Louisiana Injury Lawyers Blog

July 13, 2019

How to Pursue Your Elevator Injury Case in Louisiana

Each different type of injury case brings with it different facts and different nuances of the law. Generally, an injury case requires you, as the injured person, to prove that the defendant’s misconduct was the legal cause of your injury. Certain types of injury cases that involve claims of negligence may allow you to establish causation using an argument that goes by the Latin words “res ipsa loquitur.” While almost any layperson has never heard of this Latin phrase, it is a very familiar one to any skilled injury attorney. This is just one more example of how your case can derive vital benefits when you retain the services of knowledgeable Louisiana premises liability counsel.

This “res ipsa loquitur” doctrine within the law can come up in certain elevator accident cases. Recently, the state courts in New Jersey found themselves faced with the case of Maureen, a resident of a condominium complex in Hackensack. While she was either entering or exiting the elevator in her building, the doors allegedly closed prematurely and knocked her to the ground, injuring her.

July 13, 2019

Woman Sues for High-Rise Hotel Elevator Injuries

by Cardone Law Firm

In an elevator accident/injury situation, the person who has been injured may have a valid claim for compensation. In order to succeed in that claim, though, the injured passenger will need to prove numerous different elements. Establishing that may necessitate bringing together significant and varied types of evidence. It definitely requires an in-depth understanding of the law. That’s why, if you are pursuing an injury case, your case needs skilled Louisiana premises liability counsel.

The Louisiana Record recently reported on one elevator incident that triggered litigation. The incident involved a woman named Tywanda, who was visiting the Sheraton New Orleans Hotel in August 2017. According to the woman’s lawsuit, she was in the hotel elevator, on the 45th floor, when the elevator dropped suddenly and unexpectedly. This sudden drop allegedly caused Tywanda to suffer both physical and emotional injuries.

July 12, 2019

The Ways in Which You Can Recover Damages for Your Louisiana Parking Lot Injury

by Cardone Law Firm

Many of us know the dangers of traveling streets or roads as a pedestrian. Pedestrians can be easily overlooked and, if struck, have the least amount of protection. However, one does not need to be walking on a major road to be in danger of harm while on foot. Even a trip to the local home improvement store can carry these risks. Whether your accident was along a major road or happened inside a store parking lot, it is important to be sure you know how to get all the information and assess all the facts. Sometimes, you may find that there are more people and/or entities who are liable to you than otherwise might have believed. To get the clearest picture of all of your options in the legal system, reach out to a skilled Louisiana injury attorney right away.

Take, for instance, the case of B.M. B.M. was a man who was visiting an Alexandria big-box home improvement store in October 2015. As B.M. exited the store, another customer, L.C., backed up and struck B.M. with his Chevy Silverado pickup truck.

July 12, 2019

I Filed My Louisiana Lawsuit and Got it Served on the Other Side, But They Did Nothing in Response. Now What Do I Do?

by Cardone Law Firm

The above question is not an unreasonable one. It’s one among many circumstances that illustrate how many different challenges or unique things can happen in your Louisiana injury case. Many of these may be things for which you are unprepared or, at least, are not equipped (in terms of legal knowledge) to utilize to your maximum advantage. So, if you have sued and the party who injured you filed his pleadings too late, or did not file anything at all, there may be ways to obtain a judgment in your favor without the other side’s participation and without requiring a full trial. For the advice and representation you need when unusual things like this happen, be sure you’re equipped with a skilled Louisiana injury attorney on your side.

When the other side does not respond in a timely manner or doesn’t respond at all to your lawsuit filing, you can choose from several different options. One of these is called a default judgment. A default judgment is a judgment ordered by the court in which the judge says that you filed your lawsuit properly, that you laid out all of the required elements of the claims you asserted, that the other side did not respond, and that you are entitled to a judgment in your favor on all claims as a result. This kind of judgment is just as binding as if you went through a full trial and received a jury verdict in your favor.

July 11, 2019

Taking on the Insurance Companies to Get the Payment You Deserve in Your Louisiana Auto Accident Injury Case

by Cardone Law Firm

Auto accidents that cause injuries happen every day around Louisiana. With many of kinds of injury accidents, and auto accident lawsuits, there’s a common thread to them: insurance. In many accidents, getting a full and fair recovery (or, at least, a fuller and fairer recovery than you often could obtain from the defendant driver him/herself) is predicated on your ability to hold an insurance company legally responsible for paying. Insurers, of course, often seek to avoid paying claims in certain circumstances. To that end, insurers will often fight aggressively to avoid assuming responsibility for an accident and paying claims based upon it. That is one reason, among numerous others, why you need diligent and determined Louisiana injury counsel, who can fight effectively for you to get the payment you deserve.

Here’s an example from a case decision recently announced by the appeals court: B.M. and C.W. were involved in an auto accident on Feb. 27, 2016. The other driver, who was behind the wheel of a Lincoln Town Car, was at fault in the accident and the accident caused B.M. and C.W. to suffer damages, so they sued.

July 11, 2019

Managing Your Louisiana Auto Accident Case When You Want to Settle With Some Defendants and Litigate Against Others

by Cardone Law Firm

I’ve been injured in an auto accident by a delivery driver driving a car belonging to another person. What is the best way to proceed with my case?

In modern slang or metaphorical language, the phrase “lots of moving parts” or “a lot of moving parts” is considered to be an alternate way of saying that something is complex or has numerous working pieces to manage. Many times, your Louisiana auto accident case can be something that has lots of moving parts. There is the identification of the proper defendants, including possibly the driver, the driver’s employer, the vehicle’s owner and one or more insurance companies. There’s the pre-trial discovery process and the collection of evidence. There’s decision-making like whether to settle or to take the case to a jury verdict. These, of course, are just to name a few.

July 10, 2019

How a Wise Procedural Move Allowed One Louisiana Pedestrian to Maintain Her Pursuit of an Award of Injury Damages

by Cardone Law Firm

When you’ve been injured in a vehicle accident, whether you’re a pedestrian, driver, passenger or cyclist, you may have certain legal options available to you. You may know that you can go to court and sue the driver who crashed into you. But, you may not know that there’s often more to a completely successful result than that. There may be procedural maneuvers that an experienced attorney will know to make to protect your interests that you, as a non-lawyer, would not reasonably be expected to know about. In other words, your auto accident injury case is too important to leave anything to risk, so be sure you have a skilled Louisiana injury attorney advocating for you.

A case highlighting this truth was the negligence action pursued by W.B., who was a pedestrian injured in Jefferson Parish. According to her lawsuit, she was standing behind her vehicle when A.G. crashed into W.B.’s vehicle with her vehicle, causing W.B. to suffer substantial injuries.

July 10, 2019

Someone Pulled Out in Front of Me and Caused My Louisiana Injury Accident. How Do I Make Sure He is Held 100% Responsible for My Damages?

by Cardone Law Firm

Sometimes you are injured in a crash through absolutely no fault of your own. Another driver does something ill-advised and negligent, and there is nothing you can do to avoid the collision. When that happens, you’ll probably want to seek compensation in court and you’ll likely argue that the other driver was 100% at fault and 100% liable for your damages.

In a case like that, the defendant driver and/or their auto insurance company may argue that you, the injured plaintiff, were actually to blame for the accident, at least in part. All drivers in Louisiana are required to drive at a safe speed, keep a proper lookout and keep their vehicles under control at all times. A defendant driver may try to claim, in an effort to reduce their damages (or avoid them entirely,) that you failed to do one or more of those required things. When that happens, you need an experienced Louisiana injury attorney to help you defeat those arguments.

July 9, 2019

Fatal Head-On Crash in Ascension Parish Leaves One Man Dead

by Cardone Law Firm

Roughly half-way between New Orleans and Baton Rouge, a mid-March accident claimed the life of one Louisiana man. That man, a 54-year-old from Holden, left behind a fiancée, a mother, two siblings and many nieces and nephews. He was killed by a driver whom police believed to be driving while intoxicated. Certainly, a DWI that causes injury or death usually will be a criminal matter. However, if you were injured (or a loved one killed) by an intoxicated driver, what you and your family may need is often much more than just the closure that comes from an intoxicated driver’s criminal punishment.

The law gives people injured (and the loved ones of people killed) by intoxicated drivers the ability to seek compensation in criminal court. To get the answers you need and to find how best to go about pursuing your legal options, be sure to reach out promptly to a skilled Louisiana injury attorney.

July 9, 2019

The Terrible Toll ‘Road Rage’ Driving Has Taken Here in Louisiana

by Cardone Law Firm

Road rage and aggressive driving are problems everywhere. When drivers give in to this urge, terribly bad things can (and often do) happen. The Pelican State has seen many road rage tragedies, including the deaths of two NFL players with New Orleans-area ties (Will Smith and Joe McKnight.)

This spring, the Louisiana Supreme Court will hear arguments in one of the more horrifying road-rage accidents of recent years. In the case, two drivers were allegedly engaged in a game of road-rage-motivated “cat and mouse” along westbound Interstate 10 near Baton Rouge. The encounter ended with the vehicles bumping into each other. One vehicle, a pickup truck, spun out of control, crossed a median and slammed into a sedan in the eastbound lanes. The sedan caught fire, killing a mother, her three young sons and the woman’s teenage co-worker, The Advocate reported.