As survivors of someone who was injured by asbestos exposure, you have the right to pursue compensation based on your father’s employment history or record of military service. Mesothelioma has just one cause – asbestos exposure – and tracking down the source of that exposure nearly always leads us to a contaminated worksite or a military specialty where asbestos use was common. Many companies with a history of extensive asbestos use have created trust funds for employees who later develop asbestos-linked diseases like mesothelioma. The Veterans Administration offers additional benefits to service members and their families when asbestos exposure is linked to their time in the service. As a final option, litigation against a past employer is possible to recover damages for negligence and wrongful death when workplace asbestos exposure leads to the development of mesothelioma later in life. In other words, your family has a number of options worth exploring to protect your mother…Read More
Wrongful death lawsuits in Louisiana can generally only be brought by the person or persons that the law considers their designated beneficiary. If the victim was married, then the spouse and/or children will be the designated beneficiaries. Children may also file a separate suit in cases where a parent has died. If the victim was unmarried, then parents have the right to bring an action to recover damages for wrongful death. If the victim has no surviving spouse or parents, then siblings may bring an action against the responsible party. There are complexities to most areas of law, and wrongful death suits are no exception. Who is eligible to file, and under what circumstances, can be confusing, especially in large, close-knit families, where the desire to punish a negligent party can run deep. When your family has lost a loved one to another person’s negligence, your best course of action…Read More
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
