Louisiana Injury Lawyers Blog

August 13, 2021

Understnding Louisiana’s Tort Reform

Last year, Louisiana legislators pushed for one of the State’s biggest tort reform packages since the 1990s in hopes of lowering automobile insurance rates and encouraging out of court settlements. The Civil Justice Reform Act of 2020 (CJRA) was signed into law on July 13, 2020 and became effective on January 1, 2021. These changes are not retroactive and will only apply to any cause of action arising on or after January 1, 2021. The most significant changes include:

Amount in Controversy for Jury Trials. For many decades, jury trials were only available in cases where the amount in controversy exceeded $50,000. In the district court, the threshold has been reduced to $10,000, exclusive of interest and costs. The party seeking a trial by jury is required to post a $5,000 jury bond within 60 days of filing a jury demand. If a party files a jury demand but fails to timely post the bond, then right to a jury is waived. Although the CJRA did not change the jurisdictional limits of city or parish courts, it allows a defendant to seek a transfer to the district court to obtain the right to a trial by jury when the amount in controversy is more than $10,000 and the transfer is made timely.

May 21, 2021

The Dangers of Pothole Accidents In Louisiana

by Cardone Law Firm

Louisiana road conditions are ranked among some of the worst in the United States. This is especially true in New Orleans, where potholes are nearly unavoidable. A ride through the city can be very bumpy, and it may ultimately put a dent in your wallet.

Flat tires, rim damage, punctured exhaust pipes, broken axles, alignment problems and other damage to the body of the vehicle are just a few ways in which hitting a pothole can damage your automobile. A study done by the American Automobile Association revealed that potholes cost American drivers roughly $3 billion in vehicle repairs annually.

May 7, 2021

The Importance of Getting An MRI After An Auto Accident

by Cardone Law Firm

Between traveling to and from work, running errands, taking road trips, and shuffling the kids around, we spend more time in our vehicle than we may realize. Because of this, motor vehicle accidents are one of the most common causes of injuries in the United States.

If you are lucky, you may walk away from the accident with just some scrapes and bruises. But some symptoms may be delayed. For the first few days or weeks, you may not be in any pain at all. However, this does not mean you were not seriously injured. Once the adrenaline has worn off and time has passed, hidden injuries may become noticeable. Because delayed injuries can be dangerous, it is always important to see a physician as soon as possible after an accident.

April 23, 2021

Louisiana Supreme Court Invalidates “Regular Use” Exclusion

by Cardone Law Firm

In Louisiana, uninsured/ underinsured motorist insurance (UM/ UIM) follows the person, not the vehicle. So, if you have UM/ UIM coverage and are involved in a motor vehicle accident where the at fault driver is not insured, you will be covered even if you are not in your own vehicle, or any vehicle at all! But, there may be an exclusion in your UM/ UIM policy which could limit your insurance company’s liability.

The “regular use” exclusion contained in many policies excludes an insurance company from liability when an insured driver uses another vehicle they do not own and is not named on their policy, but which they use regularly. The term “regular use” may apply to a vehicle provided to you by your employer for regular transportation to and from work and for everyday work duties.

April 9, 2021

Balance Billing: Understanding a Surprise Bill From Your Provider After a Doctor’s Visit

by Cardone Law Firm

There are very few individuals who can afford their healthcare entirely out of pocket. This is why a majority of people utilize health insurance which pays for most of the care. If your medical provider is an in-network provider and accepts the insurance you carry, you are guaranteed to be paying much less than if you were not covered.

But what happens when you receive a bill in the mail for services that you believed were covered by your insurance? This typically occurs when you have a motor vehicle accident and go to your family doctor using your health insurance to pay for the visit. Your health insurance company pays for most of your care, but then the doctor sends you a bill for the uncovered portion. Is that legal?

March 26, 2021

Can Your Employer Require You To Get the COVID-19 Vaccine?

by Cardone Law Firm

March 19, 2021

Why Women Are At a Greater Risk of Injury In a Car Accident

by Cardone Law Firm

In an instant, you or a loved one may find themselves in the unfortunate situation of being involved in an automobile accident. But, did you know that women are more likely to be injured or killed as a result of these accidents.

A new study done by the Insurance Institute for Highway Safety (IIHS) found that women are much more likely to suffer a serious injury in a car accident than men. While men are involved in more deadly crashes than women, women are 20-28 percent more likely to be killed on a per- crash basis. They are also 37-73 percent more likely to be seriously injured after speed and other considerations are factored in.

February 26, 2021

Mardi Gras Madness: A Look Into Krewe and Float Builder Liability

by Cardone Law Firm

Each year, Mardi Gras attracts millions of visitors to the Big Easy. It is one of the city’s largest holidays and generates millions of dollars for New Orleans. But, with the massive crowds, rowdy celebrations, and significant alcohol consumption, an accident seems almost inevitable.

So, what happens if you are involved in an accident during the course of a parade?

February 19, 2021

Why You Should Hire an Attorney After an Auto Accident

by Cardone Law Firm

It can feel overwhelming dealing with the insurance company after an accident. But, the first step in receiving compensation after an accident is to file a claim with the insurance company, so communicating with them is inevitable.

After carefully reviewing your claim, the adjuster assigned to your case will then pay out your claim or deny it. If your claim is denied, there are many reasons why the insurance company did so, which may include:

January 29, 2021

Obtaining Lost Wages After an Accident in Louisiana

by Cardone Law Firm

Imagine one minute you are on your way home from work or just running some errands, and the next thing you know you hear a crashing sound and feel yourself being forcefully flung around in your vehicle.

After an accident, you may be suffering from a devastating injury that can render you unable to return to work for a couple weeks, months, years, or worst of all, forever. Lost wages, loss of earning capacity and outrageous medical expenses can leave you and your family in a terrible financial situation.