In most New Orleans personal injury lawsuits, the person or business responsible for causing the injury will have some form of insurance that provides coverage. Generally, if there is even a possibility that damages as a result of the accident would be covered by insurance, that insurance company is responsible for providing a defense on behalf of the person they insure. This usually includes all decisions regarding the hiring of attorneys to defend the case in court. While the defense attorneys are technically chosen and hired by the insurance company, this does not mean that they represent only the insurance company’s interests. Under Louisiana law, the insurance company is required to carefully consider not only its own self-interest in a personal injury lawsuit, but also the interest of the party it insures. This requirement extends to the attorneys the insurance company has hired to defend it. This means that while…Read More
When a New Orleans resident needs a hip or knee replacement, they should have some assurance that the medical device being implanted will not result in further injury, such as what we are seeing with the recent Exactech Knee Recall. These devices are supposed to be rigorously tested for safety and proper functioning before being used. Unfortunately, over the last several years thousands of personal injury lawsuits have been filed for defective and unsafe medical implants that failed to perform as required. As a result, the U.S. Food and Drug Administration is proposing changes to the manner in which implants and other medical devices are monitored following their release into the marketplace. However, there have been cases in which a victim of a faulty medical device has filed a defective product lawsuit. In a recently released report entitled “Strengthening our National System for Medical Device Postmarket Surveillance,” the FDA proposes several changes to the…Read More
New Orleans motor vehicle injury accidents involving newer model cars and other passenger vehicles may have valuable information stored on a data recorder – often referred to as a “black box” – installed by the manufacturer. These recorders have been in use on some vehicles since the 1990s and were in place on approximately 92{d37eae5b8410ed8fb22098597e6ecfa689963c7e8a6548fdf24949bed3e82123} of 2010 passenger size vehicles. They typically only hold a few seconds of data at a time and may contain information regarding issues such as vehicle speed, braking and the use of seatbelts in the seconds before a crash. The federal government has never mandated that this technology be included in all vehicles. The National Highway Traffic Safety Administration (NHTSA), however, has decided to enact rules to standardize the type and quality of data recorded when a black box is installed. These new regulations took effect on September 1, 2012. Previously, there was no federal…Read More
Many residents of New Orleans easily make do with an older car. After all, if the car is running well, there may be little point in spending the money to replace it. Unfortunately, a study has revealed that driving an older model car actually increases the likelihood of suffering a personal injury in a motor vehicle accident. Recently, the National Highway Traffic Safety Administration issued the results of its study regarding whether vehicle safety improvements in newer vehicles have helped prevent personal injury and fatal accidents. The study, entitled “An Analysis of Recent Improvements to Vehicle Safety,” involved a detailed statistical analysis of motor vehicle accidents to determine the relationship, if any, between safety improvements and the historically low motor vehicle accident injury and fatality rates documented the last few years. While it is not surprising that new features have made vehicles safer, in some cases the degree of improvement…Read More
As experienced personal injury attorneys practicing in New Orleans, we try to keep up to date on issues related to motor vehicle safety. Collisions involving trucks pose obvious and extreme danger to those in passenger vehicles, and – in our opinion – additional steps should be taken to protect motorists from these very large vehicles. Over a year ago, we discussed a study conducted by the Insurance Institute for Highway Safety (IIHS) on the effectiveness of truck underride guards. Recently, the federal government confirmed that it has been studying the issue and is considering new regulations. Underride guards are the metal bars that can be seen hanging down along the rear of tractor trailers. Their purpose is to stop smaller motor vehicles from sliding underneath the trailer in a collision. Without the guard, the front of many passenger vehicles can slide right under the trailer, causing the brunt of the…Read More
It is not unusual for a New Orleans personal injury lawsuit to involve more than one defendant. Any time the negligence of multiple parties leads to an injury, an experienced personal injury attorney will pursue compensation from all of those responsible. An inability to locate a potential defendant does not bar you from pursuing damages from the defendants who are available. It may, however, impact the amount of compensation you ultimately receive. Under Louisiana law, when a judge or jury is determining who is at fault in a personal injury or wrongful death case, each person whose negligence is found to have been a contributing factor is assigned a percentage of fault. This percentage of fault is assigned regardless of whether the negligent person is a party to the action. Ability to pay, immunity by statute, and even whether the identity of the person can be determined also are not…Read More
What Are My Legal Rights? I’ve Used All my Sick Time and Now my Employer Wants me to Return to Work Before Being Released by My Doctor. What are my Legal Rights? First and foremost, find out what is your diagnosis and prognosis. You will need a medical opinion on the course of your disease, injury and/or illness. Second, you do not have to return to work, depending upon the medical opinion. This particular issue is typically not related to injury lawsuits but to Workers Compensation. We recommend that you find a lawyer that handles Workers’ Compensation. If you would like a recommendation on a first-rate workers comp attorney in New Orleans, call the Gertler Law Firm at (504) 527-8767.Read More
If you have a question related to a serious accident or mesothelioma and potential legal action, including lawsuits, we likely have the answer to that question right here. Down to the right on this page, you will see a search box. Just type your question in the box and click search. Every question and answer related to that subject will be available for your review. You can also find the specific category you might be interested in down to the right as well. Just click on the category that interests you. And if by chance we don’t have the answer to your question here, call us at (504) 527-8767 and ask. We will be able to help you personally!Read More
At the time, she was not injured. But, now she’s having neck, back and pain hip. Is it too late for her to file a lawsuit? Sorry that your girlfriend was injured in a car accident. According to La. Civ. Code art. 3492, Statutes of limitations are laws that set time limits on how long you have to file a “civil” lawsuit, like a personal injury lawsuit. These time limits usually depend on the legal claim involved in a case. As a general rule: The time period begins to run on the date your claim arises or “accrues,” like the day of the car accident. Once the statute of limitations has expired or “run,” you can’t file a lawsuit. We highly recommend that your girlfriend contact an attorney as soon as possible. For a free consultation, contact the Gertler Law Firm at (504) 527-8767.Read More
As New Orleans personal injury attorneys, we have a great deal of experience suing drunk drivers and are well aware of the devastation that these drivers cause to innocent people. In an effort to control drunk driving, laws have become increasingly strict over the last two decades. Recently, the National Transportation Safety Board (NTSB) recommended that even stronger laws be put in place to help eliminate motor vehicle accidents caused by drunk drivers. Of the NTSB’s nineteen proposals, perhaps the most dramatic is a recommendation that states lower the legal blood alcohol content (BAC) limit – currently .08{d37eae5b8410ed8fb22098597e6ecfa689963c7e8a6548fdf24949bed3e82123} in Louisiana – to .05{d37eae5b8410ed8fb22098597e6ecfa689963c7e8a6548fdf24949bed3e82123}. In support of this recommendation, they cite research indicating that at .05{d37eae5b8410ed8fb22098597e6ecfa689963c7e8a6548fdf24949bed3e82123} most drivers experience a decline in both visual acuity and cognitive functions, greatly increasing the risk of a personal injury accident. Outside of the U.S., many countries – including Australia, Belgium, France, Germany, Israel, Italy,…Read More
