Louisiana Injury Lawyers Blog
Many types of sports today have an option for a competitor to challenge a ruling made on the field, and to have that ruling analyzed again. Appeals of court rulings are not exactly like that. In the law, a lot of rulings by trial courts are entitled to a certain degree of deference, meaning that many appeals can only be successful (and the underlying ruling overturned) if that lower ruling was clearly unreasonable. What this means for you is that it is of paramount importance to be sure you are putting on your strongest possible presentation and arguments when you appear in the trial court, because it is a lot easier to argue for affirming your successful result than to argue to an appeals court for the reversal of an unsuccessful result in the trial court. To be sure you are making that strongest possible case, be sure you have representation from a skilled Louisiana injury attorney.
An example of how this process worked, and how one family won their injury case, was the accident involving a fifth-grader named C.T. C.T. and his seventh-grade brother were running near the edge of their front yard when a neighbor, S.M., struck C.T. with her SUV. Although the harm C.T. suffered was not life-threatening, he nevertheless suffered substantial injuries, including a concussion, a badly bruised leg and a hairline fracture of his hip. Due to the injuries, it took the boy 1-2 months to return fully to normal activities.
C.T.’s father sued S.M. and her auto insurer. The case proceeded as a “bench trial,” which means that the case was decided by a judge and not a jury. The defense’s primary argument was that the boy was to blame for the accident, as he “suddenly and without warning” ran into the path of S.M.’s SUV, and did so too late for the woman to avoid crashing into the child. After both sides presented their evidence to the court, the judge entered a ruling. The judge found S.M. 100% at fault for the accident and awarded almost $30,000 in damages to C.T.’s father.
Slip-and-fall and trip-and-fall accidents in Louisiana are, in some ways, somewhat similar to those types of cases in other states. In order to obtain compensation for your injuries, you need proof that the person or entity you’ve sued either caused the problem, knew about the problem (and did not act), or reasonably should have known about the problem (and did not act). Getting the evidence you need to succeed in your case is vitally important because a slip-and-fall or trip-and-fall injury can be serious and can have life-altering effects on you. To make sure that you are amassing the proof you need, be sure you have retained the services of a knowledgeable New Orleans premises liability attorney.
The problem of distracted driving is a massive one that, each year, takes a major toll on people traveling the country’s roads and highways. Although the number of people killed in distracted-driving deaths dropped from 2015 to 2016, the National Highway Traffic Safety Administration recorded more than 3,400 such deaths in 2016. A major cause for distracted-driving wrecks is cell phone usage. If you have been hurt due a driver who was distracted by his/her cell phone, the law may allow you to recover substantial damages. Be sure you have an experienced New Orleans injury attorney on your side to help you get the compensation to which you are entitled.
While you may not necessarily realize it, any elevator accident has the potential to be massively harmful. A fall of just a few floors can be extremely dangerous and damaging, especially if your accident involves an elevator stopped by an impact with the ground. The sudden stop can exert a profound jolt on your body. This can cause serious damage to feet, ankles, legs, knees, hips and your back. These injuries can include both broken bones and soft tissue damage. Regardless of how far you fell, you should take timely action to protect your rights and your ability to recover compensation for the harm you suffered. Reach out to put an experienced New Orleans injury attorney on your side.
