Around Louisiana

July 16, 2019

Win Your Louisiana Premises Liability Case by Overcoming an ‘Open and Obvious’ Argument

You 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.

July 12, 2019

The Ways in Which You Can Recover Damages for Your Louisiana Parking Lot Injury

by Cardone Law Firm

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.

July 12, 2019

I Filed My Louisiana Lawsuit and Got it Served on the Other Side, But They Did Nothing in Response. Now What Do I Do?

by Cardone Law Firm

The 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.

July 11, 2019

Taking on the Insurance Companies to Get the Payment You Deserve in Your Louisiana Auto Accident Injury Case

by Cardone Law Firm

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.

July 10, 2019

How a Wise Procedural Move Allowed One Louisiana Pedestrian to Maintain Her Pursuit of an Award of Injury Damages

by Cardone Law Firm

When you’ve been injured in a vehicle accident, whether you’re a pedestrian, driver, passenger or cyclist, you may have certain legal options available to you. You may know that you can go to court and sue the driver who crashed into you. But, you may not know that there’s often more to a completely successful result than that. There may be procedural maneuvers that an experienced attorney will know to make to protect your interests that you, as a non-lawyer, would not reasonably be expected to know about. In other words, your auto accident injury case is too important to leave anything to risk, so be sure you have a skilled Louisiana injury attorney advocating for you.

A case highlighting this truth was the negligence action pursued by W.B., who was a pedestrian injured in Jefferson Parish. According to her lawsuit, she was standing behind her vehicle when A.G. crashed into W.B.’s vehicle with her vehicle, causing W.B. to suffer substantial injuries.

July 9, 2019

Fatal Head-On Crash in Ascension Parish Leaves One Man Dead

by Cardone Law Firm

Roughly half-way between New Orleans and Baton Rouge, a mid-March accident claimed the life of one Louisiana man. That man, a 54-year-old from Holden, left behind a fiancée, a mother, two siblings and many nieces and nephews. He was killed by a driver whom police believed to be driving while intoxicated. Certainly, a DWI that causes injury or death usually will be a criminal matter. However, if you were injured (or a loved one killed) by an intoxicated driver, what you and your family may need is often much more than just the closure that comes from an intoxicated driver’s criminal punishment.

The law gives people injured (and the loved ones of people killed) by intoxicated drivers the ability to seek compensation in criminal court. To get the answers you need and to find how best to go about pursuing your legal options, be sure to reach out promptly to a skilled Louisiana injury attorney.

July 9, 2019

The Terrible Toll ‘Road Rage’ Driving Has Taken Here in Louisiana

by Cardone Law Firm

Road rage and aggressive driving are problems everywhere. When drivers give in to this urge, terribly bad things can (and often do) happen. The Pelican State has seen many road rage tragedies, including the deaths of two NFL players with New Orleans-area ties (Will Smith and Joe McKnight.)

This spring, the Louisiana Supreme Court will hear arguments in one of the more horrifying road-rage accidents of recent years. In the case, two drivers were allegedly engaged in a game of road-rage-motivated “cat and mouse” along westbound Interstate 10 near Baton Rouge. The encounter ended with the vehicles bumping into each other. One vehicle, a pickup truck, spun out of control, crossed a median and slammed into a sedan in the eastbound lanes. The sedan caught fire, killing a mother, her three young sons and the woman’s teenage co-worker, The Advocate reported.

June 24, 2019

How the Use of Effective Trial Strategy Techniques Can Make a Big Difference in Your Louisiana Auto Injury Case

by Cardone Law Firm

You’ve probably heard the phrase “trial strategy.” Trial strategy involves making certain legal or procedural decisions in order to take maximum advantage of the facts or the law surrounding your case. But how much does trial strategy really matter – aren’t most all trials generally the same? The answer is a resounding “no.” Each trial has its own unique twists and turns. Even if most were similar, would you want to gamble the compensation you need on your case not being one of the unusual ones? Protect yourself by making sure you have a knowledgeable Louisiana injury attorney on your side to protect your rights no matter how ordinary or extraordinary your case is.

R.N. and T.H. were two people who were also personal injury plaintiffs in a case that demonstrates how important trial strategy can be. R.N. and T.H. were injured in a two-vehicle auto accident.

January 30, 2019

How to Maximize Your Damages Award in Your Louisiana Injury Case

by Cardone Law Firm

A man who suffered injuries as a result of a flying golf club won a jury verdict in his case recently, recovering both general and medical expense damages. But the total that the injured man obtained might have been even more. Had the man provided certain forms of documentary proof, he might have also succeeded on his claims for lost wages and lost earning potential, and realized an even greater cumulative award. The outcome is a reminder to make sure you have all the evidence you need to get the full recovery you deserve. For help in pursuing your case, be sure you have an experienced Louisiana injury attorney on your side.

The facts leading to this lawsuit were quite unusual. D.H. and M.T. were two members of a group of four individuals who were golfing together at a course in Jefferson Parish. M.T. struck a poor shot and, as some golfers do, reacted by throwing his club. The airborne club crashed into D.H.’s leg, hitting just above the knee.

November 18, 2018

Endymion Parade Crash victim in New Orleans Files Suit Against the At-Fault Driver

by Cardone Law Firm

Mardi Gras’ Krewe of Endymion is normally a time of great fun and frivolity in New Orleans. That joyous atmosphere was dampened in 2017, though, when a drunk driver plowed into a Mid-Town crowd watching the Krewe of Endymion parade. That crash sent nearly two dozen people to the hospital. It also led one of the victims to sue the driver, according to a recent nola.com report. If you have been injured as a pedestrian, you should make the effort to consult with an experienced New Orleans pedestrian accident attorney to discuss the specifics of your case and which options might work best for you.

The woman who filed the lawsuit, Allison, was one of the 32 people injured when a drunk driver slammed into a crowd of onlookers at the corner of North Carrollton and Orleans Avenues. The driver was later tested for his blood-alcohol content, and his test yielded a result of .232, which is almost three times the legal limit, according to the nola.com report.