Yes, in the tragic situation where a person loses their life in a motorcycle accident in New Orleans, their spouse has standing to file a wrongful death suit to recover damages due to a motorcycle accident from an at-fault party, and more importantly, to hold that party accountable. Some cases are clear cut, such as when the at-fault driver was drunk when the accident occurred. Others may require further investigation and evidence gathering to build a compelling case that another party was engaged in reckless or negligent behavior that caused the fatal crash. Anytime a person dies in a traffic accident, a family is left devastated and wondering how to put the pieces back together. An experienced motorcycle accident attorney is a key player in these circumstances, who can provide objective, clear cut assistance and help you protect your family. Under Louisiana law, families are entitled to recover damages categorized as “economic”…Read More
There’s no set cost when it comes to fighting dog bite and other injury cases in New Orleans, but the way the system works in most instances is that the victim pays nothing at all if your attorney doesn’t win. This is what is known as a “contingency fee basis,” where your legal team assumes the financial risk in your case, and is only paid if they win for you. Approaching dog bite and other injury cases this way means several things for you, primarily that if an attorney agrees to take the case, they believe strongly that they can win. It also means that your attorney will make every effort to ensure that the final payout you receive is as high as possible. Research indicates that in most dog bite cases that are settled without an attorney, insurance companies pay out as little as 10% of the real value of…Read More
In a mesothelioma lawsuit, deciding the best strategy to move forward involves many factors, including where the case should be filed. Determining whether or not Louisiana is the appropriate place for your claim is something you should talk about with an experienced mesothelioma lawyer. In many cases, where you live now isn’t material to the case, but in some instances there are advantages to filing in other jurisdictions where you lived and worked and suffered asbestos exposure. If you’ve been diagnosed with mesothelioma in New Orleans, start your search with The Gertler Law Firm. We were the first law firm to obtain a judgment linking asbestos exposure to mesothelioma in Louisiana. And our team of attorneys has the ability to help you in many venues across the United States to make sure that you are able to hold past employers accountable and get the compensation you deserve. To talk to an experienced mesothelioma…Read More
It’s always a good idea to take every precaution to protect the public after a dog bite in New Orleans. Calling the police also lets you file a police report, so there’s an official record of the incident and the police officer will represent one eye witness to the injuries your child sustained from the dog bite. You should also get appropriate medical treatment for your child right away, and then photograph the injuries as soon as possible. These are all important pieces of evidence should you choose to pursue a claim against the dog’s owner when your child has been bitten by a dog. In order to recoup medical expenses and plan for a future that may require additional therapies, surgeries, or treatments, it may be necessary to consult an experienced New Orleans dog bite attorney. There are more than four million instances of dog bites every year in America, and…Read More
Liability in nursing home abuse cases typically falls onto the nursing home itself, though it’s also possible for individual staff people to be personally liable, both in civil and criminal court. Employees of nursing homes have obligations to the home’s residents that are codified in the law, and nursing homes have an oversight obligation when it comes to the people they employ, starting with properly vetting potential hires, properly training new hires, and monitoring performance during their employment. Nursing homes that create a culture where signs of an out of control staffer are not being reported can face significant penalties. The most important thing is to make sure that you or your loved one in a nursing home in New Orleans are safe and are receiving the level of care required. Wherever liability may fall, you should take action right away to stop abusive conditions in a nursing home, which rarely affect…Read More
If you have been injured in a motorcycle accident, you need the expert guidance of an experienced personal injury lawyer. If safety equipment like a helmet fails in a motorcycle accident, you can sustain much more serious injuries than you otherwise would. It can also complicate your effort to recover damages from an at-fault driver, because the other side can argue that the equipment manufacturer bears at least some of the liability for your injuries. In some cases, the situation is egregious enough that you may need to pursue a product liability claim against the manufacturer of the faulty equipment. In general, product liability actions aren’t considered ideal for clients, as they tend to take long periods to work through and can end up folded into class actions, which can deprive individual plaintiffs of control over their own case. That said, it’s still important to evaluate all aspects of your accident…Read More
It’s not an easy decision to have to put a family member into a nursing home. Naturally, you want to make sure that the care you arrange for your loved one is based on professionalism and dignity. Appearances can be deceiving, and a nursing home that looks above-board may not be providing the level of care they’ve promised. Or, members of staff working there may not be as professional as they seem. These deceits can lead to your loved one’s wrongful death. Should you and your family find yourself in this painful situation, there are two things you can do right away: educate yourself, and hire the right people to help you. Since 1975, Gertler Accident and Injury Lawyers have fought for the people of New Orleans and other areas of Louisiana on wrongful death cases. A “wrongful death” is defined simply as a death that could have been prevented…Read More
When dealing with the aftermath of Uber or Lyft accidents, you may be thinking of filing a lawsuit and getting your due compensation. Maybe you suffered an injury, or you incurred expensive damage to your vehicle. Because rideshare drivers are contract workers and not employees of their companies, it limits the liability of the company in the case of an accident. Our New Orleans Uber and Lyft accident attorneys can help you understand your claim and take the case to court if necessary. Call our experienced accident lawyers today for a free consultation. Filing A Lawsuit Against Uber Or Lyft After An Accident There are cases where you may be dealing with the rideshare’s insurance company, but your claim will take time to process. This is because settling an accident claim represents a loss for the company, so Uber or Lyft will try to avoid compensation as much as possible. The Gertler Law Firm excels…Read More
There’s no way to know how long a nursing home suit might take to reach a settlement, or whether it will likely end up in court, without first reviewing all the facts. In many instances, insurance companies are quick to try to settle a claim, and the matter may be resolved in a timeframe of weeks to months. In others, the issues may be less clear cut, or the nursing home itself or its insurers may believe there is an advantage to delaying things, which can mean a significantly longer period before you can be compensated for losses and damages. An experienced New Orleans nursing home abuse lawyer can help you evaluate the specific circumstances in your case and give you a much more clear sense of how long it may be before you receive just compensation for abuse, neglect, or exploitation in a nursing home setting. At The Gertler Law Firm,…Read More
You’ve made the difficult decision of putting your loved one into the care of a nursing home. You did the research, you visited the facilities, met the staff, and left with the impression that this would be the right place to trust. It’s only right to expect peace of mind. Sadly, in New Orleans, there are many cases of elder abuse that begin after the doors close behind you. According to the WHO, 1 in 6 people over the age of 60 experienced abuse in the last year in community settings, which includes nursing homes. Rates only increased during the pandemic. Financial abuse, one of the major types of elder abuse, resulted in an estimated $36.5 billion in 2021 according to the National Council on Aging. With a majority of cases going unreported, it’s hard to know the true extent of the problem. If you have witnessed or believe there is abuse at your loved one’s…Read More
