It is difficult for any New Orleans resident to suffer a loss of income. When this loss of income arises from a personal injury accident, the injured party may seek compensation for lost wages as part of a lawsuit. When doing so, however, he or she must be able to establish the value of these lost wages. Lost wages fall under a category of damages referred to as “special damages”. Special damages consist of costs arising from the injury that can be established with a reasonable degree of mathematical certainty. In addition to lost wages, special damages include items such as medical bills and replacement of property. All of these items may be numerically calculated based on established prior losses and anticipated future losses. Because lost earnings can be mathematically determined, the Louisiana courts have tended to limit the discretion of the jury when setting an amount to award in…Read More
It is not that unusual for a New Orleans personal injury lawsuit to involve more than one defendant. Whether it is a motor vehicle collision caused by the negligence of multiple drivers or an injury caused by another person misusing an already dangerous product, there are several situations in which the actions of multiple parties may have substantially contributed to an injury. In most cases, there is no bar to all of the responsible parties being sued for damages. If the lawsuit ends in a trial, the jury must decide to what degree each of the parties is liable for causing the injury. This task will be accomplished by assigning each defendant a percentage of the overall responsibility. Unlike some other states, under Louisiana Law each defendant is only responsible for providing an amount of compensation to the injured person directly proportional to the percentage of fault assigned to them…Read More
New Orleans parents should be aware that the U.S. Consumer Product Safety Commission and Target have announced a recall of children’s belts that pose a threat of serious injury. The buckles in these belts contain lead levels that exceed the federal lead paint standard. Parents who have purchased this dangerous product should take immediate steps to remove it from their home. Lead has been shown to cause serious health problems, including brain damage, in children. If your child has suffered from injuries or illness due to a defective product, you should explore your options for filing a product liability lawsuit. There are two types of belts subject to recall, both of which were sold in packs of two. The Cherokee boys’ belts are reversible black and brown belts sold in sized M-XL. The numbers 202/08/0018, 202/08/0019 or 202/08/0020 are embossed on them. The girls’ Circo belts are pink and white, come…Read More
When a loved one is lost to a New Orleans’ family in an accident, the emotional difficulty of dealing with that loss often is only the beginning of their problems. This is particularly true if that person provided financial support for the family. If a family member died because of the negligence of another party, the family may be able to recover damages for lost income and support. When seeking fair compensation for the family, there are several factors that must be presented to the judge or jury making the determination. These factors include the deceased person’s current income and likely future earnings. Fringe benefits, such as health insurance, that were provided through the deceased’s employment may also be considered. Non-economic damages also may be available to a family that has lost a loved one. Non-economic damages provide financial compensation for losses such as loss of companionship or society. If your…Read More
Most people in New Orleans have heard that when someone is accused of a crime their guilt must be proved “beyond a reasonable doubt.” Being convicted of a crime has serious repercussions, so, our government has set this high standard of proof for a person to be found guilty. Because personal injury cases are limited to monetary damages and do not involve a possible loss of freedom, this same high standard does not apply. In most non-criminal (civil) cases involving personal injury, the standard of proof is not “beyond a reasonable doubt”, but instead what is termed “a preponderance of the evidence.” A preponderance of the evidence may be defined as enough evidence to establish that it is more probable than not that the defendant is responsible. To put it simply, if you are suing another person for causing your injury, you must prove to the jury that it is…Read More
While not every minor mistake made by a New Orleans dentist in the course of treatment constitutes dental malpractice, individuals injured by the negligent conduct of – or substandard care provided by – a dentist, dental assistant or oral surgeon may be entitled to compensation. Generally, what is required to prove dental malpractice is governed by the same rules surrounding other types of medical malpractice. These include a requirement that the dental practitioner provide a patient with an acceptable level of care. Dentists are not required to be perfect, but they are required to provide at least the same level of care that a practical and prudent dentist would provide. If a dentist fails to provide this level of care and it leads to the patient suffering a significant injury, the dentist may be required to pay for the damages. The variety of specific actions that may be classified as…Read More
As experienced New Orleans personal injury attorneys, we have seen the damage caused when tractor-trailers and other commercial vehicles are involved in motor vehicle collisions. Because of the strong potential for catastrophic personal injury or death in these types of accidents, the drivers of these types of large vehicles have been subject to additional regulation for years. Recently, the Federal Motor Carrier Safety Administration (FMCSA) released new regulations further limiting the number of hours commercial truck drivers may work based on growing concerns of driver fatigue. Given the distances many commercial truck drivers are expected to cover and the pressure to make timely deliveries, truck drivers’ work hours have been strictly regulated. Based on recent studies regarding the effects of driver fatigue and how long an individual may drive before fatigue sets in, the FMCSA determined that reduced weekly work hours and mandated additional rest time was necessary for safety.…Read More
For most New Orleans personal injury lawsuits, the damages associated with past medical expenses and lost wages are easily calculated and presented to a jury. Determining past economic losses is simply a matter of obtaining all of the relevant numbers and adding them up. But what about individuals who still require medical treatment or have not been able to fully return to work at the time of trial? In most cases, these individuals are entitled to pursue compensation for their future economic losses. This value, however, is much more difficult to accurately determine. If you suffer an injury that results in long term or permanent disability, your future economic losses can be extremely high. As a result, the value of the loss in such cases usually will be hotly contested by the parties. While past economic losses are simply a matter of math, setting a value for future economic losses…Read More
The citizens of New Orleans know how difficult it can be to try to support yourself and your family under difficult economic circumstances. If you are injured and unable to work, supporting yourself can be overwhelming. Fortunately, if that injury was the result of another’s negligence, the injured party often has the right to pursue compensation for lost wages. Also, in cases where a person suffers injuries that lead to a long term or permanent inability to work, the injured person may sue for future lost wages based on a projection of what his or her earnings would have been if the injury had not occurred. Given the financial difficulty a permanently disabled individual may face in the future, this can prove a very significant aspect of a lawsuit brought under these circumstances. If you are in this situation, however, you should bear in mind that in some cases limitations…Read More
New Orleans personal injury lawsuits involving the negligent actions of an employee frequently result in the employer bearing legal responsibility for the damages. For individuals who have suffered severe injury, the ability to pursue damages against the employer – who will usually have greater financial resources – can be extremely important. Not all plaintiffs, however, are automatically entitled to proceed against the employer. Generally, a party has no legal duty to protect someone against the negligence of a third party unless there is either a special relationship with the injured person or some independent responsibility for the third party. Under Louisiana law, an employer is responsible for the negligent actions of an employee if the negligent act occurred in the course and scope of employment. In legal terms, this is referred to as “vicarious liability.” Even when a person appears to be performing actions related to employment, however, the relationship…Read More
