Articles Posted in Damages

A few months ago, the Cardone Law blog covered additional settlement funds available to businesses affected by the BP oil spill. Recently there has been significant litigation and settlements revolving around Louisiana’s recent disasters.

A lawsuit has been filed by the Mexican government against BP Oil for damages arising from the Deepwater Horizon oil spill. BP disclosed on May 1 that the firm has been named as a defendant in over 2,200 suits filed by Mexico since March 6.

Automobile accidents come in every shape and size, and victims who are lucky enough to survive this encounter can’t always easily just walk away. The Cardone Law firm just recently secured a settlement for a client for $430,000 for her soft-tissue injuries. One of the most common forms of injury suffered as a result of an automobile accident is called a soft-tissue injury. A soft-tissue injury is an injury affecting nearly anything except bones and organs.

Typically when the term soft-tissue is used in the personal injury field, it is referring to an injury to muscles, ligaments, tendons, or other similar tissue which usually presents itself in the form of sprains, bruises, or shallow abrasions. Whiplash is a common form of a soft-tissue injury as it strains the neck and back of the victim. The most common form of treatment for a soft-tissue injury is embodied in the acronym RICE (Rest, Ice, Compression, and Elevation)

Leah, commuting in New Orleans, was involved in a low-impact accident when the defendant, driving a BMW, disregarded a stop sign and crashed into Leah’s vehicle. Leah had extensive pain associated with her injuries plus unexpected medical costs that she needed to now pay. The defendant insurance company didn’t feel that Leah could have possibly sustained such painful and longstanding injuries from such a minor accident.

Our experienced legal team was able to secure a settlement for Leah in the amount of $430,000.00. This amount ensured Leah received proper compensation for the injuries she suffered, both short and long term. As such, justice was served.

Things to remember:
If you are injured in a car accident it is important to exchange insurance information (even in minor fender benders should future injuries present themselves), contact your insurance company and contact an experienced personal injury attorney.

Remember, in Louisiana you only have one year within which to file a lawsuit. Should you fail to file a suit timely, you will forever lose your rights to recover any compensation whatsoever. An experienced personal injury attorney is familiar with this prescriptive period in Louisiana.
By the way, if you have suffered property damage to your vehicle along with your personal injury, you not only have a right to recover for the repair to your car, but you may also recover money for the diminished value of your repaired automobile! Typically, most attorney’s fail to make a Diminished Value claim on behalf of people who have sustained property damage to their vehicles. We at the Cardone Law Firm always determine if such a claim exists for our clients..

As a side note, Louisiana is a “comparative fault” jurisdiction with regard to personal injury negligence. “Comparative fault” means that even a party partially at fault in a personal injury action may recover for their damages. However, this amount may be reduced by the amount of responsibility of that party. You should not settle away a valid claim because you feel partially responsible.

Negotiations with experienced and savvy insurance adjusters should not be taken lightly. Those coming to the table against insurance companies must be reminded that they are settling and ending any possible suit for property damage, personal injury, medical costs, and many other remedies available under Louisiana law. A knowledgeable Louisiana car accident attorney is vital in calculating all applicable forms of compensation.

We at the Cardone Law Firm can handle all of your needs when you’re involved in a life-altering car wreck. So, if you, a friend or a loved one is involved in a wreck, simply Phone Cardone at 504-522-3333.

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Home damage and personal injuriesIn the last weeks of March, rainstorms and flooding led to extensive damage for many homeowners. Currently, the estimate is over 75 houses in the surrounding areas of Baton Rouge were damaged.Volunteers for Red Cross and Salvation Army were on the scene to assist needy residents.

Not all homes are accounted for that may have suffered rain damage, and it is important to know what may and may not be recoverable from home insurance in the case of home damage as a result of rainy weather. Generally, homeowner insurance does not cover flooding damages but water damage that was due to a storm, or was permitted to get into your home because of damage made by the storms winds, may be covered. Water damage that was the result of possibly negligent upkeep, such as leaky pipes, would not likely be covered. It is a homeowner’s responsibility to limit and mitigate damages in the event of a storm. Two major steps are the safe removal of water to prevent mold and the attentive repairing of holes and broken windows caused by the storm.

In the insurance process, you will want a qualified attorney to assist in the report of your potential claims to ensure prompt and accurate insurance payout and limit potential personal negligent liability for your damages.

Rain storm damage does not cease at property damage bur rather many personal injury cases are founded on slip and falls or other injuries from rain created hazards. This month a Louisiana woman filed suit against a grocery store for an injury sustained from a slippery floor wet from the rain.

Automobile damage
Slippery roads and hazardous driving conditions leave many people with auto damage from a number of sources. Falling tree branches, flooding, and weather related accidents can often lead to thousands of dollars in repairs if you can properly file suit against responsible parties and secure your deserved insurance settlement. Furthermore, personal injuries can amount to additional short term and long term costs. In severe cases, wrongful death suits may need to be brought on behalf of someone involved in one of these accidents. Tragically, the National Highway Traffic Safety Administration estimates that approximately 11% of traffic fatalities stem from accidents involving hazardous weather. Contact a qualified attorney to assist you in getting what’s rightfully yours and defending you from wrongful liability.

Quick What-to-do
Most Louisianans rely on their vehicle to get to work and home, rain or shine. However, should you be unable to operate your vehicle in hazardous weather conditions it is vital to limit your risk to others and yourself. Remain in your vehicle and stay calm. Keep one window cracked for air circulation and ensure the vehicle is off or, if on, the exhaust pipe is clear of obstruction. Carefully attach a bright visible signal, such as a plastic bag or cloth, to your vehicle to alert other drivers in reduced visibility.

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On December 16, 2007 the Arizona Cardinals were visiting the New Orleans Superdome to battle the New Orleans Saints for a spot in the playoffs. The game was an exciting display of offensive power and ultimately the Saints tied the Cardinals by the half and kept the lead for the win.

After the game, as the crowds dispersed, a group of eight individuals seated in Section 619 boarded an elevator to leave.

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