We have represented many New Orleans residents who suffered serious injuries in car accidents. While seatbelts may cause injuries, the damage we have seen inflicted on our clients by seatbelts is usually minor compared to the injuries suffered by unbelted occupants. Our observations are supported by studies conducted by the National Highway Traffic Safety Administration (NHTSA). In 2001, the NHTSA analyzed the role of seatbelts in all fatal crashes that year. They found that 73% of people wearing seatbelts survived, compared to only 44% of those not wearing seatbelts. Perhaps even more telling was their finding in a separate study that three out of four people ejected from a vehicle during a crash die. Of the people ejected, 99% of them were not wearing a seatbelt. Some people don’t wear seatbelts because they have heard stories of people being choked by the belt or falling out of the vehicle and…Read More
The schools of New Orleans have the difficult task of not only educating thousands of children, but also attempting to maintain an environment that is safe for all students. While there is no absolute bar to suing a school when its employees fail in their duty to properly supervise students and provide a safe environment, any matter involving an injury at a school should be evaluated by an experienced personal injury attorney to determine its merits. Schools do have a duty to provide reasonable supervision over students through their employees. They are not, however, expected to be perfect in their supervision of students. The Louisiana courts have noted that constant supervision of all students is neither possible nor required, and that the degree of supervision required must be evaluated based on the specific circumstances of the particular case. As a result, any time a lawsuit against the school is being…Read More
When a dangerous product has injured a client, New Orleans personal injury attorneys usually will examine what warnings, if any, the manufacturer gave regarding the product’s use. In some cases, a product may be found to be dangerous because the manufacturer did not provide an adequate warning. Whether a manufacturer must provide a warning depends on the nature of the product. When a manufacturer learns, or reasonably should have learned, of a dangerous characteristic, they have a duty to provide a warning of that danger to anyone who uses or handles the product. However, there are exceptions to this requirement. No warning is necessary when the user knew or reasonably should have known of the product’s dangerous characteristic. For example, knives generally do not need warning labels because their danger should be obvious to the user. A warning also is not necessary when the extent of the product’s danger would be…Read More
Most health care facilities in the New Orleans area are comprised of competent and hardworking professionals. Unfortunately, there are occasions when the treatment provided to a patient falls below acceptable medical practice. When this happens, the patient may be able to file a medical malpractice claim. A health care provider’s treatment must meet an appropriate standard of care. Generally, all medical care providers must provide the care ordinarily possessed and exercised by members of the profession in good standing in the community. Where an alleged act raises issues peculiar to a medical specialty, the standard of care is that which is ordinarily practiced by those involved in the medical specialty. Examples of medical malpractice include: Failure to provide a patient with appropriate medical treatment; Incorrectly diagnosing or failing to recognize a medical condition; Unreasonable delay in providing care for a known medical condition. In a medical malpractice action, the plaintiff…Read More
Over the past several years, drivers in New Orleans have seen increased regulation of distracting behavior – such as cell phone use or texting – while operating a motor vehicle. While the danger of personal injury accidents caused by distracted drivers has become a great concern, there has been little federal guidance regarding how to control this dangerous behavior. The National Highway Traffic Safety Administration (NHTSA) has finally changed that with the proposal of new guidelines aimed at combating distracted driving. The proposed guidelines address issues regarding the design and function of electronic devices built into light automobiles, such as cars and minivans. While the states have largely been limited to regulations attempting to change the behavior of drivers, these proposed federal guidelines are aimed at the manufacturers, who have been increasingly incorporating potentially distracting electronic devices into their vehicles. Specific recommendations include limiting the complexity and time necessary to…Read More
Dealing with Medicare laws has become an increasingly complicated area for New Orleans personal injury attorneys. Under federal law, Medicare has a right to recover any payments it made for medical treatment. This right extends to taking a portion of the damages awarded in a personal injury lawsuit. There are very strict regulations surrounding the requirements to report information regarding the settlement of a personal injury case to Medicare. If you are receiving Medicare, they will assert a lien against the proceeds of any settlement or judgment in your case. When you receive financial compensation, Medicare is required to be reimbursed for its expenses within sixty days. In some cases, Medicare may also have a right to take an additional portion of any financial compensation as payment for anticipated future medical expenses. This is known as a Medicare set-aside. When long term treatment is required, this set-aside may be extremely…Read More
When a New Orleans resident is injured by a power tool or other manufactured product, a potential claim against the company that made the dangerous device is governed by the Louisiana Products Liability Act. This law sets forth some very specific rules regarding older manufactured products in a personal injury lawsuit. Where problems may arise when pursuing manufacturers of older items – especially items such as power tools – is in proving that the manufacturer should have anticipated the condition of the product at the time of the injury. Under Louisiana law, the characteristic of the product that makes it unreasonably dangerous either must have existed when the product left the control of the manufacturer or must have arisen from an alteration or modification of the product that the manufacturer could have reasonably anticipated. Alterations or modifications that a manufacturer can reasonably anticipate include normal wear and tear, and changes that…Read More
When a citizen of New Orleans suffers a personal injury from a product used nationwide, they may not have to proceed alone. If enough people are injured by the actions of a company, a claim may be made as a group against that company. This is referred to as a class action lawsuit. Not all class action lawsuits involve physical injury; they may also involve issues such as illegal hiring practices. Examples of well-known class action lawsuits involving physical injury or wrongful death include cases against pharmaceutical companies for drugs with dangerous side effects and the recent cases against tobacco manufacturers. These lawsuits involve individuals from different geographic regions. So, for example, you suffer a physical injury from taking a dangerous drug in New Orleans but you may end up involved in a case with injured people from around the state or even the country. Also, class actions overcome the…Read More
For the most part, the medical practitioners of New Orleans are hardworking, conscientious individuals who make a diligent effort to do their best for their patients. While this does not mean that they never make mistakes, Louisiana’s laws do attempt to protect doctors and other medical providers by placing limitations on when they may be successfully sued for medical malpractice. First, the individual claiming to have been injured must be able to prove that – as a result of the medical provider’s error or failure to act – he or she suffered an injury that would not otherwise have occurred. Even when a mistake is made, if it does not result in any actual harm to the patient, then there is no basis for the patient receiving financial compensation for an injury. Second, even if an injury did occur as a result of a medical provider’s mistake in treatment or…Read More
New Orleans personal injury lawsuits can become complicated when medical payments are being made by government-run programs or even, in some cases, private health insurers. This is because, in many cases, these parties may have a right to full – or at least partial – reimbursement for any payments made to treat injuries for a plaintiff in a personal injury lawsuit. As a result, the agency or agencies covering medical expenses will usually want to be apprised of any resolution of the personal injury lawsuit so that they can ensure that their rights are not compromised. Further complicating such matters are several issues, including what rights does the particular agency possess, its influence over resolving the lawsuit, and the fact that the circumstances under which it is entitled to full or partial compensation may vary greatly from agency to agency. Dealing with Medicare can be particularly important. This federal program…Read More
