Louisiana Injury Lawyers Blog

March 26, 2013

Understanding Louisiana Uninsured Motorist Insurance

As of 2010, current law in Louisiana requires drivers to maintain insurance coverage for Bodily Injury Liability. The minimum amount is $15,000 per injured party, $30,000 per accident (more than one person injured in the accident), and $25,000 for property damage. These minimums may be referred to as “full coverage” even though they are clearly not always capable of covering even minor medical bills. When a party does maintain minimum coverage they may be considered underinsured depending upon the extent of injuries suffered by the victims of his negligence or may be even uninsured entirely.

It is estimated that the rate of uninsured motorists on Louisiana roads is approximately 13%. This number is slightly under the national average of 13.8% but still presents a major threat to uninsured and insured drivers alike.

February 28, 2013

Understanding Compensation for Losses from the BP Oil Spill

by Cardone Law Firm

Many businesses, including yours, may be entitled to compensation from your losses since the BP Oil Spill.

In April 2010, the oil rig ‘Deepwater Horizon’ owned by BP suffered an explosion and subsequently sank, claiming the lives of 11 workers. For the following three months, nearly 5 million barrels of oil gushed from the sea floor. The event is often considered the largest accidental marine oil spill in history. Since the spill, the Gulf coastline has suffered ecologically and economically from Florida to Texas, Louisiana suffering particularly due to its coastal exposure and extensive tourist industry.

February 20, 2013

A Penis Fracture and an Emergency Room Oversight

by Cardone Law Firm

In 2009, the story of the R.I. lawsuit began in his own home when he, engaging in sexual relations, injured his penis. That morning R.I. contacted the nearest emergency room, in Bogalusa, and was advised to go to the St. Tammany Parish Hospital (STPH) immediately. Upon arrival at the hospital, his penile fracture was soon correctly diagnosed by Dr. Susan Craig of STPH.

Penis fractures are the result of a trauma that ruptures or tears the lining of one of the two fabric cylinders within the penis. These cylinders are known as corpus cavernosum and fill with blood during an erection thereby causing the hardening effect. When these are damaged, the person will experience severe pain, bruising, blood in urine, and a partial or complete inability to become erect. Without treatment a penis may become deformed and lead to permanent erectile dysfunction.

February 8, 2013

BP Settlement Funds Available for Businesses

by Cardone Law Firm

The BP rig explosion caused the worst environmental disaster in U, S. history. While the Gulf of Mexico may be back according to most environmentalists, there are thousands of businesses along the Gulf Coast that have not been compensated for their losses.

Now, because of the settlement confected by and between all of the parties to the litigation that has ensued, there is a fund of money set aside to pay for economic business losses and you DON’T even have to prove that the spill caused those losses!! If you can show a drop in gross revenues in 2010 compared to 2011, you may be eligible for money compensation.

February 7, 2013

Cardone Law Firm Helps Resolve New Orleans Nursing Home Negligence Case

by Cardone Law Firm

According to the National Center of Health Statistics there are over 1.5 million people in nursing homes in the United States. The estimate of understaffed nursing homes is approximately 90% according to the U.S. Department of Health and Human Services. There are over 20,000 complaints of abuse, gross neglect and exploitation.

In September 2011, a man was admitted to a local nursing home and was experiencing medical conditions that were potentially life threatening. The nursing home held itself out as a properly staffed, skilled, qualified nursing home and a Medicare/Medicaid Provider.

January 29, 2013

Judge Holds No Liability Limitations in New Orleans Superdome Elevator Accident

by Cardone Law Firm

On December 16, 2007 the Arizona Cardinals were visiting the New Orleans Superdome to battle the New Orleans Saints for a spot in the playoffs. The game was an exciting display of offensive power and ultimately the Saints tied the Cardinals by the half and kept the lead for the win.

After the game, as the crowds dispersed, a group of eight individuals seated in Section 619 boarded an elevator to leave.

December 8, 2012

Motorcycle Accidents

by Cardone Law Firm

There are more than 6 million motorcycles registered in the United States and when you include potential passengers, it hard to ascertain the exact amount of riders traveling in our midst everyday. More motorcycle riders, however, equals more motorcycle accidents and 80% of those crashes injure or kill the rider.

Read more about motorcycle accidents in Louisiana.

December 8, 2012

Jefferson Parish

by Cardone Law Firm

Jefferson Parish, was, in fact, named in honor of Founding Father, Thomas Jefferson. A bronze statue of Jefferson stands at the entrance of the General Government Building in Gretna where all the courtrooms for the 24th Judicial District Court are located, as well as the Justice of the Peace courtroom for the Parish’s 1st District. This tribute stems from Jefferson’s substantial involvement in the purchase of Louisiana Territory from France in 1803 and his push for the passage of the Congressional Act for the Admission of Louisiana’s as a State in the Union. Act of Congress April 8, 1812, c. 50, 2 U.S. Stat. 701.

Interestingly, there was opposition to the passage of the Act and the admission of the Louisiana Territory by Josiah Quincy, a congressman from Boston. Quincy argued that the United States Constitution ‘did not permit the admission of a state on the other side of the Mississippi, a state peopled by a foreign nation, speaking a foreign tongue, and following strange laws and customs;’ as:

December 8, 2012

Who Is At-Fault When an Accident Involves A Left-Turning Vehicle

by Cardone Law Firm

If Driver A tries to pass Driver B while B is making a left turn and a collision results, who is at-fault for the accident? At an intersection with a green light, when Driver B is turning left and collides with oncoming Driver A, who is traveling straight, who is at-fault for that accident? Under Louisiana Law it is Driver B, the left-turning driver, who is presumed to be at fault for both. However, the left-turning driver does have the opportunity to overcome this presumption of fault.

A left-turning driver may only be free from fault when he executed his turn after first ascertaining that the turn can be executed safely and without danger to the normal overtaking or oncoming traffic. Thus, the left-turning driver must always yield to the right-of-way of other vehicles. Accordingly, the left-turning vehicle must properly and timely signal that he is turning left and also check traffic behind him and traffic that is oncoming. Only then can he assert that he is free from fault if there is a collision between him and the passing vehicle. Ponthieu v. Dubroc, 108 So.2d 25 (La. Ct. App. 1958)

October 31, 2012

The Rear-Ending Driver is Not Always At Fault Under Louisiana Law

by Cardone Law Firm

Under Louisiana Law the rear-ending driver is actually only presumed at-fault and has the opportunity to prove that he was free from fault by showing the Court the following:

1) He had his vehicle under control prior to the collision;