While every New Orleans personal injury lawsuit has its own set of unique circumstances, there are some fundamental facts that must be proven in every case before the plaintiff may be awarded damages. The basic laws underlying all personal injury lawsuits brought in Louisiana are set forth in Articles 2315 and 2316 of the Louisiana Civil Code. Article 2315 states: “Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it.” Article 2316 states: “Every person is responsible for the damage he occasions not merely by his act, but by his negligence, his imprudence, or his want of skill.” While these articles would seem to allow for a successful lawsuit whenever it can be established that a defendant’s negligence caused injury to the plaintiff, this is not actually the case. In a personal injury lawsuit, the plaintiff must also establish that…Read More
A motion for summary judgment is a procedural device that allows a court to resolve a case without a full trial when there is no “genuine issue of material fact” to be decided. If the court comes to that conclusion, the party bringing the motion is entitled to judgment as a matter of law. Such motions are occasionally filed in New Orleans personal injury lawsuits. The filing of such a motion means that one of the parties believes that there are facts in their favor that are beyond dispute. A motion for summary judgment may be made by either the plaintiff or the defense. In legal terms, a fact is “material” in a personal injury lawsuit when it is essential to the plaintiff’s theory of recovery. When there is a “genuine issue of material fact,” it means that reasonable people could disagree about the material fact being considered. In such…Read More
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
