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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.

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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.

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Many of us are familiar with the phrase “he said, she said.” This can often refer to a case in family court. Sometimes, an auto accident case can present a similar situation, when there isn’t much evidence, and the testimony of the drivers involved paint two very different pictures. Many times, this type of situation may be challenging for an injured plaintiff to win. That is not always the case, though, if the facts of the case indicate that the injured driver is entitled to the benefit of something called a legal “presumption.” Using various legal concepts like presumptions can be an important part of a successful case. For more information about your case and which presumptions might help you succeed, reach out to a knowledgeable Louisiana truck accident attorney.

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When you are injured in an commercial truck accident in Louisiana, it is extremely important to retain experienced Louisiana truck accident counsel right away, and to pursue your case in a timely and persuasive manner. It is essential to make sure you’ve put your “best foot forward” when you go to trial because, win or lose, it is generally hard to get most trial court verdicts overturned on appeal. One recent case highlights this, with the Louisiana Court of Appeal expressly noting that the plaintiff’s award was “on the high side,” but it was still required to be upheld and enforced.

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Any type of injury case can involve multiple steps (or multiple parties) toward obtaining your successful outcome. There can be motions to compel discovery, motions for default judgment, motions for summary judgment, motions to amend, and many more techniques. All of this may sound very technical, but what it’s meant to show is that, to give yourself the best chance of getting the fullest recovery in your case, it pays to retain experienced New Orleans truck accident attorneys who are knowledgeable in these strategies and more.

An example of this type of case was a straightforward rear-end accident with a truck that still required many types of legal procedural steps. The litigation began when two dump trucks collided in Belle Chasse. Specifically, Michael’s truck rear-ended Carlos’ truck while both drivers were waiting to unload their loads. Michael’s employer’s auto insurance company paid Carlos $8,700 for the damage done to his dump truck by the accident.

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Many times, fatal accidents that involve commercial trucks are of the tractor-trailer-versus-passenger-vehicle variety, but not always. Accidents that occur as a result of negligence committed by trucking companies and truck drivers can sometimes place other truckers in great, and even fatal, peril. Whether you are a commercial trucker or just a passenger in a car, you may suffer extensive or catastrophic damages as a result of a trucker’s negligence, so you need to have a skilled New Orleans injury attorney on your side to make sure you get all the compensation that the facts say you truly deserve.

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While no amount of money can replace the loss of a cherished family member, pursuing and winning a wrongful death and survival lawsuit may be essential for your family. The negligence-caused death of your loved one may have left your family with substantial expenses as well as with a massive loss of income that was previously provided by the deceased. All of these things indicate that an award of damages is appropriate to compensate for these losses, and help keep your family on more solid financial ground. To find out more about how to pursue a winning claim for wrongful death and survival, reach out to a knowledgeable New Orleans injury attorney.

The family of a Concordia Parish man found themselves in litigation due to such a tragic situation. R.S. was a father of four who, in the early fall of 2015, was traveling on U.S. Highway 84 northwest of Baton Rouge. On that trip, he encountered a 18-wheel log truck driven by M.G. The 18-wheeler and R.S.’s pickup crashed head on. The accident killed R.S, his 17-year-old daughter and his 15-year-old son. The driver of the 18-wheeler was later tried and convicted in criminal court for driving while under the influence of drugs.

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car insurance

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Each instance where someone suffers injuries as a result of an auto accident is unique, but there is one thing that is common in many if not most such accidents, and that is the need to interact with one or more insurance companies in order to get compensation for your injuries. Insurance companies, of course, do not desire to pay out any more in claims that they absolutely must, so getting the payment you deserve may involve several steps, including going to court. Whether your pursuit of payment from an auto insurance company requires going all the way to trial or not, getting the payment you deserve from an insurer is often enhanced by having representation from a knowledgeable and diligent New Orleans auto accident attorney.

Sometimes, a case may even involve multiple insurance companies. J.H. was a truck driver for a Lafayette-based transportation and logistics company and was hurt in a 2013 on-the-job auto accident. When you are injured in an auto accident that took place while you were on the clock, your case potentially can be somewhat complex, because it may involve multiple people and entities. Very likely, you will sue the other driver in the accident and perhaps that driver’s auto insurance company. (If that driver was working at the time of the accident, then the legal action may also include that driver’s employer and the employer’s insurance company.) You may additionally need to name your own insurance company in order to obtain payment under your policy’s underinsured/uninsured motorist (“UM”) coverage, and the insurance company of your employer in order to pursue payment under that policy’s UM coverage, as well.

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elevator buttons

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When you think about an elevator accident, the first images that leap to mind may be of an elevator stuck between floors or an elevator car that suddenly plummets several floors. While these types of scenarios can, and do, cause serious injuries, they are not the only kind of elevator incidents that can lead to injuries for which you may be entitled to compensation. If you’ve been hurt in an elevator accident, even if there was no malfunction of the elevator car’s movement at all, you should consult a knowledgeable Louisiana injury attorney about your options.

A very recent lawsuit filing from out of state, reported upon by the Penn Record, is an example of this type of accident. A.T. was a hospital worker whose duties included, among other things, moving a food cart from place to place. One day, as A.T. was trying to move the cart into or out of the elevator, the cart allegedly got stuck in the gap between the elevator car and the basement floor. When cart got stuck, the unexpected and sudden stoppage caused the worker to suffer substantial injuries, including physical pain and suffering, as well as mental anguish, according to A.T.

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car accident

Photo Credit: GUNDAM_Ai / Shutterstock.com

Many types of sports today have an option for a competitor to challenge a ruling made on the field, and to have that ruling analyzed again. Appeals of court rulings are not exactly like that. In the law, a lot of rulings by trial courts are entitled to a certain degree of deference, meaning that many appeals can only be successful (and the underlying ruling overturned) if that lower ruling was clearly unreasonable. What this means for you is that it is of paramount importance to be sure you are putting on your strongest possible presentation and arguments when you appear in the trial court, because it is a lot easier to argue for affirming your successful result than to argue to an appeals court for the reversal of an unsuccessful result in the trial court. To be sure you are making that strongest possible case, be sure you have representation from a skilled Louisiana injury attorney.

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