Damages

October 14, 2022

Will a Pre-Existing Condition Affect your Louisiana Personal Injury Claim?

If you were involved in an accident and were already dealing with a pre-existing injury, you may be wondering how that previous injury will impact your new claim. While having a pre-existing condition does not bar a car accident victim from recovery, it could present challenges when it comes to proving your injuries and value of your claim. Insurance companies will often use this as a tactic to deny fair compensation or claim the motor vehicle accident did not cause the injury. So, it is crucial to contact an attorney immediately to guide you through the process.

Simply put, a pre-existing condition is a health condition that an injured person already had before a new accident occurred. The likelihood of someone suffering from a pre-existing condition is high, especially as you age. However, this should not keep personal injury victims from being properly compensated. Although the insurance company may want an injured party to believe otherwise, a squeaky-clean bill of health is not necessary to prove your injuries. If you suffer from a pre-existing injury, it is important to prove that the accident worsened that injury rather than caused it.

November 17, 2021

Receiving Compensation for Emotional Distress and Loss of Enjoyment of Life After an Accident

by Cardone Law Firm

An individual’s quality of life can be greatly affected in an instant. After an accident, most people are primarily concerned with apparent physical injuries and property damage. But once the dust settles, emotional suffering can begin to greatly impact the victim’s life.

Not only may the victim experience physical pain, but he or she may also suffer mentally. A victim’s mental pain and suffering after an accident is less about the physical pain from the injuries, and more about the mental and emotional anguish that is caused by the injuries and the accident. In fact, emotional distress is very common following an accident. It can negatively impact the victim’s daily activities and routine. If the trauma is severe enough, it may require treatment from a psychologist or therapist.

October 15, 2021

Important Deadlines For Hurricane Claims

by Cardone Law Firm

Once a storm passes and the sky begins to settle, reality kicks in. Many people are left with destruction and just want to get their lives back on track again. This usually means that individuals must start reaching out to their insurance company and file a claim for damages. So, what are the time limits to be mindful of when dealing with hurricane damage claims?

Generally, if an individual is unable to come to an agreement with their insurance company to cover their losses after a catastrophic event like Hurricane Ida, he or she has the right to file a lawsuit. According to La. R.S. 22:868(B), the lawsuit must be initiated within 24 months after the date of loss . Even if the matter is still in dispute with the insurance company, the lawsuit must be filed within two years from the date of damage.

September 24, 2021

Accident With A Delivery Driver? Here’s What To Do

by Cardone Law Firm

Online shopping and the use of delivery services has become a common practice by millions of Americans. The ability to shop online is saving shoppers time, money, and the stress of dealing with crowded retail stores. The roads are filled with delivery trucks like UPS, FedEx, DHL and Amazon Prime. With this becoming the new norm, the number of commercial delivery trucks on the road has significantly increased.

Naturally, the more delivery trucks on the road, the higher the chance of one of them being involved an accident. Some of the leading causes of delivery truck accidents include:

September 17, 2021

Beware of Hurricane Ida Scams

by Cardone Law Firm

As if rebuilding and recovering after a natural disaster is not difficult enough, individuals must also beware of scammers looking to capitalize off of Hurricane Ida. Unfortunately, opportunists are looking for any way to take advantage of vulnerable people devastated by the storm. The biggest types of scams to watch out for are disaster charity relief scams, insurance scams, and FEMA imposters.

Disaster Charity Relief Scams. Whenever Americans see devastation in the U.S., many people feel inspired to help in any way that they can. Often times this includes donating money or supplies to hurricane relief organizations. However, fraudsters are always ready to take advantage of those giving back.

September 10, 2021

Will FEMA Pay for Any Uncovered Portion of your Homeowner’s Claim?

by Cardone Law Firm

On August 29, 2021, Hurricane Ida ripped through southeast Louisiana as a Category 4 storm causing mass destruction and leaving communities completely devastated. Ida’s powerful winds and heavy rain resulted in many Louisianians being left without power, water, and even homes.

After such a devastating storm like Hurricane Ida, Louisiana residents are eager to start rebuilding and resume normal life. Homeowners who carry private insurance should first file a claim with their insurance company for any disaster-caused damage.

August 13, 2021

Understnding Louisiana’s Tort Reform

by Cardone Law Firm

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.

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?

July 24, 2019

How a ‘Smushed Grape’ Caused a Slip-and-Fall Injury

by Cardone Law Firm

Sometimes, you may have some – but not all – of the information you need about a legal matter. Say, for example, you are injured during a slip and fall at a business because a spill was left on the floor. You may know that this spill potentially makes the business liable for your injuries. However, how long must the spill have been on the floor in order for you to win your case? What types of evidence do you need to demonstrate that the spill was there long enough? These and other things may, quite reasonably, be outside the scope of your knowledge. That’s why, if you’ve experienced a slip-and-fall injury, you should equip yourself and your case with the knowledge provided by a skilled New Orleans injury attorney.

A recent case from here in New Orleans involved actual facts similar to the hypothetical ones above. A guest at a New Orleans casino slipped, fell and got hurt crossing a walkway. She allegedly slipped because she stepped on some food on the floor. According to the guest, she was in the process of leaving the casino and was passing through a dimly lit area between a restaurant and a lounge when she slipped. Allegedly, a casino employee told her she slipped on a “smushed grape.”

July 15, 2019

How Jury Misconduct May Allow You to Obtain a New Trial in Your Louisiana Auto Accident Injury Case

by Cardone Law Firm

You went to trial… and you lost. But then, after the verdict, you find out there was jury misconduct. What do you do? What can you do?

Sometimes, cases are clear-cut. In fact, sometimes, the defense may even admit liability. Other times, however, each side will strongly present almost diametrically opposed descriptions of the underlying facts, and leave it in the jury’s hands to decide which side is more credible. In any injury case, but especially if your case falls into that latter category, you need to make sure that your outcome is decided by a jury free of prejudicial misconduct. If jury misconduct does happen, you need to know how to handle it. In other words, no matter what comes you way, you need to make sure that you have experienced New Orleans personal injury counsel on your side to handle your auto accident case.