Filing Claims

October 22, 2021

Insurance Commissioner Announces New Hurricane Ida Mediation Program

It has been nearly two months since Hurricane Ida swept through southeast Louisiana leaving homeowners and business owners devastated. By now, many individuals have filed a claim with their insurance company to begin to recover for any losses.

As previously mentioned, homeowners typically have 180 days to file an insurance claim after a hurricane, unless the deadline is extended. Once submitted, the insurance company will review your claim and either deny or approve your claim. However, you may want to contact an attorney to protect your rights in the event that a disagreement arises between you and the insurance company. Disputes often arise between policy holders and the insurance company when a claim is denied, payments are being delayed, or the damages were undervalued and underpaid.

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 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.

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 26, 2019

Slip-and-Fall or Trip-and-Fall Accident Cases and ‘Constructive Notice’ in Louisiana

by Cardone Law Firm

Everyone has an expectation that the property will be safe when they go inside a store, whether it’s a small market or a big-box superstore. That means floors should be free of slip and fall hazards and aisles void of trip and fall hazards, among other things. Unfortunately, that doesn’t always happen. When you’re hurt in a slip-and-fall or trip-and-fall accident on a merchant’s property, there are certain things you must do as part of your Louisiana lawsuit. To make sure you are putting together the right case to get you the successful outcome you seek, be sure to reach out to an experienced New Orleans injury attorney.

Whether your slip-and-fall incident is a merchant liability case or one against a private property owner, you must show that the property owner had actual notice of the hazard or else had “constructive notice.” Constructive notice means that the dangerous condition existed for a long enough period of time that the property owner would have known about it if it “exercised reasonable care.”

July 24, 2019

Getting the Evidence in Your Staircase Slip-and-Fall Case in Louisiana

by Cardone Law Firm

When you are injured in a trip-and-fall or slip-and-fall accident on the premises of a commercial building, you may have various options. Your legal claim for damages may properly seek compensation from the building’s owner, or perhaps against a tenant. The key is to determine who legally “controlled” the area where you were injured and to target that party (or parties) in your legal action. To make sure your case in handled with optimal efficiency and effectiveness, be sure to retain the services of an experienced New Orleans injury attorney.

Recently, a woman was injured while exiting a commercial building in New Orleans. E.C. was leaving the building when she stepped onto a set of cement stairs and fell. The staircase did not have a handrail. E.C. suffered serious injuries, including multiple disc herniations, left knee strain and nerve damage. The injured woman pursued the owner of the building in her lawsuit.

July 16, 2019

Win Your Louisiana Premises Liability Case by Overcoming an ‘Open and Obvious’ Argument

by Cardone Law Firm

You may not immediately be familiar with the phrase “premises liability,” but you probably are familiar with many of the types of accidents that relate to premises liability. These cases often involve trip-and-fall or slip-and-fall accidents. While these accidents may seem relatively minor, they have the potential to inflict serious and long-lasting damage. If you’ve been hurt in a trip-and-fall or slip-and-fall, the property owner may try to defend itself by arguing that the hazard was obvious and that you should have seen and avoided it. Succeeding in your case will involve not only providing sufficient evidence of your case but also defeating the defenses offered by the property owner. For help and guidance in clearing these and other hurdles in your premises liability case, talk to a skilled Louisiana premises liability lawyer.

One example of an injured person who overcame an “open and obvious” defense was Raymond, a plumber who, in December 2013, was doing work on a new home under construction in Metairie. While at the job site, the plumber fell from a landing of a staircase leading to the second floor of the house, suffering serious injuries in the fall. The plumber sued the homeowner and the homeowner’s insurance company for the damages he had suffered. The plumber’s lawsuit contended that the landing lacked a stair railing and that the absence of that railing was what caused him to fall and become injured.

July 15, 2019

Procedure Matters, and It Can Be the Difference Between Success and Failure in Your Louisiana Injury Case

by Cardone Law Firm

When it comes personal injury scenarios, most people will focus heavily on the factual aspects of the case – who did what to whom, who failed to do something that they should have, etc. These issues are, without question, important ones. However, when it comes to achieving success in a personal injury litigation matter, there’s much more than just that. If you want to succeed and get the compensation you need, it requires following all of the right procedures, too. This is one area among many where representation from a skilled Louisiana injury attorney can be invaluable.

A few months ago, the Court of Appeal ruled on the case of K.B. K.B. had some things going against him in the late summer of 2015. For one thing, he was locked up in the Lafayette Parish Correction Center. For another thing, his cell allegedly was near an area of leaky plumbing that caused water to seep into his cell floor. On two different occasions, one on August 31 and one on September 17, K.B. allegedly slipped and fell on the wet floor in his cell.

June 25, 2019

I Was Aboard an Elevator that Crashed Down Many Floors. What Legal Options Do I Have in Louisiana?

by Cardone Law Firm

Elevator accidents can cause a lot of different injuries. Not all of them are physical, but any of them (physical or mental) can potentially be compensable with the right evidence.

Given the number of web pages dedicated to interpreting them, dreams about being inside a falling elevator are not uncommon. For most people, such a dream would certainly fall inside the definition of a “nightmare.” For an unfortunate few, however, these nightmarish events are no dream; they are all too real. When they happen, they have the potential to inflict a variety of injuries. Even if you suffer no physical damage, you may still be left with severe and lasting emotional scars from your elevator accident. If that happens to you, be sure to contact a knowledgeable Louisiana injury attorney about your accident.