injury to them. Women count on their physicians to diagnose and treat common medical conditions during pregnancy so every precaution can be taken to protect their babies. Because gestational diabetes is so common, testing should be a routine part of your prenatal care. If your test results showed markers for gestational diabetes and your doctor simply missed it, you may have grounds for a…Read More
Babies who are born prematurely face a high risk of complications from a variety of factors. For one, your newborn’s lungs may not yet be mature enough to deliver oxygen to their brain, creating the potential for brain damage and lifetime disability and developmental delays. Pre-term babies’ hearts are also often immature, with persistent openings between the heart’s blood vessels. The condition, patent ductus arteriosus (PDA), can lead to heart failure. For these reasons and many other potential pre-term complications, doctors are required by law to fully assess maternal health and take precautions to limit the risk of premature birth. From bed rest orders, to sutures applied early in the pregnancy to maintain the integrity of the cervix, to drugs that can be administered when there are signs of pre-term labor, doctors have an arsenal of tools at their disposal to protect both mother and baby from the risks associated with…Read More
