Following a motor vehicle accident involving an injury, one of the first things New Orleans personal injury attorneys explore is the availability of insurance coverage to compensate the injured party. Under Louisiana law, all drivers must carry a minimum level of Bodily Injury Liability coverage of $15,000 per injured person and $30,000 per accident. If the motor vehicle whose driver caused the injury is not insured, or does not carry enough insurance to fully compensate for the injuries, uninsured/underinsured motorist coverage may provide additional coverage. This coverage may be purchased by a vehicle owner to help protect himself and the occupants of his vehicle. Louisiana law has a unique approach to uninsured/underinsured motorist coverage. Drivers are not absolutely required to purchase it, but if they do not specifically reject it when purchasing auto insurance, they are presumed to have purchased it. There is a form that the person purchasing the…Read More
The laws of Louisiana specifically consider when an employer may be held responsible for the acts of an employee driver in a personal injury lawsuit. This is referred to as having “vicarious liability” for the employee. Three elements must be shown to impose vicarious liability on the employer. First, there must be an “employment relationship.” Whether an employment relationship exists is usually determined by examining the amount of control the employer exercised over the employee’s work at the time of the injury. Second, it must be determined whether the employee’s negligent acts were committed within the course and scope of employment. When deciding this issue, courts examine whether the employee’s conduct was so closely connected in time, place, and purpose to his work duties that it should be treated as a risk attributable to the employer’s business. When an employee acts out of purely personal considerations that are outside the…Read More
Some visitors to New Orleans may mistakenly think that we have relaxed regulations regarding underage drinking. Like the rest of Louisiana, the drinking age here is twenty-one, and it is illegal to serve alcohol to minors. Moreover, if an intoxicated minor causes an injury to someone, the party who provided the alcohol may be liable. This is different than the rules that apply when an intoxicated adult causes a personal injury. For adults, Louisiana Revised Statute 9:2800.1 limits the liability of those who sold, served or furnished the alcohol. It also provides similar immunity to a social host for injuries occurring off-premises as a result of someone’s intoxication. These same rules, however, do not necessarily apply to selling or serving alcohol to minors. In fact, portions of this statute are expressly limited to individuals of legal age, and the Louisiana Supreme Court has specifically held that it does not protect…Read More
As experienced New Orleans personal injury attorneys, we have dealt with the consequences of many terrible accidents involving large trucks. While these accidents have a variety of causes, a study by the National Transportation Safety Board has found that driver fatigue is a factor in 30 to 40 percent of large truck accidents. Because of the dangers of truck driver fatigue, the federal government regulates not only the number of hours a truck driver may spend on the road, but also how long they may remain on duty when not driving. For example, truck drivers are not supposed to spend more than eleven hours driving after having completed ten consecutive hours off duty. Truck drivers are required to document their time spent driving, their time off duty and hours of sleep in a logbook. If the truck driver has kept an accurate logbook as required by law, it may help…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
Motor vehicle accidents involving drunk drivers are all too common in the New Orleans area. Because of the obvious danger that drinking and driving poses to innocent drivers, Louisiana has enacted special laws that take effect when a personal injury lawsuit involves a drunk driver. These provisions are designed to protect individuals hurt by drunk drivers and impose additional penalties upon such drivers. When a person is injured by a driver intoxicated or impaired by alcohol or drugs, the injured party may pursue additional damages – called punitive damages – against the drunk driver. Punitive damages are additional compensation awarded to the injured party above the amount granted to cover the costs of medical treatment, lost wages and pain and suffering. The sole purpose of punitive damages is to punish the drunk driver for such dangerous conduct, and to act as a deterrent to similar conduct in the future. Lawsuits…Read More
The first good place to look is to ask a friend if they’ve ever retained an attorney and would recommend a certain one for your situation. The important thing is to find a personal injury attorney that has handled multiple car accident lawsuits before and has a good reputation in the community. Most law firms offer a free face-to-face consultation to discuss your case and give you the opportunity to ask any questions you might have. This presents a good situation to evaluate the attorney and make sure you feel comfortable having them handle your matter. It is most important to not be afraid to take the time and find the right personal injury attorney for you. If you have been involved in an auto accident in the New Orleans area, call us at (504) 527-8767.Read More
An attorney will most likely set up a contingency fee agreement with you for a lawsuit involving a car accident. Thus, if money is recovered as the result of the settlement or a win at trial, the attorney will only take a certain percentage of the money for his fee. In most jurisdictions in Louisiana, the percentage is usually 33 1/3{d37eae5b8410ed8fb22098597e6ecfa689963c7e8a6548fdf24949bed3e82123} but can increase depending on the difficulty of the case or if the case does go to trial and becomes a very involved matter. It is important to meet with an attorney and, during the first consultation, discuss all of your questions with him or her including matters of their fee. If you need an injury attorney, contact the Gertler Firm at (504) 527-8767.Read More
If you have signed a release with the insurance company, it is likely that you cannot reopen the case. Your ability to make any future claims with the insurance company concerning that auto accident has ended. I would discuss with your attorney whether there might be a chance that you can reopen the case given certain circumstances. However, once you sign a release form with the insurance company, you’re ability to collect any more potential settlement money is likely not available. If you need to speak with an experienced New Orleans Injury Law Firm, call the Gertler Firm at (504) 527-8767.Read More
It is always a good idea to find an attorney who handles a lot of the types of cases that you might have. It’s important in your initial consultation with the attorney to ask them about their experience in handling car accident cases and see if they might be the right person to handle your case. Also, it is very important to be comfortable with the person you hire because you will need to work together to get your case resolved. If you have been involved in a car accident, why not speak to some of the most talented New Orleans Injury Attorneys for free.Read More
