Articles Posted in Personal Injury

wet floorSlip-and-fall and trip-and-fall accidents in Louisiana are, in some ways, somewhat similar to those types of cases in other states. In order to obtain compensation for your injuries, you need proof that the person or entity you’ve sued either caused the problem, knew about the problem (and did not act), or reasonably should have known about the problem (and did not act). Getting the evidence you need to succeed in your case is vitally important because a slip-and-fall or trip-and-fall injury can be serious and can have life-altering effects on you. To make sure that you are amassing the proof you need, be sure you have retained the services of a knowledgeable New Orleans premises liability attorney.

One nearby slip-and-fall case that demonstrates what it takes, in terms of proof, was the lawsuit filed by D.F. D.F. was a shopper in a supermarket in Mandeville when she slipped in Aisle 12 on a clear liquid substance, suffering injuries as a result. When you go to a store, you probably presume that the store you’ve entered is safe for shoppers in all relevant areas. Unfortunately, that isn’t always the case.

Legal News GavelIn many personal injury actions, expert witness evidence can be an essential part of your case. The difference between getting your experts in and having them excluded may make the difference between success and defeat. This is one of many places in which seasoned New Orleans injury counsel can help you put together a strong and persuasive case by helping you ensure that your expert witness evidence gets in front of your jury.

An example of what is (and is not) required in order to get expert opinion evidence admitted was on display in the case of Blake and Courtney. The pair were a couple who had a termite problem in their home. They retained the services of a pest company to deal with their termite problem. After the company treated the home for termites, the couple and their children allegedly began experiencing headaches, nausea, dizziness, and confusion.

cardonelawfirmhealthinsurance-300x200Many people who are involved in auto accidents wonder how their health insurance may come into play if they need treatment, or, if they used their health insurance to pay for treatment relating to an auto accident what will happen to their medical bills. This blog entry will also discuss other avenues available under your auto insurance policy to recoup expenses paid toward medical bills relating to an auto accident. This blog entry is written by attorney Hannah Salter at the Cardone Law Firm. The purpose of this blog entry is to explain some of the basics relating to health insurance and auto accidents and the current state of affairs as they stand in Louisiana today.

AUTO INSURANCE – MEDICAL PAYMENTS COVERAGE

Legal News GavelWhen you go to court in a personal injury lawsuit, you want to make sure you’re giving yourself every chance to obtain a successful outcome. Getting to that point may involve employing many different resources, including the use of an expert witness to provide opinion evidence that further strengthens your case. Whether your case needs an expert and, if so, which kind of expert is needed may be profoundly important questions. By retaining an experienced New Orleans premises liability attorney, you can get the knowledgeable answers you need to these and other questions as you navigate the legal process.

One recent premises liability case from the federal Eastern District of Louisiana (Case Number 2:16-cv-00383) provided a useful example of what you do (and don’t need) from an expert witness. The injured plaintiff, Tobie, was headed to a post office in Metairie when her accident happened. She slipped and fell on the sidewalk, suffering substantial injuries as a result. In fact, the fall was so bad it caused her to suffer a herniated disc, a concussion, and a tear in her shoulder that required surgery to address, according to a Louisiana Record report. These injuries led her to file a federal lawsuit to obtain compensation for her harm.

Legal News GavelAchieving 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.

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.

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.

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.

CardoneTBIAprilSportsMonth
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.

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.