When a person injured by a dangerous product wants to pursue compensation, one issue most New Orleans personal injury attorneys will examine is any warnings the manufacturer provided regarding the product’s use. If a manufacturer has not provided adequate warning of the potential danger of a product, the product may be found unreasonably dangerous based on this lack of warning. Whether a manufacturer is required to provide a warning depends on the nature of the product. When a manufacturer learns – or with reasonable diligence should have learned – that the product has a dangerous characteristic, there is a general duty to provide a warning of that danger to anyone who uses or handles the product. However, there are exceptions to this rule. No warning is necessary when the user knew – or reasonably could be expected to know –about the product’s dangerous characteristic. A warning also is not required when…Read More
Most of New Orleans’ health care providers are competent and hardworking professionals. This does not mean, however, that there are not subpar providers or occasions when the treatment provided to a patient falls below the acceptable standard of care for medical providers. When this happens, the patient may be able to pursue a medical malpractice claim. The medical treatment provided by a health care provider is required to meet the appropriate standard of care. Not every case in which treatment leads to a bad outcome or unexpected result constitutes medical malpractice — there must be a breach of the standard of care. In general, medical care providers must provide the care ordinarily possessed and exercised by members of their profession who are in good standing in the community. In cases where treatment involves issues particular to a specific medical specialty, the standard of care required is that which is ordinarily…Read More
Any New Orleans resident who is receiving Medicare and pursuing a personal injury claim should inform his or her attorney. Under federal law, Medicare has a right to recover any payments it made for medical treatment that arose from the personal injury accident. This includes the right to take a portion of the damages awarded in a personal injury lawsuit. The rules surrounding the reporting requirements for a Medicare recipient who pursues a personal injury claim are very strict. Failure to notify Medicare and make sure it is reimbursed out of the personal injury award or settlement for any expenses it paid can have serious financial repercussions for both you and your attorney. Medicare is required to be reimbursed for its expenses within sixty days of receipt of any compensation in a personal injury case. Neither you nor your attorney wants to pursue financial compensation only to see Medicare take…Read More
When someone in New Orleans suffers a personal injury from a product used nationwide, they may not have to proceed alone. When enough people have been injured by the actions of a company, they may be able to make a claim for damages as a group. This is referred to as a class action lawsuit. In the area of personal injury or wrongful death, examples of class action lawsuits include cases against pharmaceutical companies for drugs with dangerous side effects and cases against tobacco companies for cessation assistance. These lawsuits involve people from different parts of the country who have suffered injury as a result of the same action by the company or companies. Their lawsuits are joined together to avoid courts around the country having to hear hundreds or even thousands of cases involving largely the same issues. It is important to consult an experienced personal injury attorney if…Read More
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
