Articles Tagged with Personal Injury

At Cardone Law Firm, one of our biggest priorities is ensuring our clients are well informed about their specific case and the laws surrounding it. Unfortunately, court T.V. shows and films, as well as well-intentioned friends and families, often spread inaccurate information about how a personal injury claim works.

Our New Orleans car accident and personal injury attorneys want to debunk these myths in order to give you clear-cut insight into how the filing process for personal injury claims works. If you or someone you loved has been involved in a car accident recently, read this for a better understanding on how we can serve you.

Myth #1: You Can File a Claim at Any Time in the State of Louisiana

TBI
Every year, 2.5 million people in the U.S. suffer from the awful effects of traumatic brain injury (TBI). Whether it is a mild blow or severe impact to the head, the consequences of TBI can be destructive to your physical and mental health.

In the face of such a terrible hardship, who will you turn to for guidance? Who will serve as your advocate?

These types of suits are very demanding, requiring specialized skill and attention. Luckily, the Cardone Law Firm has successfully handled a wide variety of TBI cases for clients of all ages. Our New Orleans personal injury lawyers are committed to providing the best legal support while you recover from your serious and potentially lifelong symptoms that come along with brain injuries.

Concussions
According to Head Case, 3,800,000 concussions were reported in 2012, double of what was reported in 2002.

This growing and troubling form of traumatic brain injury (TBI) can have a huge effect on brain function. Usually caused by a violent impact to the head or upper body, a TBI can produce results that are often temporary but can lead to long lasting issues if multiple concussions occur over a period of time.

Unfortunately, many of the individuals who suffer from concussions are young children and teenagers who participate in contact sports such as football, soccer, or martial arts.

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The call for tougher laws regulating potentially vicious dogs is being made in Louisiana. The vicious attack of a Westwego, LA woman has thrown a new light on the discussion. Linda Henry, a former pitbull lover and owner, was mauled by 3 of her own pitbulls, losing both arms, an eyelid and part of her scalp in the attack. She is thankful she survived the attack but she has since, understandably, changed her tune on pitbull regulation.

City Council member Glenn Green is one of the public advocates on her side, hoping to pass a proposal that would levy strict regulations against pit bull owners. One of his aims is to impose a one hundred thousand dollar liability insurance policy on owners of the breed. Opponents of the proposal claim that focusing solely on pit bulls is not a solution to the problem and in fact unfairly singles out pit bull owners without addressing problems involving other breeds.
Louisiana is a “strict liability state,” which means the victim of a dog bite needs to prove the attack was something the owner of the dog could have reasonably prevented. Provided this can be done, the dog’s owner will be held responsible for damages and, in addition, may be fined for failure to properly follow current regulations governing the restraint of their pet.

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The Cardone legal team has discussed on this blog the risks of medical malpractice and the possible methods of recovery. The potential to be injured by a trained professional, however, is not limited to the medical field, we put our body’s safety in the hands of “trained” professionals on a daily basis and may need remedies if something goes wrong.

Back in 2010, a negligence lawsuit was filed in Orleans Parish District Court against a Louisiana personal trainer who was accused of causing the injuries of a New Orleans woman. The woman, Ms. Wallace, participated in a weight-training program under the supervision and guidance of the personal trainer.

The lawsuit named the personal training company and exercise facility as co-defendants in the suit. The suit alleged that, during the exercise routine, the personal trainer was responsible for assessing a client’s physical condition, instructing clients on workouts suited for them with their personal limitations in mind, and teaching proper and improper methods of exercising.

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Pulled from the pages of a science fiction novel, the future of medicine has a new technological twist. As the old fashioned human surgeon takes a step away from the patient and a step towards the computer, robotic-assisted surgery has been sweeping the world by storm and revolutionizing the method operations are performed. However, like many technological innovations, robotic surgery is not human-proof and the errors can be deadly.

The prominent system for robotic surgery is the Da Vinci Robotic System. This system has been designed to facilitate typically complex surgery with computer assisted precision. The surgeon controls the device from a computer console and the robot arm can go beyond human physical capabilities in delicate procedures. Intuitive Surgical is the company responsible for the system, getting FDA approval in 2000. Since approval, the system gained ground and it is estimated that over 200,000 surgeries were performed by the Da Vinci system in 2012 alone.

With the rise in robot surgeries, a disturbing amount of litigation has developed around the system. Lawsuits alleging burns, lacerations, heat damage to arteries and organs, nerve damage, sepsis, and other injuries caused from the Da Vinci system has created a new futuristic genre of medical malpractice. But like any other technology, the injuries can be traced back to human error. The FDA has even launched an investigation to probe several recent deaths as a result of Da Vinci surgeries. If you or a loved one has encountered pain, suffering, or injury as a result of or in the aftermath of robotic-assisted surgery, you are best advised to contact a knowledgeable Louisiana medical malpractice attorney.

Home damage and personal injuries
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In the last weeks of March, rainstorms and flooding led to extensive damage for many homeowners. Currently, the estimate is over 75 houses in the surrounding areas of Baton Rouge were damaged.Volunteers for Red Cross and Salvation Army were on the scene to assist needy residents.

Not all homes are accounted for that may have suffered rain damage, and it is important to know what may and may not be recoverable from home insurance in the case of home damage as a result of rainy weather. Generally, homeowner insurance does not cover flooding damages but water damage that was due to a storm, or was permitted to get into your home because of damage made by the storms winds, may be covered. Water damage that was the result of possibly negligent upkeep, such as leaky pipes, would not likely be covered. It is a homeowner’s responsibility to limit and mitigate damages in the event of a storm. Two major steps are the safe removal of water to prevent mold and the attentive repairing of holes and broken windows caused by the storm.

In the insurance process, you will want a qualified attorney to assist in the report of your potential claims to ensure prompt and accurate insurance payout and limit potential personal negligent liability for your damages.

Rain storm damage does not cease at property damage bur rather many personal injury cases are founded on slip and falls or other injuries from rain created hazards. This month a Louisiana woman filed suit against a grocery store for an injury sustained from a slippery floor wet from the rain.

Automobile damage
Slippery roads and hazardous driving conditions leave many people with auto damage from a number of sources. Falling tree branches, flooding, and weather related accidents can often lead to thousands of dollars in repairs if you can properly file suit against responsible parties and secure your deserved insurance settlement. Furthermore, personal injuries can amount to additional short term and long term costs. In severe cases, wrongful death suits may need to be brought on behalf of someone involved in one of these accidents. Tragically, the National Highway Traffic Safety Administration estimates that approximately 11% of traffic fatalities stem from accidents involving hazardous weather. Contact a qualified attorney to assist you in getting what’s rightfully yours and defending you from wrongful liability.

Quick What-to-do
Most Louisianans rely on their vehicle to get to work and home, rain or shine. However, should you be unable to operate your vehicle in hazardous weather conditions it is vital to limit your risk to others and yourself. Remain in your vehicle and stay calm. Keep one window cracked for air circulation and ensure the vehicle is off or, if on, the exhaust pipe is clear of obstruction. Carefully attach a bright visible signal, such as a plastic bag or cloth, to your vehicle to alert other drivers in reduced visibility.

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