Articles Posted in Personal Injury

If you have ever looked at a map or a set of turn-by-turn directions on an online navigation system, you know that, whatever your destination, there is often more than one way to get there. Each has its own advantages. One may be faster, one may be shorter, and one may be more scenic. The law can work a little like that sometimes. If you’ve been injured because of someone else’s fault, there may be more than one way to pursue damages. The accident case of a man who fell outside a fast-food restaurant offers an example of this in action.
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When you are injured on a store or business’ property, there may be several obstacles in your way that potentially block you from success in your premises liability case. One common obstacle is the “open and obvious” rule, which says generally that, if a hazard was something that a reasonable person would have seen, the property owner isn’t liable. The key to winning is finding a way to overcome those hurdles, as one customer at a dollar store recently did in her Louisiana case, getting a renewed chance to pursue the store despite the fact that the hazard that caused her fall was a large box placed on the floor of the store.
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When it comes to auto accidents that cause injuries, many can be what you might call “typical.” For example, Driver A rear-ends Driver B, causing injuries to Driver B’s neck, back, or lower body. Or, perhaps, Driver 1 runs a red light, and Driver 2 crashes into Driver 1, causing injuries to Driver 2. Sometimes, though, your vehicle accident may be far from “typical.” Even when that happens, that doesn’t mean you cannot recover damages for your injuries.

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In New Orleans, you don’t need an excuse to parade or party. Mardi Gras is one of the biggest holidays in New Orleans generating an estimated $840 million dollars each year. Mardi Gras draws millions of people, according to the New Orleans Convention and Visitors Bureau, the city’s 37,000-plus hotel rooms are traditionally filled during Mardi Gras. Add the mass amounts of tourists in with the locals, and copious amounts of alcohol and partying – and you are bound to have a few accidents.

This year approximately 2 dozen people were injured when a drunk driver hit two vehicles and then plowed into the Endymion parade crowd at the intersection of Carrollton and Orleans Avenue. This article will discuss our legal analysis of the rights of those injured in the crash and special laws in Louisiana limiting liability of Mardi Gras Krewes under certain circumstances.

Many people have a certain stigma against lawsuits, they believe lawsuits are frivolous and only serve to drive up insurance premiums. And anyone who has been involved in a lawsuit can attest, a lawsuit is often contentious and time consuming. But have you ever taken the time to think about all of the positive aspects of lawsuits? Many haven’t. We would like to expand on the benefits of lawsuits using the recent discovery by counsel for Paul Walker in his daughter’s lawsuit against Porsche.

PAUL V. PORSCHE

We are living in a corporate world. Today, more than ever before, employees are working more. And like Donna Summer said they work “hard for the money, so hard for it honey…” Any person trying to climb the corporate ladder knows, if you don’t go the extra mile, be prepared to be replaced by someone who will. It is not uncommon for an employee to work 9-5 and then go immediately to a networking or marketing event after hours for which they receive no compensation.

As a result of the increasing burden and demands on employees, many companies offer employee perks such as cell phones, computers and company vehicles. These perks are a win/win – they come at no cost to the employee, and for the employer, there is an added benefit – the employee can easily maneuver from place to place and be accessible which turns into realized profit. Most companies have policies in place providing an employee can only use a company vehicle, phone or computer when they are “on-the-clock” and that these perks are to be used for “business purposes” only. The mix of company perks and after hours expectations create blurred lines with respect to legal liability.

While we attorneys believe we know it all, there is a reason why we didn’t’ go to medical school. The great Albert Einstein, “if you can’t explain it simply, you don’t understand it well enough.” Experts can play a crucial part to a client’s case. This blog post will discuss the importance of a biomechanical expert in an automobile accident.

THE SCIENCE OF THE EXPERT

Independent Medical Examination, commonly referred to as an “IME.” Two of the most common, yet significant reasons behind this request can be:

  • Concern is shown by the defending party or the insurance company that the injuries, which you have suffered from, are not as severe as one claims; or,

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.

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.

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