Beginning The Process Evidence in a premises liability claim is absolutely vital. There are several different types of evidence that are important in premises liability cases, but over the course of my career, I’ve found the following types especially solid when building a strong of a case for my clients. At the outset of a personal injury case, as I mentioned earlier, I conduct thorough interviews with my clients to gather essential information about their slip and fall incident. After this, I very quickly begin gathering pertinent evidence related to the incident. For example, if the slip occurred at a restaurant and an incident report was filed, I take immediate action to acquire this report. I also make every effort to recover any available surveillance video footage. If a picture is worth a thousand words, surveillance video footage is worth an unspeakable amount of them! These aren’t the only critical…Read More
Common Questions And Misconceptions Surrounding Filing Premises Liability Claims In Louisiana Many clients I encounter who seek assistance after experiencing a slip and fall accident are completely unaware of how difficult it is to successfully pursue a slip and fall claim in Louisiana. This is particularly true when the incident occurs in public places like retail stores and restaurants. Why is this? It’s because Louisiana has specific statutes that impose strict requirements for slip and fall cases that involve merchants. These requirements demand proof not only of an unreasonably dangerous condition but also of the merchant's knowledge of that condition, whether actual or constructive. Constructive notice is simply a term that means that the condition was there long enough that the merchant should have noticed the unreasonably dangerous condition. Proving notice can be incredibly challenging, especially when an accident is seemingly the result of something that has recently fallen or…Read More
In this article, you will discover: What types of personal injury claims you can file after a truck accident in Louisiana. What information your personal injury lawyer needs to get started on your case. How to determine if your Louisiana truck accident case falls under federal jurisdiction. Who Do I File A Personal Claim Against After Being Hit By A Semi-Truck In Louisiana And Suffering Severe Injuries? When pursuing personal injury claims arising from commercial vehicle accidents, there are several approaches to consider: Filing a Lawsuit Against the Truck Driver Filing a Lawsuit Against the Employing Company Filing a Lawsuit Against the Company's Insurance Carrier Filing Lawsuits Against Multiple Parties Each approach has its own pros and cons, and the most suitable course of action will depend on the specific circumstances of the accident. An experienced personal injury attorney can provide invaluable guidance in determining the best strategy for pursuing…Read More
In this article, you will discover: The most common causes of car wrecks in Louisiana. The types of injuries that are covered by personal injury claims in Louisiana. The best way to deal with insurance companies in personal injury cases. What Are The Most Common Causes Of Car Wrecks Across Louisiana? One of the most common causes of car accidents that we frequently encounter is inattentive driving. Whether it's drivers looking at their cell phones or simply failing to pay attention to the road, this lack of attentiveness poses a significant risk on Louisiana roads. What Are The Most Common Injuries In Car Accidents? The most common injuries sustained in car accidents often involve soft tissues, particularly in the cervical (neck) or lumbar (lower back) areas of the spine. Soft tissue injuries to areas such as the hips or knees may also occur, but cervical and lumbar strains or sprains…Read More
If you have been diagnosed with ovarian cancer or mesothelioma in the last year after using Johnson and Johnson Talcum Baby Powder products, the Gertler Law Firm will help you obtain financial compensation. It is official: Johnson and Johnson's famous Talcum Powder and another one of their products, Shower to Shower, have both been connected to serious cases of ovarian cancer and mesothelioma. There is no undoing the damage and heartbreak either disease can cause to you and your family. With the help of New Orleans personal injury attorneys at the Gertler Law Firm, however, you may be eligible to recover financial compensation from Johnson and Johnson for the harm you have suffered and the medical expenses connected to your illness. Do You Qualify For Compensation From Johnson And Johnson? The three simple questions below will help you determine if you qualify for this significant compensation. If you have answered…Read More
Preparing Clients For Settlement Negotiations When I prepare my clients for the negotiation table, I always try to have a straightforward conversation about the actual value of their case pursuant to the facts and law. As legal professionals, we gauge this value by examining past court rulings and jury awards for comparable injuries. It's vital for clients to grasp this legal value because, understandably, they might assume their suffering and significant medical expenses should translate into a higher value. However, the path to a fair settlement often lies in aligning their expectations with legal realities. Along the way, it'll be important to remember that we are constrained by the legal concept known as legal quantum. This means that the case's worth is bound by precedents set in previous cases with similar injuries. As such, keep in mind that while your personal journey may have been grueling, the case's value must…Read More
Liability In A Defective Product Injury Claim In the majority of product liability cases, and injured person would typically pursue legal action against the manufacturer of the product. There are also situations where you can also pursue a legal action against the seller of the product. However, in Louisiana, doing this requires demonstrating that the seller either knew or should have known about the product defect, but failed to disclose it. Proving this standard can be quite challenging because most sellers may not be aware of the product's defect. Nevertheless, in cases where the seller is highly knowledgeable about the product, it's possible to include them as a co-defendant along with the manufacturer. Louisiana’s Comparative Fault In many cases, you can seek compensation even if you bear some responsibility for your injuries. Louisiana has a comparative fault system, where a jury or judge may determine that you share a portion…Read More
Pressure cookers are already one of the most dangerous items in any kitchen. The combination of intense pressure and high heat is a recipe for excellent rice…or devastating burns. When there is a default in the actual cooker, though, that means the blame for the accident and injuries falls squarely on the manufacturer, and they can be made to pay for the harm caused. This is exactly what happened with the Insignia(™) pressure cooker. It was deemed so dangerous that Best Buy had to recall nearly 930,000 copies this October. But that hasn't stopped all the injuries, nor will it help those who have already been injured by the dangerous cooker. That is where our personal injury accident lawyer steps in to see that anyone who has been hurt gets fair compensation for the burns or other injuries they suffered. What Makes The Insignia(™) Pressure Cooker So Dangerous And Accident…Read More
Yes, there is a link between veterans of all branches of the armed forces and mesothelioma, here in New Orleans, Louisiana and across the country as well. Because asbestos is so resistant to heat and such an excellent fireproofing material, the military came to rely on it in a wide array of applications – from tanks and trucks to ships and airplanes to housing and offices. Veterans who served prior to approximately 1980 are likely to have had the most exposure during their service, but the problem of asbestos exposure for veterans doesn’t end there. The military excels at training individuals to perform highly skilled work, and when service members left to return to the civilian workforce, they applied those skills to earn their living. There are a number of military jobs that have an especially strong link to mesothelioma because exposure to asbestos continued for many people throughout their civilian career.…Read More
The following article will cover: What to expect when you file a mesothelioma claim. How an attorney can help you collect the evidence you need to prove your losses. The options that victims of asbestos exposure may have to find financial compensation. What Is A Mesothelioma Claim? Mesothelioma cases are categorized under product liability and personal injury due to their relationship with asbestos exposure. This form of cancer targets the lining of the lungs and is singularly attributed to asbestos exposure. Our firm has a deep-rooted history of dealing with these cases in Louisiana. In fact, a partner in our firm managed Louisiana's very first asbestos case back in the 1970s. What Kind Of Symptoms Are Typical In Mesothelioma Cases? Difficulty when breathing is the most prevalent symptom associated with mesothelioma. Additionally, clients often experience episodes of shortness of breath, especially during mildly physically exerting activities like climbing stairs. How…Read More
