Articles Posted in Around Louisiana

In New Orleans, you don’t need an excuse to parade or party. Mardi Gras in particular is one of the biggest holidays in New Orleans generating an estimated $840 million dollars each year. While a vacation is supposed to be a time filled with fun, laughs and excitement – when you add the mass amounts of tourists in with the locals, copious amounts of alcohol and partying, you are bound to have a few accidents.

If you are vacationing in the Big Easy and are injured due to someone else’s carelessness, it’s crucial to know what steps to take next.

bicycle_accident-300x200Any time one experiences the death of a loved one due to the negligence of others, it is a painful time. The handling of a death case requires a knowledgeable and skilled attorney who has years of experience with wrongful death and survival action cases. A fox8live.com report followed the story of a southeastern Louisiana man killed in an auto accident. Steven was a 59-year-old bicyclist headed west on LA-58 in Terrebonne Parish.

According to reports, a driver in a Chevrolet Tahoe SUV, who was also traveling westbound on LA-58, approached Steven from behind. She hit Steven’s bicycle with the front of her SUV. The injuries inflicted on Steven in the accident were catastrophic. The local coroner’s office pronounced him dead at the scene, according to the fox8live.com report.

Drink_and_drive-300x200

When many people think about New Orleans and Louisiana, they think about jazz, Bourbon Street, the French Quarter, and Mardi Gras. Fun, parties, and celebration all come to mind, which is very true about the Big Easy. However, with these happy pursuits come the responsibility to party responsibly. Unfortunately, some people do not do so and the result is drunk driving. When a driver makes the decision to drive under the influence of alcohol, causes an  accident and ultimately harms others, the state may pursue criminal charges against the drunk driver. The victims injured as a result of the driver’s poor decision-making may also be entitled to money damages in civil court. If you’ve been hurt by a drunk driver, you should seek the advice of an experienced Louisiana drunk driving accident attorney.

Regrettably, the National Highway Traffic Safety download-9-300x120Administration estimates that drunk driving-related fatalities are on the increase in Louisiana. In one recent year, the NHTSA concluded that almost 250 of the state’s traffic deaths were alcohol-related. That was up from just below 220 only four years earlier. Many times, drunk driving accidents do not cause fatalities but still inflict serious harm. That was the case for one Mandeville woman and her children, who sued after being hurt in a crash on the Lake Pontchartrain Causeway, nola.com reported.

Staircase_accident-300x199When you are injured in a trip-and-fall or slip-and-fall accident on the premises of a commercial building, you may have various options. Your legal claim for damages may properly seek compensation from the building’s owner, or perhaps against a tenant. The key is to determine who legally “controlled” the area where you were injured and to target that party (or parties) in your legal action. To make sure your case in handled with optimal efficiency and effectiveness, be sure to retain the services of an experienced New Orleans injury attorney.

Recently, a woman was injured while exiting a commercial building in New Orleans. E.C. was leaving the building when she stepped onto a set of cement stairs and fell. The staircase did not have a handrail. E.C. suffered serious injuries, including multiple disc herniations, left knee strain and nerve damage. The injured woman pursued the owner of the building in her lawsuit.

fallen_woman-300x199Sometimes, you may have some – but not all – of the information you need about a legal matter. Say, for example, you are injured during a slip and fall at a business because a spill was left on the floor. You may know that this spill potentially makes the business liable for your injuries. However, how long must the spill have been on the floor in order for you to win your case? What types of evidence do you need to demonstrate that the spill was there long enough? These and other things may, quite reasonably, be outside the scope of your knowledge. That’s why, if you’ve experienced a slip-and-fall injury, you should equip yourself and your case with the knowledge provided by a skilled New Orleans injury attorney.

A recent case from here in New Orleans involved actual facts similar to the hypothetical ones above. A guest at a New Orleans casino slipped, fell and got hurt crossing a walkway. She allegedly slipped because she stepped on some food on the floor. According to the guest, she was in the process of leaving the casino and was passing through a dimly lit area between a restaurant and a lounge when she slipped. Allegedly, a casino employee told her she slipped on a “smushed grape.”

filling_deadlines-300x200In your auto accident injury case, you’ll likely face many types of opposition from the other side. They may argue that you do not have enough evidence to have a valid case, that you’ve sued the wrong party, that the court lacks jurisdiction to rule for you, or that you’ve fallen short of procedural requirements, such as filing deadlines. Whether the potential hurdle placed in your way is jurisdictional, factual or procedural, it is important to have a skilled advocate on your side to overcome that hurdle. For this kind of representation, be sure to rely on a skilled and experienced Louisiana injury attorney.

One type of filing deadline with which many people are familiar is the statute of limitations. There are actually many other deadlines, depending on the circumstances, imposed by the statutes and the court rules. These deadlines are very important, because missing even one may be enough to cause the dismissal of your case, meaning you receive no compensation.

premises_liability-300x200You may not immediately be familiar with the phrase “premises liability,” but you probably are familiar with many of the types of accidents that relate to premises liability. These cases often involve trip-and-fall or slip-and-fall accidents. While these accidents may seem relatively minor, they have the potential to inflict serious and long-lasting damage. If you’ve been hurt in a trip-and-fall or slip-and-fall, the property owner may try to defend itself by arguing that the hazard was obvious and that you should have seen and avoided it. Succeeding in your case will involve not only providing sufficient evidence of your case but also defeating the defenses offered by the property owner. For help and guidance in clearing these and other hurdles in your premises liability case, talk to a skilled Louisiana premises liability lawyer.

One example of an injured person who overcame an “open and obvious” defense was Raymond, a plumber who, in December 2013, was doing work on a new home under construction in Metairie. While at the job site, the plumber fell from a landing of a staircase leading to the second floor of the house, suffering serious injuries in the fall. The plumber sued the homeowner and the homeowner’s insurance company for the damages he had suffered. The plumber’s lawsuit contended that the landing lacked a stair railing and that the absence of that railing was what caused him to fall and become injured.

parking_lot_injury-300x211

Many of us know the dangers of traveling streets or roads as a pedestrian. Pedestrians can be easily overlooked and, if struck, have the least amount of protection. However, one does not need to be walking on a major road to be in danger of harm while on foot. Even a trip to the local home improvement store can carry these risks. Whether your accident was along a major road or happened inside a store parking lot, it is important to be sure you know how to get all the information and assess all the facts. Sometimes, you may find that there are more people and/or entities who are liable to you than otherwise might have believed. To get the clearest picture of all of your options in the legal system, reach out to a skilled Louisiana injury attorney right away.

Take, for instance, the case of B.M. B.M. was a man who was visiting an Alexandria big-box home improvement store in October 2015. As B.M. exited the store, another customer, L.C., backed up and struck B.M. with his Chevy Silverado pickup truck.

lawsuit_Problem-300x200The above question is not an unreasonable one. It’s one among many circumstances that illustrate how many different challenges or unique things can happen in your Louisiana injury case. Many of these may be things for which you are unprepared or, at least, are not equipped (in terms of legal knowledge) to utilize to your maximum advantage. So, if you have sued and the party who injured you filed his pleadings too late, or did not file anything at all, there may be ways to obtain a judgment in your favor without the other side’s participation and without requiring a full trial. For the advice and representation you need when unusual things like this happen, be sure you’re equipped with a skilled Louisiana injury attorney on your side.

When the other side does not respond in a timely manner or doesn’t respond at all to your lawsuit filing, you can choose from several different options. One of these is called a default judgment. A default judgment is a judgment ordered by the court in which the judge says that you filed your lawsuit properly, that you laid out all of the required elements of the claims you asserted, that the other side did not respond, and that you are entitled to a judgment in your favor on all claims as a result. This kind of judgment is just as binding as if you went through a full trial and received a jury verdict in your favor.

car_insurance-300x200

Auto accidents that cause injuries happen every day around Louisiana. With many of kinds of injury accidents, and auto accident lawsuits, there’s a common thread to them: insurance. In many accidents, getting a full and fair recovery (or, at least, a fuller and fairer recovery than you often could obtain from the defendant driver him/herself) is predicated on your ability to hold an insurance company legally responsible for paying. Insurers, of course, often seek to avoid paying claims in certain circumstances. To that end, insurers will often fight aggressively to avoid assuming responsibility for an accident and paying claims based upon it. That is one reason, among numerous others, why you need diligent and determined Louisiana injury counsel, who can fight effectively for you to get the payment you deserve.

Here’s an example from a case decision recently announced by the appeals court: B.M. and C.W. were involved in an auto accident on Feb. 27, 2016. The other driver, who was behind the wheel of a Lincoln Town Car, was at fault in the accident and the accident caused B.M. and C.W. to suffer damages, so they sued.