Nearly everyone in New Orleans has heard this personal injury cliché: a driver lightly bumps into the car ahead of her at a stop sign, and the other driver springs out of the car, holding his neck and shouting, “Whiplash!” He then files a personal injury lawsuit based on his “injury.” But whiplash is not a made up medical term. It is a term used in the medical field to refer to a hyperextension or over-extension injury to the neck. For people who actually suffer from whiplash, it is unfortunate that the word has become so strongly associated with false claims of injury. The cause of whiplash is thought to be the snapping of the head up and back when a person’s body is pushed violently forward. This may lead to stretching or tearing of some muscles and ligaments in the neck. In response to this initial injury the body…Read More
If you suffer a personal injury as the result of a defective product, you may bring a lawsuit to recover damages. Before doing so, however, you should consult with an experienced New Orleans personal injury attorney to determine the merits of your case. Personal injury lawsuits involving defective products are called “product liability” cases. To recover damages in such cases, it is not enough that you were injured while using the product. You also must establish that the product was defective in at least one of four ways: (1) unreasonably dangerous in construction or composition, (2) unreasonably dangerous in design, (3) inadequate warning, or (4) breach of manufacturer’s express warranty. If the defect in the product is present, the injured party is further required to prove that the complained-of defect in the product was the cause of the injury. When a large number of individuals are injured by manufactured products that all display the…Read More
When a New Orleans resident suffers a serious personal injury, his or her spouse also suffers. Under Louisiana law, a spouse may make a claim for monetary damages based on what is termed a “loss of consortium”. There are seven categories under which a spouse may make this claim: (1) loss of love and affection, (2) loss of society and companionship, (3) impairment of sexual relations, (4) loss of performance of material services, (5) loss of financial support, (6) loss of aid and assistance, and (7) loss of fidelity. These categories can cover a variety of circumstances. For example, a man who performs most of the yard work at his home seriously injures his back in an automobile accident. He is no longer able to perform these duties, and his wife must now do them. When his personal injury lawsuit is filed, his attorney also may seek financial compensation for…Read More
While dogs are a common pet in New Orleans, not all dogs are completely docile or safe to be around. Unfortunately, that means that dog bite injuries are not an unusual occurrence. If your child has been injured by a dog, there are a number of steps you may consider taking. Obviously, the most important thing to do is to tend to the injury. If the injury has been severe, it is important to not only seek medical attention, but also to follow through on all recommendations made by the medical providers. After attending to the initial medical care of the injuries, try to find out if the dog has had its rabies shots. Once these important health concerns have been addressed, you can then look to protect your child’s rights should you need to pursue damages in a personal injury lawsuit. As soon as it is practical, you should…Read More
As experienced New Orleans wrongful death attorneys, we know that the loss of a family member can result in far more problems than just the emotional difficulty of dealing with that loss. If the deceased person provided financial support for the family, the surviving family members may find themselves in a particularly difficult situation during what is already a terrible time in their lives. Fortunately, when a family member accidentally dies as the result of the negligence of another party, the family may be able to recover damages for lost income and support. When determining what would amount to fair compensation in a wrongful death lawsuit, 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…Read More
Most New Orleans residents are familiar with the legal term “beyond a reasonable doubt” and know that when someone is accused of a crime, this is the level of proof required to prove them guilty. Our courts have set this very high standard of proof because being convicted of a crime can have severe repercussions. While some personal injury lawsuits may involve serious injuries and large amounts of monetary compensation, the defendant is not in danger of losing his freedom or life if he is found liable for having caused the injury. As a result, the high standard of “beyond a reasonable doubt” used in criminal cases does not apply in civil cases. In most non-criminal (civil) cases involving personal injury, the legal standard of proof the injured person must establish before being compensated is termed “a preponderance of the evidence.” A preponderance of the evidence can be defined as…Read More
If you are injured and unable to work, supporting yourself can become an overwhelming problem. While many New Orleans residents have been faced with difficulty supporting themselves and their families under difficult economic circumstances, being placed in this position because of another’s negligence is especially unfair. Fortunately, under such circumstances the injured party often has the right to pursue compensation for lost wages. While a short-term inability to work can be difficult enough for an injured person, some cases involve injuries that lead to long-term or permanent inability to work. When this occurs, an experienced personal injury attorney will pursue not only past lost wages, but also future lost wages based on a projection of what the injured person’s 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 be a very significant monetary aspect…Read More
Determining who was responsible for causing an injury in a New Orleans personal injury lawsuit is not always a clear cut matter. While someone else may have created a dangerous condition that resulted in injury, there are situations where the injured party may have put themselves in a position to be injured. Fortunately for those injured, this does not mean they are completely barred from recovering compensation for the injuries suffered. Louisiana law allows for the recovery of damages in a personal injury lawsuit even when the conduct of the injured person contributed to his or her injury. The injured person, however, would not recover full damages. Instead, the amount awarded is reduced in proportion to the amount of any responsibility that the judge or jury attributes to that individual. For example, if an injured person is awarded $100,000 in damages, but is also found to be 50 percent at…Read More
Not all brain injuries are caused by striking the head during an accident. Many New Orleans personal injury accidents result in brain injuries even though there is no physical impact to the victim’s head during the accident. These brain injuries occur because the head of the victim is rapidly jerked during a violent collision. Because an actual impact with the head is not necessary for brain injury to occur, anyone who has been involved in a collision should be on the lookout for the symptoms of a Traumatic Brain Injury (TBI). Unfortunately, spotting TBI is not always as easy as it sounds. While some possible symptoms – such as vertigo, seizures, muscle spasms, and lack of strength or coordination in the extremities – may be readily apparent, other potential symptoms take many different forms and can be very subtle. These more difficult to detect symptoms can include memory loss, headaches,…Read More
Determining the value of injuries in a New Orleans personal injury lawsuit can be very difficult for the parties involved. This is especially true in the case of serious and permanent injuries, where no amount of financial compensation can return the injured person’s life to normal. When determining the value of a personal injury, some damages – such as the costs associated with prior medical treatment and loss of income – are easy to calculate. Others, such as the value of pain and suffering, are very subjective and can be extremely difficult to place a dollar amount on. Matters can become even more complicated if an injury is long term or permanent. In such cases, you must consider potential future medical costs and future lost wages and attach a dollar value to them. While it may be possible to accurately project some of the future expenses, proving them is obviously…Read More
