One of the most commonly overlooked aspects of dog bites or attacks doesn’t have anything to do with the injuries or aftereffects, but with the most common victims of these attacks. The sad reality is that the majority of dog bite victims are children. In fact, an estimate from the CDC puts the total number of dog bite accidents at 4.5 million per year, with 50% of those involving children 14 or younger. If your child is involved in an incident, call our New Orleans dog bite injury attorneys right away so we can guide you through the process of filing a claim. Damages That Can Be Recovered By Our Dog Bite Injury Attorneys Children who are injured in a dog attack tend to have more severe injuries than adults. Beyond the immediate effects of the attack, there’s also the potential for the child to suffer emotional trauma, and in some cases, it can…Read More
Yes. In cases where the negligent party involved in the auto accident doesn’t have insurance coverage, the only way for the injured party to recover is through uninsured/underinsured coverage or to sue the negligent driver personally. Suing the negligent party personally often is unsuccessful. With uninsured/underinsured coverage, your insurance company will stand in place of the negligent party and pay for your damages resulting from the accident. If you have questions about a car accident, call the Gertler Law Firm at (504) 527-8767 for a free consultation.Read More
One of the big problems in abusive nursing home situations is that residents may fear for their safety or may fear being evicted from the home if they report a nursing home staff member or alert authorities to the problems. While in New Orleans, nursing homes are prohibited by law from retaliating against residents who report abuse, that can be cold comfort to a frightened loved one in a stressful situation where they may feel powerless. A nursing home resident should never live in fear of the staff or the facility itself, and the State of Louisiana has regulatory organizations that take claims of nursing home abuse and neglect very seriously, and advance investigations promptly. Typically, the resident or a loved one is expected to notify the administration of the nursing home, who will then notify regulators, but some cases may need to be approached differently. If a staff person or the policies of…Read More
If you or a loved one suffer a dog bite or similar injury, legal recourse will probably not be high on your list of priorities. Far more important than that will be making sure that you and your family are okay, that the injuries are looked at by a professional, and you are getting counseling if needed. When it’s time to deal with the legal implications of the accident, our New Orleans dog bite injury attorneys can help you find out who is responsible and if you qualify for compensation. Call our experienced team at Gertler Accident and Injury Attorneys for more information on how to proceed. Types Of Recoveries And Common Dog Bite Injuries Unfortunately, bills will start to show up, and you need to know if the animal owner can be held responsible for the injuries and how much you can be compensated. The legislation will vary by location, so…Read More
While New Orleans product liability lawsuits involving older products can be a little more difficult, there is really no reason not to pursue a claim that a product is defective just because it is old. It is easier, however, to prove that there is a defect in the design of a product when its dangerous characteristic can be shown to have existed at the time it left the control of the manufacturer. When an injured person claims there is a defect in the design of an older product, personal injury attorneys will explore not only the condition of that product when it left the manufacturer, but also any alterations or modifications that may have occurred in the intervening time. Louisiana Revised Statute 9:2800.54(C) allows a claim for a defect in design to be pursued not only based on the condition of the product when made, but also based on any “reasonably anticipated alteration…Read More
It’s really not a secret on how you prove store liability in a New Orleans slip and fall lawsuit. All merchants in New Orleans, such as Walmart, Rouses Market, Winn-Dixie, Fresh Market, Whole Foods and Costco, are required by law to keep the aisles and floors of their businesses in a reasonably safe condition. This includes taking the proper precautions to ensure that slipping or tripping while on the property is unlikely to happen. When a business is sued following a fall, the injured person must prove that the merchant did not comply with this requirement. To establish a business’s liability, Section 9:2800.6 of the Louisiana Revised Statutes requires the injured party to prove the following: (1) The condition that led to the fall presented an unreasonable risk of harm to the injured person; (2) The harm was reasonably foreseeable by the merchant; (3) Prior to the injured party’s harm, the merchant either created or had actual or constructive…Read More
Nursing homes are not allowed to keep you from seeing and visiting with your loved one in residential care. In fact, if you suspect that a nursing home is creating unreasonable obstacles to your visits, it may be a sign of abuse, neglect, or exploitation of your loved one. While the nursing home has the right to create reasonable hours for visitation by family members or guests, after that, only residents themselves have the right to restrict who their visitors are. If you have concerns for the welfare of a loved one in a nursing home in New Orleans, it’s important that you act right away to address your worries. Our seniors are a vulnerable population and extremely prone to various types of abuse and misuse by unscrupulous people charged with taking care of them. You have a right to visit with your loved one and confirm that they are healthy,…Read More
When Nursing Homes Mishandle Or Steal Money Or Valuables When you see indications that a nursing home in New Orleans has been impeding your loved one’s freedom to make personal financial decisions, you really should act immediately. Under Louisiana’s Nursing Home Residents’ Bill of Rights, those under the care of a nursing home facility retain the right to manage their own financial affairs, and a nursing home may only be authorized to make decisions for funds held in trust by the home for the resident. That said, nursing homes and their staff have significant power to exert influence and even coerce residents into decisions that may not be in the resident’s best interest. If a nursing home is taking advantage of your parent’s money, you should talk to a lawyer right away to protect your loved one from an unscrupulous nursing home or its staff members. Protecting our elderly loved ones from…Read More
Driving a motorcycle can be loads of fun, but it can also be extremely dangerous. Anytime you get on the road, you have to be attentive because you never know what can happen. Having auto insurance is sure to help ease any on-road anxiety since you know you’re covered, but knowing what to do after an accident can be another problem. How do you know whom to call, how long you have to file a report, or if your insurance can help you sue if hit by an uninsured driver? These are only a few of the specific questions that can arise when looking to become a motorist, shopping for new auto insurance, or just preparing to be a more educated driver. Learning what to do in the event of an accident can help you determine how to best document what happened so that you get fairly compensated or not taken…Read More
In most cases, a driver making a left turn is considered to have caused a resulting accident. When a motorcycle collides with a car in that situation, the rider is usually able to pursue damage claims for a variety of losses. These can include damages to the motorcycle, hospital and medical bills, lost wages, pain and suffering, and anticipated future medical costs related to the accident. There are exceptions though, which can have a significant impact on your ability to collect. If the police believe that you were operating your motorcycle at a high rate of speed going into the accident, or if there’s evidence that you ran a red light or a stop sign, you really need an attorney to carefully evaluate your case. However, there are circumstances where you can file a lawsuit after your motorcycle accident even if both drivers were ticketed. Many cases that involve an injured party…Read More
