Damages

January 19, 2023

Why an Accident Report is Crucial to Your Claim

Have you ever been involved in a car crash and wondered what you should do next? After making sure that everyone is okay and does not require immediate medical attention, call the police. In many cases, the police officer will come to the scene and write an accident report. This report can be very important for your personal injury claim.

Although an accident report itself is not typically admissible as evidence in court, it is used as a great source of information as to the basic facts of the accident such as location, time, driver information, witness statements, police narrative, and more.

October 28, 2022

Who’s responsible If I am Injured on a Cruise?

by Cardone Law Firm

Taking a cruise is popular vacation for many people. Each year, approximately 28 million people set sail for some relaxation and fun. You may find yourself dining in, swimming, shopping, rock climbing, ziplining, surfing, etc. However, your dream vacation can quickly become a nightmare if you find yourself becoming injured while on a cruise ship.

Although a cruise ship can contain many fun activities conveniences for its passengers, it also presents many dangers. The most common types of cruise ship accidents include:

October 14, 2022

Will a Pre-Existing Condition Affect your Louisiana Personal Injury Claim?

by Cardone Law Firm

If you were involved in an accident and were already dealing with a pre-existing injury, you may be wondering how that previous injury will impact your new claim. While having a pre-existing condition does not bar a car accident victim from recovery, it could present challenges when it comes to proving your injuries and value of your claim. Insurance companies will often use this as a tactic to deny fair compensation or claim the motor vehicle accident did not cause the injury. So, it is crucial to contact an attorney immediately to guide you through the process.

Simply put, a pre-existing condition is a health condition that an injured person already had before a new accident occurred. The likelihood of someone suffering from a pre-existing condition is high, especially as you age. However, this should not keep personal injury victims from being properly compensated. Although the insurance company may want an injured party to believe otherwise, a squeaky-clean bill of health is not necessary to prove your injuries. If you suffer from a pre-existing injury, it is important to prove that the accident worsened that injury rather than caused it.

September 8, 2022

Recovery After an Elevator Accident

by Cardone Law Firm

Who isn’t afraid of elevators? Who has ever gotten stuck in an elevator and thought of being trapped or worse yet an elevator going into a free fall? Although elevator accidents may seem like a rare occurrence, they are fairly common. The Consumer Product Safety Commission (CPSC) reports an average of 10,200 elevator accidents involving injuries each year, with approximately 30 cases being fatal accidents.

Elevators, while a great convenience, can be lethal. These machines can lose power, get stuck between floors, lose traction, and even go into a free fall or abruptly stop for no reason at all. Each of these hazards can produce significant injuries such as disc injury, broken bones, traumatic brain injury, amputated limbs, and death. After an accident, not only may you be traumatized to ever step into an elevator again, but it can also change the entire course of the rest of your life depending on the severity of the injury sustained.

November 17, 2021

Receiving Compensation for Emotional Distress and Loss of Enjoyment of Life After an Accident

by Cardone Law Firm

An individual’s quality of life can be greatly affected in an instant. After an accident, most people are primarily concerned with apparent physical injuries and property damage. But once the dust settles, emotional suffering can begin to greatly impact the victim’s life.

Not only may the victim experience physical pain, but he or she may also suffer mentally. A victim’s mental pain and suffering after an accident is less about the physical pain from the injuries, and more about the mental and emotional anguish that is caused by the injuries and the accident. In fact, emotional distress is very common following an accident. It can negatively impact the victim’s daily activities and routine. If the trauma is severe enough, it may require treatment from a psychologist or therapist.

October 22, 2021

Insurance Commissioner Announces New Hurricane Ida Mediation Program

by Cardone Law Firm

It has been nearly two months since Hurricane Ida swept through southeast Louisiana leaving homeowners and business owners devastated. By now, many individuals have filed a claim with their insurance company to begin to recover for any losses.

As previously mentioned, homeowners typically have 180 days to file an insurance claim after a hurricane, unless the deadline is extended. Once submitted, the insurance company will review your claim and either deny or approve your claim. However, you may want to contact an attorney to protect your rights in the event that a disagreement arises between you and the insurance company. Disputes often arise between policy holders and the insurance company when a claim is denied, payments are being delayed, or the damages were undervalued and underpaid.

October 15, 2021

Important Deadlines For Hurricane Claims

by Cardone Law Firm

Once a storm passes and the sky begins to settle, reality kicks in. Many people are left with destruction and just want to get their lives back on track again. This usually means that individuals must start reaching out to their insurance company and file a claim for damages. So, what are the time limits to be mindful of when dealing with hurricane damage claims?

Generally, if an individual is unable to come to an agreement with their insurance company to cover their losses after a catastrophic event like Hurricane Ida, he or she has the right to file a lawsuit. According to La. R.S. 22:868(B), the lawsuit must be initiated within 24 months after the date of loss . Even if the matter is still in dispute with the insurance company, the lawsuit must be filed within two years from the date of damage.

October 1, 2021

Louisiana Insurance Commissioner Urges Payment of Evacuation Expenses

by Cardone Law Firm

Getting back on your feet after a storm can be exhausting, especially when trying to deal with your insurance company. In early September, Louisiana Insurance Commissioner, Jim Donelon, urged insurance companies to pay evacuation expenses of policyholders affected by Hurricane Ida.

A majority of homeowners policies include coverage for additional living expenses (ALE). This coverage is intended to cover costs when individuals cannot access their homes due to an evacuation order, physical barriers, or hazardous road conditions blocking entry. It generally extends up to two weeks following a disaster if you were ordered to evacuate, but it will extend for a longer period if the home is deemed uninhabitable.

September 24, 2021

Accident With A Delivery Driver? Here’s What To Do

by Cardone Law Firm

Online shopping and the use of delivery services has become a common practice by millions of Americans. The ability to shop online is saving shoppers time, money, and the stress of dealing with crowded retail stores. The roads are filled with delivery trucks like UPS, FedEx, DHL and Amazon Prime. With this becoming the new norm, the number of commercial delivery trucks on the road has significantly increased.

Naturally, the more delivery trucks on the road, the higher the chance of one of them being involved an accident. Some of the leading causes of delivery truck accidents include:

September 17, 2021

Beware of Hurricane Ida Scams

by Cardone Law Firm

As if rebuilding and recovering after a natural disaster is not difficult enough, individuals must also beware of scammers looking to capitalize off of Hurricane Ida. Unfortunately, opportunists are looking for any way to take advantage of vulnerable people devastated by the storm. The biggest types of scams to watch out for are disaster charity relief scams, insurance scams, and FEMA imposters.

Disaster Charity Relief Scams. Whenever Americans see devastation in the U.S., many people feel inspired to help in any way that they can. Often times this includes donating money or supplies to hurricane relief organizations. However, fraudsters are always ready to take advantage of those giving back.