Articles Posted in Personal Injury

sidewalk cracksAchieving successful results in premises liability cases (like slip-and-fall cases and trip-and-fall cases) requires several things in Louisiana. You have to have proof that the property owner knew or should have known about the hazard, and you may have to work to defeat an argument that the hazard was too “open and obvious” to create liability and allow you to recover compensation. In all of these areas, it helps to have a detailed understanding not only of the facts of your situation but of the law as well. This is why it pays to make sure you have legal representation from an experienced injury attorney.

A recent real-world example of a successful Louisiana premises liability lawsuit was the case of Cora, a high school student. Cora allegedly tripped as a result of a flaw in the sidewalk that ran in front of her school. According to the student, the sidewalk shifted beneath her, which caused her to lose her balance and fall. The injury caused the student to experience pain in her right foot, leg, knee, and hip. The student’s parent sued on her behalf.

In premises liability cases like this, many property owners will use as their defense against liability the argument that the hazard that caused the injured person to trip or slip was “open and obvious.” If a hazardous condition is open and obvious, the person using that property is responsible for protecting herself from it, and the property owner cannot be liable for injuries that take place.

Cardonelawfirmairbagautoaccidentneworleans-300x200When we think of the main safety devices installed in vehicles which are designed for driver and passenger protection, the first thing which comes to many peoples’ minds is the airbag. Airbags are primarily used as a safety device for drivers and passengers. When a crash or any sort of notable impact occurs, there are certain sensors within vehicles which register these events. These sensors correspond directly with airbags installed in the vehicle which are contained in the airbag electronic controller unit, also known as the “ECU.”

Any new car you buy is required to be equipped with airbags according to federal regulations. But, airbags haven’t been around all that long. Airbags were first introduced in the 1970s with limited success and broad based commercial use of airbags didn’t start in the market until the late 1980s and early 1990s. Therefore, relatively speaking, airbags are somewhat modern technology.

TYPES OF AIRBAGS 

Cardone-TBITraumatic brain injuries (TBIs) happen in many different ways and, often times, are preventable. This is especially true of TBIs in the workplace. With falls accounting for 47 percent of all TBI-related injuries, hospitalizations, and deaths in the United States, a workplace injury can easily lead to serious head trauma.

With nearly three million nonfatal injuries occurring in 2016, a head injury can leave an individual with life-long issues and permanently out of a job. When facing the challenges of a traumatic brain injury, victims and their families can deal with an unbearable amount of pain and financial stress.

But you don’t have to face the darkness alone.

The title of this blog is misleading because I don’t believe people can get more money for their auto accident without hiring an attorney. I am a prime example of this. When I just started my legal career (less than 6 months after being licensed), I was working at an insurance defense firm and I was involved in an auto accident that was not my fault. I only had minor soft tissue injuries. Being a young attorney, I was advised not to file a lawsuit since I only had minimal injuries, and if I did file a lawsuit, I was advised it may look bad since I would be suing insurance clients our law firm did business with at the time. I opted to not file a lawsuit, or hire a private attorney and I tried to handle my own claim individually and under the radar in the claims process, since after all – I was an attorney!

I’ve learned a lot since that time and I am going to share with you my true and real experiences and my unbiased advice.

  • RULE 1: It’s really about luck of the draw with adjusters.

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The Centers for Disease Control and Prevention estimates that each year over 300,000 children (age 19 or younger) are treated in the U.S. for traumatic brain injuries (TBIs) or concussions while playing sports. Even more troublesome is the fact that between 2001 to 2012, the rate of emergency room visits for sports and recreation-related injuries that ended with a diagnosis of a concussion or TBI more than doubled amongst this same age group.

With April being Youth Sports Safety Month, now is the perfect time to remember the importance of injury prevention and safety for our children as they participate in the activities they love. Whether it’s a high impact sport like football or just a traditional family bike ride on Sunday afternoon, taking the necessary steps to prevent a catastrophic event can truly prevent serious lifelong disabilities or severe injuries.

Your New Orleans personal injury attorneys at Cardone Law Firm would like to remind parents of the important role they play in protecting their children and also offer a few tips to keep your athlete safe in April and the rest of the year.

truck-brakes-accident-300x200When a 80,000-pound semi-truck comes barreling down the road, it is absolutely vital that their braking system is well taken care of and properly functioning. Unfortunately, that isn’t always the case and a bad braking system can lead to a devastating crash – or even death – for those of us driving in traditionally sized vehicles. In 2015, over 3,800 people died in large truck accidents. This was 22 percent higher than 2009.

At the Cardone Law Firm in New Orleans, our truck accident attorney has over 40 years of litigation experience dealing with personal injury and car accident cases involving 18-wheelers. Our team of trustworthy lawyers understands that quickly acquiring evidence and investigating before the negligent party is able to make any changes to the scene is the key to developing a case. It is also worth noting that in cases involving semi-truck accidents and malfunctioning brakes, multiple parties may be held liable for the damage you have suffered.

What the Government Says

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World Health Day is coming up on April 7th this year. At the Cardone Law Firm, we believe it is the perfect time to educate people about TBIs (traumatic brain injuries) as more and more people head outside to enjoy the warmer weather and participate in spring sports.

The Center for Disease Control and Prevention (CDC) estimates that 2.8 million cases of TBIs are reported each year. This statistic is even more worrisome when you consider how many of that number are children. According to the CDC, the number of sports- and recreation-related injuries involving a TBI more than doubled from 2001 to 2012 among children ages 0-19.

If you or a loved one has been affected by a TBI, rest assured you don’t have to recover from it alone. The TBI lawyers at the Cardone Law Firm have the experience and resources to help you determine whether you are entitled to compensation for your injury. New Orleans lawyers Hannah Salter and Cliff Cardone of the Cardone Law Firm know that being the victim of a TBI causes severe stress as you deal with immediate pain, begin recovery, and look ahead at potential long-term consequences.

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It is estimated that in the United States more than 5 million people are living with a permanent disability caused by traumatic brain injury. That number doesn’t include the 2.8 million cases reported each year by the Centers for Disease Control and Prevention. Sadly, many of these individuals do not find the medical care and support they need to gain back control of their lives.

Traumatic brain injuries (TBIs) are as catastrophic as broken bones, spinal cord injuries, or amputations and can leave profound effects on the physical, psychological, and social well-being of the victim.

Your New Orleans traumatic brain injury attorneys at the Cardone Law Firm recognize that there is a lot of false information spread about TBIs. Whether it is misguided family members or uninformed friends offering you advice, it is always in the best interest to take a TBI seriously. If you or a loved one has suffered a traumatic brain injury, please seek medical attention immediately.

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You’ve survived a near head-on collision with an 18-wheeler but you swerved into the median barrier. You walk away from this commercial truck accident with what appears to be only minor scratches and bruises but a few days later you notice a sharp and sudden pain in your neck.

You visit a doctor and are diagnosed with a disc tear, and now the trucking company the other driver works for isn’t even returning your calls. What do you do?

What you need is representation and not just any personal injury lawyer will do. When you’re looking for a dedicated, trustworthy personal injury and car accident lawyer in New Orleans, look no further than the Cardone Law Firm. Our dependable team has the experience and knowledge necessary to get you the recovery you need.

mardi grasThis time of year is, obviously, an extremely festive one in New Orleans and around Louisiana. Along with all of the happiness and revelry, however, will also come some misfortune and injuries. In some cases, the injuries may be a result of insufficient precautions. When that happens, you may be entitled to compensation from those who didn’t take those reasonable precautions. For answers and representation in these and other kinds of injury situations, talk to a skilled Louisiana premises liability lawyer.

A recent case from Terrebonne Parish presents an unfortunate picture of revelry that got out of hand. Albert, a sheriff’s deputy for Terrebonne Parish, accepted a job working security at a pool party put on after Houma Carnival and hosted by one of the parade’s most well-known krewes. At the party, alcohol allegedly flowed freely, which was probably not a surprise to the deputy. However, at one point during the wild party, as a fight broke out, and Albert attempted to intervene and break it up, members of the krewe turned on him and attacked him, according to his complaint. Albert suffered a concussion and other serious injuries, the Houma Times reported.

Albert sued the club. In many situations, an entity like a Carnival or Mardi Gras krewe cannot be held legally liable for the acts of third parties. There are certain situations, though, in which a group might become liable based upon acts that made it independently negligent (and to blame) for the injuries that occurred. That was what Albert’s lawsuit argued. His legal brief asserted that “the krewe’s complete and total lack of effort in attempting to monitor and or control the distribution and consumption of alcohol at its pool party, coupled with its historical and actual attitude of encouraging wild and anything-goes krewe gatherings,” made it negligent. According to the Times, the brief also asserted that the krewe member in charge specifically “fostered the crowd’s belligerent attitude of a wild west brawl.”