The outcome of all New Orleans personal injury lawsuits will ultimately be determined by the evidence available, including the evidence of the degree of injury caused by the accident. While you may have been badly hurt, your case will have serious challenges if you do not have the medical evidence needed to corroborate the injury. The truth often does not matter if you cannot prove it to the judge or jury. In personal injury lawsuits, the need for proof can be especially important when it comes to medical treatment. The defense in such a lawsuit often will be looking for holes in the treatment record – such as lapses in treatment or apparent failures to report certain conditions – that could be used to argue that your injuries are not as serious as you claim. As a result, it is extremely important to be truthful with your medical providers and…Read More
No, if you file a lawsuit for an injury caused by the negligence of another and either not settle or lose at trial, you owe nothing to the law firm. Expenses are reimbursed to the firm only if a recovery is obtained. If you have questions about a potential lawsuit after you or a family member has been injured, call the Gertler Law Firm at (504) 527-8767 for a free consultation.Read More
Yes. If you’re considering filing a personal injury lawsuit over a car accident, slip and fall, or any other kind of personal injury, the answer comes down to “damages.” The value is determined by the type of case, court’s review of similar cases, and what was paid in these cases. Please note that the time-limit to file a suit commences from the day injury or damage is sustained. It does not apply to minors or interdicts in actions involving permanent disability and brought pursuant to the Louisiana Products Liability Act or state law governing product liability actions in effect at the time of the injury or damage. If you have questions about Personal Injury, call the Gertler Law Firm at (504) 527-8767 for a free consultation.Read More
Visitors to New Orleans often have a misconception that the city has relaxed regulations when it comes to underage drinking. In fact, the drinking age in Louisiana is twenty-one, and it is illegal to serve alcohol to minors. Moreover, if an intoxicated minor injures someone, the party who provided the alcohol could potentially be exposed to civil liability. When an intoxicated adult causes a personal injury, Louisiana Revised Statute 9:2800.1 limits the liability of those who sold, served or furnished the alcoholic beverage to the individual. It also provides a similar immunity to a social host for injuries occurring off-premises. The statute provides that it is the consumption of intoxicating beverages, rather than the sale or serving of such beverages, that is the proximate cause of any injury. These same rules, however, do not necessarily apply to selling or serving alcohol to minors. Portions of the statute are expressly limited…Read More
When a personal injury occurs in New Orleans, the injured party has a duty to mitigate his or her damages. This means that the injured person must take reasonable steps to minimize the consequences of the injury. A plaintiff’s failure to mitigate damages may reduce the amount awarded in a personal injury lawsuit. If the defendant contends that the plaintiff has failed to mitigate damages, the burden is on the defendant to prove it. Whether the plaintiff has used reasonable care is analyzed by the judge or jury in terms of the specific circumstances of each case, including factors such as time, knowledge, opportunity, potential exposure to further loss and the expense required to avoid a reasonably foreseeable loss. If you have suffered a personal injury, you should be aware that any unreasonable refusal to submit to medical treatment recommended by a competent medical authority might be seen as a…Read More
New Orleans accident victims usually do not rely solely on the outcome of a personal injury case to pay expenses arising from their injuries. Other individuals or organizations often pay expenses that are also being claimed in the personal injury lawsuit. These other parties are called collateral sources. Examples include a health insurer, an employer who continues to pay lost wages, or even a family member who pays medical bills. The basic rule in Louisiana is that amounts received from collateral sources do not reduce the victim’s recovery in a personal injury lawsuit. For example, if the victim’s employer continues to pay wages, the victim may still pursue lost wages in the lawsuit. There are, however, exceptions to this rule based on the specific facts surrounding a payment. These exceptions include whether the plaintiff provided some consideration, such as an enrollment fee, for the benefit. Collateral source benefits for which…Read More
For most personal injury lawsuits in New Orleans, the parties have the right to request that a jury, not the judge, hear their case. This is not true, however, when the damages being sought are less than $50,000. For these cases of lesser value, Louisiana law requires that any trial be conducted before a judge who makes the final decision on the merits of the lawsuit and the damages sought. While many states have such a threshold before a jury may be requested, Louisiana’s financial limit is by far the highest. On April 2, 2012, the Civil Law and Procedure Committee of the Louisiana House Monday rejected a bill that proposed lowering this $50,000 threshold to $15,000 for lawsuits classified as tort cases – which primarily consist of personal injury cases. The reasons for this rejection included a feeling among some lawmakers that it constituted an attempt by the business…Read More
There are many different ways that a New Orleans personal injury lawsuit may be resolved without a trial by jury. While television shows may give the impression that trials are a common occurrence, in reality very few lawsuits actually conclude with a jury trial – especially lawsuits in which the issues are clearly in favor of one party or the other. Probably the most common manner in which personal injury cases involving little factual dispute are resolved is simply through the parties reaching an agreement on how much the case should be resolved for. While this may sound relatively straightforward, it can actually be a complicated process that requires time and a skilled personal injury attorney. Although the defendant may understand that damages will ultimately have to be paid, the defendant will wish to minimize the amount. An experienced personal injury attorney will be able to accurately assess the value…Read More
The schools of New Orleans have the difficult task of not only educating thousands of children, but also attempting to maintain an environment that is safe for all students. While there is no absolute bar to suing a school when its employees fail in their duty to properly supervise students and provide a safe environment, any matter involving an injury at a school should be evaluated by an experienced personal injury attorney to determine its merits. Schools do have a duty to provide reasonable supervision over students through their employees. They are not, however, expected to be perfect in their supervision of students. The Louisiana courts have noted that constant supervision of all students is neither possible nor required, and that the degree of supervision required must be evaluated based on the specific circumstances of the particular case. As a result, any time a lawsuit against the school is being…Read More
Dealing with Medicare laws has become an increasingly complicated area for New Orleans personal injury attorneys. Under federal law, Medicare has a right to recover any payments it made for medical treatment. This right extends to taking a portion of the damages awarded in a personal injury lawsuit. There are very strict regulations surrounding the requirements to report information regarding the settlement of a personal injury case to Medicare. If you are receiving Medicare, they will assert a lien against the proceeds of any settlement or judgment in your case. When you receive financial compensation, Medicare is required to be reimbursed for its expenses within sixty days. In some cases, Medicare may also have a right to take an additional portion of any financial compensation as payment for anticipated future medical expenses. This is known as a Medicare set-aside. When long term treatment is required, this set-aside may be extremely…Read More
