Articles Tagged with Filing Claims

accident_report-300x200Everyone 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.”

Staircase_accident-300x199When 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.

premises_liability-300x200You 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.

Procedure_matters-300x200

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.

Elevator-keypad-300x200Elevator 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.

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.

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.