When a New Orleans personal injury auto accident occurs, the driver who is at fault is responsible for paying any damages arising from the collision. While which driver is responsible is usually a question of fact that must be decided by a judge or jury, it helps the injured party’s case if he or she was struck from behind. This is because in Louisiana, a following motorist is presumed to be negligent if he or she collides with the rear of the leading vehicle. When this situation occurs, it is assumed that the rear driver either did not leave sufficient space between the vehicles to allow for making a safe stop under normal driving conditions, or failed to pay proper attention to the events taking place ahead. Because of this presumption, instead of the injured party having to prove the rear driver was negligent, the burden is placed on the…Read More
Most personal injury automobile accidents that occur on New Orleans’ streets are not the responsibility of the government. While the laws of Louisiana require the Department of Transportation and Development to keep roads and shoulders in a reasonably safe condition, they are not responsible for guaranteeing the safety of everyone who uses a public roadway. In cases where personal injury accidents have been caused by a road that had been constructed or maintained in a way that was not reasonably safe for motorists, however, the injured party may be able to pursue damages. Louisiana Revised Statute 48 § 35 requires the Department of Transportation and Development to adopt minimum safety standards with respect to highway and bridge design, construction and maintenance. The safety standards are modeled upon those approved by the American Association of State Highway and Transportation Officials. Generally, if the department complies with these minimum safety standards, they…Read More
New Orleans residents who have been prescribed Darvocet or Darvon should be aware that the FDA pulled these painkillers off the U.S. market late last year. If you are currently using either of these medications, you should immediately consult your doctor to discuss switching to another form of pain management. The decision to remove Darvocet and Darvon from the market came in the wake of the FDA receiving new data indicating that propoxyphene – the drug contained in these medications – is capable of causing potentially fatal heart rhythm abnormalities. According to the FDA, these new studies showed that the drug caused significant changes to the electrical activity of the heart, even when used within prescribed dosages. The manufacturer of Darvon and Darvocet, Xanodyne Pharmaceuticals Inc., has voluntarily agreed to withdraw the drugs from the market. The FDA has also contacted manufacturers of the generic forms of these propoxyphene-containing painkillers…Read More
As experienced TBI lawyers, we understand that no amount of money can truly compensate a person who has suffered an extreme and long-term injury. This is especially true of a Traumatic Brain Injury (TBI) or other head injuries where the victim may face years of treatment and, in many cases, still not fully recover. If a head injury has been caused by the negligence of another party, then that party should be held responsible to pay for the treatment. Our responsibility as personal injury attorneys is to pursue all funds available to provide for both past and future medical treatment of the injury. Doing so requires evidence of the long-term nature of the treatment required. In such cases, lawyers usually must present information provided by medical experts setting forth the exact nature of the injury, the future treatment that is likely to be necessary, and the prognosis for recovery. This information can…Read More
When a client has been injured in an automobile accident, one of the first things New Orleans personal injury attorneys explore is what insurance coverage is available to compensate the injured party. Louisiana law requires all drivers to carry a minimum level of Bodily Injury Liability coverage of $15,000 per injured person and $30,000 per accident. When the driver who caused the injury is uninsured or the responsible party does not carry enough insurance to compensate for the injuries, uninsured/underinsured motorist coverage also may provide coverage. Louisiana law has a unique approach to uninsured/underinsured motorist coverage. Motorists are not absolutely required to purchase it, but they are presumed to have done so unless they specifically reject the coverage. There is a form that the individual purchasing automobile insurance must sign stating that they reject the coverage. If this form has not been signed and an injured person seeks compensation under this…Read More
When a New Orleans resident wants to file a medical malpractice claim, he/she must follow the procedure set forth in the Louisiana Medical Malpractice Act. Under this act, any claim of medical malpractice must be screened by a “medical review panel” before a civil suit can be filed in court. This medical review panel consists of an attorney and three health care providers. The attorney acts as chairman of the panel, but does not have a vote. The plaintiff and the defendant each select one of the three health care providers. The third health care provider is chosen by agreement of the two providers already selected to the panel. The role of the medical review panel is to review the evidence and determine if it supports a finding that the defendant violated the standard of care required when treating a patient. If they do find that the physician did not…Read More
The growing popularity of texting has led to an increase in personal injury accidents caused by texting drivers. In response to these accidents, Louisiana first banned texting while driving in 2008 and took steps to strengthen that ban earlier this year. While this may seem a logical step in keeping our roads safer, New Orleans drivers should be aware that a recent study calls into question the effectiveness of this ban. This year, the Highway Loss Data Institute – a non-profit organization that conducts scientific studies of insurance data – compared insurance claims for vehicles damaged in crashes before and after a full texting ban was instituted in four states, including Louisiana. Data was also collected from nearby states where the texting law had not changed for use as a comparison and to control for other factors. Surprisingly, the study found that following the texting ban for all drivers, crashes…Read More
The government of Louisiana has passed several laws that limit recovery for personal injuries suffered on land used for recreational purposes. This includes specific regulations surrounding lands owned, leased, or managed as a public park by the state or its political subdivisions. As a result, when a personal injury occurs in a New Orleans area public park, the circumstances must be carefully examined to determine if there is any right to recovery. Basically, Louisiana law provides that when landowners permit use of land for recreational purposes, they do not thereby incur liability for a personal injury caused by any defect in the land. This applies regardless of whether the defect was naturally occurring or man-made. The major exception to this regulation occurs when the landowner engages in willful or malicious failure to warn against a dangerous condition, se, structure, or activity. There are, however, two other exceptions that have specific…Read More
Under Louisiana Civil Code article 2321, dogs are treated differently than other animals when they cause a personal injury. For cases involving animals, aside from dogs, the law requires proof that the owner of the animal was negligent. In contrast, when a New Orleans resident is bitten by a dog, the owner of the dog is strictly liable for any injury caused by it. This does not, however, mean that dog owners must automatically pay damages in every dog bite case. The law also requires proof that the owner could have prevented the damage caused by the dog. The Louisiana Supreme Court has held that, to prove the owner of the dog could have prevented the dog’s actions, the plaintiff must show the dog presented an unreasonable risk of harm. What constitutes an unreasonable risk of harm must be determined on a case-by-case basis. The individual right of the dog…Read More
The monetary award granted in New Orleans personal injury lawsuits is referred to as compensatory damages. Compensatory damages are divided into two broad categories: special damages and general damages. Special damages are those damages for which – at least to some degree – an objective dollar value can be determined. This includes categories such as medical expenses and loss of earnings. Special damages have a fixed value based on actual monetary losses associated with the plaintiff’s injuries. In contrast, general damages are inherently speculative and cannot be fixed with mathematical certainty. General damages consist of categories such as pain and suffering, and mental anguish. They also may include an award for scarring or disfigurement. Because people’s opinions vary widely regarding the dollar value of such items, awards for general damages can be inconsistent from case to case, although they generally fall within a certain range. While an award that is…Read More
