Personal Injury

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 15, 2019

Procedure Matters, and It Can Be the Difference Between Success and Failure in Your Louisiana Injury Case

by Cardone Law Firm

When it comes personal injury scenarios, most people will focus heavily on the factual aspects of the case – who did what to whom, who failed to do something that they should have, etc. These issues are, without question, important ones. However, when it comes to achieving success in a personal injury litigation matter, there’s much more than just that. If you want to succeed and get the compensation you need, it requires following all of the right procedures, too. This is one area among many where representation from a skilled Louisiana injury attorney can be invaluable.

A few months ago, the Court of Appeal ruled on the case of K.B. K.B. had some things going against him in the late summer of 2015. For one thing, he was locked up in the Lafayette Parish Correction Center. For another thing, his cell allegedly was near an area of leaky plumbing that caused water to seep into his cell floor. On two different occasions, one on August 31 and one on September 17, K.B. allegedly slipped and fell on the wet floor in his cell.

July 3, 2019

How to Achieve a Successful Result in Your Louisiana ‘Falling Merchandise’ Case Against a Shop or Store

by Cardone Law Firm

Imagine it: you’re walking down an aisle in a store when, from nowhere, an object from above crashes down and slams into you, causing you serious harm. At that point, you’re probably wondering, “What do I do and where do I turn now?”

You undeniably know you’re hurt and know that you need compensation to cover things like medical expenses and the time you miss from work, but do you know how to go about getting it? Do you know how your case is similar to, but also different from, tackling a slip-and-fall or trip-and-fall case? Probably not, as these are detailed and nuanced areas of law that even most educated and sophisticated non-lawyers reasonably don’t know. Your experienced Louisiana injury attorney, however, will know exactly how to guide you through the process of pursuing your falling merchandise case.

May 22, 2019

Causeway Officer Saves Two Lives

by Cardone Law Firm

Since the tender age of 12, local police officer Christian Coyle knew it was his mission to save lives.

In 2005, Officer Coyle was riding with his father across the Causeway when their vehicle suffered a flat. An impaired driver would end up rear-ending their vehicle. While Christian survived the accident, his father, unfortunately, did not.

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 28, 2018

How a Property Owner’s Security Failure May Give You a Winning Edge

by Cardone Law Firm

Not everyone who is hurt in an accident has a personal injury claim. In order to have a successful case, you need several things. Among them, you need evidence that the accident caused your injuries. You also need to shows that the defendant you sued had a “duty,” or legal obligation that it failed to do or failed to do sufficiently.

There are some things that a property always has a duty to do, such as correcting, or warning about, dangerous conditions on the property. There are other things that a property owner does not automatically have a legal obligation to do, but a duty can arise if the person/entity attempted but was negligent in the attempt. This called “assuming the duty” and it possibly can help you in your premises liability case. As always, be sure to consult an experienced New Orleans injury attorney about the specifics of your situation and the options available to you.

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.

September 10, 2018

Court Decides Supermarket Shopper Had Enough Evidence to Proceed with Her Slip-and-Fall Case

by Cardone Law Firm

Photo Credit: Paul Biryukov / Shutterstock.com

Slip-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.

June 25, 2018

Getting Your Expert Witnesses’ Opinion Evidence Admitted in Your Louisiana Personal Injury Trial

by Cardone Law Firm

In 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.

June 21, 2018

Health Insurance and Your Auto Accident – How to Make Sure You Get Your Medical Bills Paid With Health Insurance and Medical Payments Coverage

by Cardone Law Firm

Many 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. 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