You may be able to file a lawsuit against the bar for inadequate security or other related negligence. However, more information regarding the circumstances of the assault would be needed to make a determination as to what claims are viable. If you have questions about injuries sustained through no fault of your own, call the Gertler Law Firm at (504) 527-8767 for a free consultation.Read More
You certainly can. In New Orleans, the at-fault driver and its insurance company may be liable for any damages that you may have sustained as a result of the incident. That may include medical bills, lost wages from missing work, and a number of other damages are possible as well. If you have questions about being struck by a car, call the Gertler Law Firm at (504) 527-8767 for a free consultation.Read More
Yes, you can. You can file a lawsuit against the at-fault driver who caused the accident in which the party’s real estate or property, as well as wages, may be seized if the insurance coverage they have does not cover all your costs. If you have questions about an auto accident in the New Orleans areas, call the Gertler Law Firm at (504) 527-8767 for a free consultation.Read More
Yes, a claim can still be made for an auto accident. This may be harder to prove since it is your word against theirs. The insurance company does a have the right to investigate all matters of the claim prior to issuing any payment. You should also notify your insurance company of the incident. If you have questions about a car accident, call the Gertler Law Firm at (504) 527-8767 for a free consultation.Read More
When the other driver of a vehicle who caused your accident is unknown, likely from a hit and run accident, and you have uninsured/underinsured coverage on your policy, your insurance company should pay for damages, minus your deductible. If you have questions about an auto accident, call The Gertler Law Firm at (504) 527-8767 for a free consultation.Read More
Yes, even as a passenger, you can file a lawsuit for injuries from the accident. The insurance company covering the at-fault driver is responsible for any damages you may have as a result of the automobile accident in question. If you have questions about a car accident, call the Gertler Law Firm at (504) 527-8767 for a free consultation.Read More
In many cases, you can. You will need to provide medical evidence from a medical doctor stating because of your injuries you cannot work. However, there may be instances where injuries may cause permanent physical and functional limitations. For instance, now you can’t do the same job according to the doctor that you could do before the accident. The question then becomes is there any work that you can do, and what is the difference in wages? Louisiana law provides you a claim for your loss. The court just doesn’t look at what you earned in the past, but also looks at your earning capacity, that is your ability to earn wages in the future. Make sure you know your rights when you are presenting a loss wage claim after an auto accident. If you have questions about an auto accident, call the Gertler Law Firm at (504) 527-8767 for a…Read More
Let’s say your daughter was seriously injured in an automobile accident caused by improper roadway design and construction. Do you have any legal recourse against the State of Louisiana, the Department of Transportation or even area cities such as New Orleans, for defects in the roadway construction and design? It’s a stretch but it is possible. In order to impose liability on DOTD for Louisiana’s defective highways and roadways, the accident victim must prove that DOTD had actual or constructive notice of the defective condition. DOTD is not the guarantor of the safety of all the motoring public under every circumstance. At any rate, DOTD is only liable for conditions that could reasonably be expected to cause injury to a prudent person using ordinary care under the circumstances. If you have questions about serious injuries sustained in a vehicle crash, call the Gertler Law Firm at (504) 527-8767 for a free…Read More
That depends on which insurance company is requesting this information, yours or the other driver’s insurance adjuster. There is no law that requires you to give a recorded and/or written statement to the other driver’s insurance carrier. Giving a written and/or recorded statement to the other driver’s insurance carrier without advice from legal counsel typically does not benefit your side of the case. In fact, this could possibly even harm your lawsuit from the accident. However, you are contractually required to cooperate with your own insurance company’s investigation of the car accident and processing of your claim, and that obligation most-likely will include giving a statement in whatever format your insurance carrier prefers. If you have been in a serious auto accident and have questions, call the Gertler Law Firm at (504) 527-8767 for a free consultation.Read More
Louisiana Revised Statue 32:58 provides that any person operating a motor vehicle on the public roads of this state shall drive in a careful and prudent manner, so as not to endanger the life, limb, or property of any person. Failure to drive in such a manner shall constitute careless operation. In your case, the individual was not paying attention while operating a motor vehicle because he was texting, which is prohibited in the State of Louisiana. Also, Louisiana Revised Statue RS 32:300.5 states that use of certain wireless telecommunications devices for text messaging and social networking are prohibited under A. (1) Except as provided in Subsection B of this Section, no person shall operate any motor vehicle upon any public road or highway of this state while using a wireless telecommunications device to write, send, or read a text-based communication. For purposes of this Section, a person shall not be…Read More
