Louisiana Injury Lawyers Blog

July 17, 2019

New Orleans Woman Proceeds With Trip-and-Fall Lawsuit Against Her Neighbors

Suffering injuries in a trip-and-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

July 16, 2019

How Much Compensation Can I Expect for My Broken Bone Injury?

by Cardone Law Firm

Suffering a broken/fractured bone in a car or truck accident can be painful and costly. Naturally, you’ll want to understand how your injury might affect the compensation you can recover. The settlement or award you receive will help you to cover medical costs, damages suffered as a result of not being able to work, and trauma you have been put through.

One common question we are frequently asked here at is, “How much is my case worth?” Because every case and injury is unique, it is difficult to give an exact number. However, certain factors affect a settlement, which your New Orleans personal injury attorney at Cardone Law Firm is fully aware of.

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 16, 2019

Dealing with a Louisiana Truck Accident that Happens Due to Errors Other Than Negligent Driving

by Cardone Law Firm

You might hear about (or know someone involved in) a vehicle accident where people were hurt as a result of a commercial truck driver’s negligence behind the wheel. But, sometimes, truck accidents can occur due to the errors of people other than the truck driver. If that describes your case, would you know what to do next?

Just as in any injury action involving a vehicle accident, your case requires having the right proof and the right arguments so that you can hold those responsible accountable and get the compensation you profoundly need. To help you get that done, be sure to seek and retain an experienced Louisiana injury attorney.

July 15, 2019

How Jury Misconduct May Allow You to Obtain a New Trial in Your Louisiana Auto Accident Injury Case

by Cardone Law Firm

You 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.

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.

July 13, 2019

How to Pursue Your Elevator Injury Case in Louisiana

by Cardone Law Firm

Each different type of injury case brings with it different facts and different nuances of the law. Generally, an injury case requires you, as the injured person, to prove that the defendant’s misconduct was the legal cause of your injury. Certain types of injury cases that involve claims of negligence may allow you to establish causation using an argument that goes by the Latin words “res ipsa loquitur.” While almost any layperson has never heard of this Latin phrase, it is a very familiar one to any skilled injury attorney. This is just one more example of how your case can derive vital benefits when you retain the services of knowledgeable Louisiana premises liability counsel.

This “res ipsa loquitur” doctrine within the law can come up in certain elevator accident cases. Recently, the state courts in New Jersey found themselves faced with the case of Maureen, a resident of a condominium complex in Hackensack. While she was either entering or exiting the elevator in her building, the doors allegedly closed prematurely and knocked her to the ground, injuring her.

July 13, 2019

Woman Sues for High-Rise Hotel Elevator Injuries

by Cardone Law Firm

In 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.

July 12, 2019

The Ways in Which You Can Recover Damages for Your Louisiana Parking Lot Injury

by Cardone Law Firm

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.

July 12, 2019

I Filed My Louisiana Lawsuit and Got it Served on the Other Side, But They Did Nothing in Response. Now What Do I Do?

by Cardone Law Firm

The 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.