Articles Tagged with Personal Injury

forklift_panels-300x200Most injuries are painful, and many can be long-lasting or even lifelong in terms of their effects. Still, there are some injuries that are especially painful and damaging. For example, there is something called a “de-gloving” injury. A de-gloving is incredibly painful and damaging and happens when a large area of skin from a limb is basically ripped off the tissue beneath it. They often result in a lifetime of pain, as well as permanent disability.

There are several types of vehicle accidents that can cause de-gloving injuries, including motorcycle and bicycle crashes, as well as pedestrian accidents. Given the extensiveness of these injuries and the long-lasting effects they cause, including perhaps effectively ending a victim’s ability to work in his previously chosen career, knowing how to secure a full amount of compensation is a must. This is one reason among many to be sure you have a knowledgeable Louisiana injury attorney handling your case.

Suffering injuries in a trip-andtrip_and_fall-300x199-fall or slip-and-fall accident can be painful, both physically and emotionally. If you’ve suffered harm due to a hazardous condition on someone else’s property, you may be entitled to recover damages. In many of these situations, the property owner will try to defeat your lawsuit by arguing that the hazard that felled you was “open and obvious.” A recent Louisiana Court of Appeal ruling in favor of an injured woman further clarified when a hazard can (and cannot) be open and obvious. When it comes to these and other areas of the law that can often be very nuanced, it helps to have an experienced Louisiana premises liability attorney on your side.

The dispute that spawned the recent Court of Appeal opinion was a premises liability case pitting two sets of New Orleans neighbors against each other. Carol was walking her dog at around 10:15 pm

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.

Jury-300x199You 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.

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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.

woman_in_elevator-300x200In an elevator accident/injury situation, the person who has been injured may have a valid claim for compensation. In order to succeed in that claim, though, the injured passenger will need to prove numerous different elements. Establishing that may necessitate bringing together significant and varied types of evidence. It definitely requires an in-depth understanding of the law. That’s why, if you are pursuing an injury case, your case needs skilled Louisiana premises liability counsel.

The Louisiana Record recently reported on one elevator incident that triggered litigation. The incident involved a woman named Tywanda, who was visiting the Sheraton New Orleans Hotel in August 2017. According to the woman’s lawsuit, she was in the hotel elevator, on the 45th floor, when the elevator dropped suddenly and unexpectedly. This sudden drop allegedly caused Tywanda to suffer both physical and emotional injuries.

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Many of us know the dangers of traveling streets or roads as a pedestrian. Pedestrians can be easily overlooked and, if struck, have the least amount of protection. However, one does not need to be walking on a major road to be in danger of harm while on foot. Even a trip to the local home improvement store can carry these risks. Whether your accident was along a major road or happened inside a store parking lot, it is important to be sure you know how to get all the information and assess all the facts. Sometimes, you may find that there are more people and/or entities who are liable to you than otherwise might have believed. To get the clearest picture of all of your options in the legal system, reach out to a skilled Louisiana injury attorney right away.

Take, for instance, the case of B.M. B.M. was a man who was visiting an Alexandria big-box home improvement store in October 2015. As B.M. exited the store, another customer, L.C., backed up and struck B.M. with his Chevy Silverado pickup truck.

lawsuit_Problem-300x200The above question is not an unreasonable one. It’s one among many circumstances that illustrate how many different challenges or unique things can happen in your Louisiana injury case. Many of these may be things for which you are unprepared or, at least, are not equipped (in terms of legal knowledge) to utilize to your maximum advantage. So, if you have sued and the party who injured you filed his pleadings too late, or did not file anything at all, there may be ways to obtain a judgment in your favor without the other side’s participation and without requiring a full trial. For the advice and representation you need when unusual things like this happen, be sure you’re equipped with a skilled Louisiana injury attorney on your side.

When the other side does not respond in a timely manner or doesn’t respond at all to your lawsuit filing, you can choose from several different options. One of these is called a default judgment. A default judgment is a judgment ordered by the court in which the judge says that you filed your lawsuit properly, that you laid out all of the required elements of the claims you asserted, that the other side did not respond, and that you are entitled to a judgment in your favor on all claims as a result. This kind of judgment is just as binding as if you went through a full trial and received a jury verdict in your favor.

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Sometimes you are injured in a crash through absolutely no fault of your own. Another driver does something ill-advised and negligent, and there is nothing you can do to avoid the collision. When that happens, you’ll probably want to seek compensation in court and you’ll likely argue that the other driver was 100% at fault and 100% liable for your damages.

In a case like that, the defendant driver and/or their auto insurance company may argue that you, the injured plaintiff, were actually to blame for the accident, at least in part. All drivers in Louisiana are required to drive at a safe speed, keep a proper lookout and keep their vehicles under control at all times. A defendant driver may try to claim, in an effort to reduce their damages (or avoid them entirely,) that you failed to do one or more of those required things. When that happens, you need an experienced Louisiana injury attorney to help you defeat those arguments.

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Roughly half-way between New Orleans and Baton Rouge, a mid-March accident claimed the life of one Louisiana man. That man, a 54-year-old from Holden, left behind a fiancée, a mother, two siblings and many nieces and nephews. He was killed by a driver whom police believed to be driving while intoxicated. Certainly, a DWI that causes injury or death usually will be a criminal matter. However, if you were injured (or a loved one killed) by an intoxicated driver, what you and your family may need is often much more than just the closure that comes from an intoxicated driver’s criminal punishment.

The law gives people injured (and the loved ones of people killed) by intoxicated drivers the ability to seek compensation in criminal court. To get the answers you need and to find how best to go about pursuing your legal options, be sure to reach out promptly to a skilled Louisiana injury attorney.