Damages

August 6, 2014

The Anatomy of a Trip and Fall Case

A recent lawsuit has been filed by a tenant in an apartment building who allegedly injured herself after she stepped in an uncovered hole. Denise Sanders filed suit against Eagle Investments, Inc. and its insurer in the 24th Judicial District Court of Jefferson Parish. The plaintiff alleges that she is a tenant of an apartment complex in the City of Avondale and that while she was walking in the complex she tripped and fell after stepping in the uncovered hole. She contends that she has sustained serious personal injuries from the incident. The defendant is accused of failing to inspect the property, failing to properly maintain the property, failing to warn tenants of defective conditions, and allowing a dangerous and defective condition to exist. Damages are being sought for pain and suffering, permanent damage, loss of enjoyment of life, and medical expenses.

Many trip and fall lawsuits are complicated and need a highly experienced attorney to prove the necessary elements. These types of lawsuits are usually governed by Article 2317.1 of the Louisiana Civil Code. The article provides that “The owner or custodian of a thing is answerable for damage occasioned by its ruin, vice, or defect, only upon a showing that he knew or, in the exercise of reasonable care, should have known of the ruin, vice, or defect which caused the damage, that the damage could have been prevented by the exercise of reasonable care, and that he failed to exercise such reasonable care. Nothing in this Article shall preclude the court from the application of the doctrine of res ipsa loquitur in an appropriate case.” Res Ipsa Loquitur is a legal theory that will allow a jury to use circumstantial evidence to find that there is negligence when there is no direct evidence of the actual happening of the event. A classic example where this legal theory comes into play is in a medical malpractice action when a patient is injured while under anesthesia and the patient was injured in a place that is remote from the surgical site.

July 21, 2014

Multi-Million Dollar Superdome Case

by Cardone Law Firm

Attorney Cliff Cardone has had the privilege of successfully representing multiple victims in a tragic accident that occurred at the Louisiana Superdome. During a Saints’ football game on December 16, 2007, an elevator crashed with 18 people on board which caused life changing injuries. Mr. Cardone was able to receive settlements for many of the victims, but did go to trial on behalf of the three remaining passengers. Judge Ethel S. Julien presided over the non-jury trial and found in favor of the three women who were parties to the case. The judge awarded over $2 million dollars in damages for surgeries, past and future mental and physical pain and suffering, past and future loss of enjoyment of life, past lost wages, future lost earning capacity, and past medical expenses.

The incident happened at the end of the football game as everyone was leaving the game. As the group of people were in the elevator, it went into a free-fall due to overcrowding. After being lifted back to an unloading position, the elevator fell again with the passengers on board. The judgment is against SMG, which is a private entity that manages the Superdome for the state. In 2012, attorneys for SMG argued that the company was only liable for a maximum amount of $500,000 dollars in damages. Louisiana law provides that there is a monetary cap of $500,000 dollars for claims against the state. SMG tried to argue that since there was a contractual relationship with the Louisiana Superdome and Exposition District that this cap would apply to them and that they could not be held liable for any amount over $500,000 dollars. However, the judge rejected this argument and allowed Mr. Cardone to proceed with their case in which they received an amount vastly greater than the cap.

June 26, 2014

Consequences of Road Rage

by Cardone Law Firm

A recent incident occurred that could have easily been prevented. David Jackson, 26, became involved in a road rage incident with a 50 year old male driver of a 2007 Chevrolet pickup truck. The incident started when Jackson flung a cigarette butt outside of his vehicle hitting the side of the pickup truck. When this occurred, the driver of the pickup truck followed the car and cut it off on purpose. The dispute raged on for a few miles on Interstate 10 until the driver of the car, Jackson, pulled out a gun and fired three bullets at the truck on I-10 near Williams Boulevard. Inside the truck was the driver’s 10 year old son, who suffered a graze wound and is in stable condition. After the shots were fired, the driver of the pickup truck rammed into Jackson’s car to make sure he would not get away. Jackson was eventually arrested by the police and charged for multiple felonies.

Read more about hit and run law.

December 20, 2013

What to Do If You’re Injured By a Drunk Driver

by Cardone Law Firm

The holidays are a wonderful time of year for gathering with family and friends. The holidays are also, regrettably, a time of increased incidences of people drinking and driving. If you or a loved one is injured by a drunk driver, it is important to understand what the law allows you to do, and what steps you should take.

Recent accidents in Calcasieu and Washington parishes highlight the risks, and potentially tragic consequences, of driving while intoxicated. When someone is injured in Louisiana as a result of another’s drunk driving, that person is entitled to recover for the damages caused by the drunk driver. Article 2315 of the Louisiana Civil Code generally provides a right to sue for damages, and Article 2315.4 specifically adds a right to seek exemplary damages in cases where the injured person proves that the driver acted with “wanton or reckless disregard for the rights and safety of others.”

You may be unfamiliar with the term “exemplary damages,” but may recognize them as “punitive” damages. Injured persons rarely recover exemplary damages in auto accident actions, except in cases involving drunk drivers. To succeed in receiving exemplary damages, you must show that the driver, in deciding to get behind the wheel in an impaired state, acted with conscious indifference to the consequences of his or her actions. This means that he or she knew or should have known that getting behind the wheel would likely lead to harm, but proceeded to drive anyway.

May 23, 2013

Round-up: Lousiana Disaster Lawsuits

by Cardone Law Firm

A few months ago, the Cardone Law blog covered additional settlement funds available to businesses affected by the BP oil spill. Recently there has been significant litigation and settlements revolving around Louisiana’s recent disasters.

A lawsuit has been filed by the Mexican government against BP Oil for damages arising from the Deepwater Horizon oil spill. BP disclosed on May 1 that the firm has been named as a defendant in over 2,200 suits filed by Mexico since March 6.

April 27, 2013

Large Payout for Soft-Tissue Personal Injury Settlement

by Cardone Law Firm

Automobile accidents come in every shape and size, and victims who are lucky enough to survive this encounter can’t always easily just walk away. The Cardone Law firm just recently secured a settlement for a client for $430,000 for her soft-tissue injuries. One of the most common forms of injury suffered as a result of an automobile accident is called a soft-tissue injury. A soft-tissue injury is an injury affecting nearly anything except bones and organs.

Typically when the term soft-tissue is used in the personal injury field, it is referring to an injury to muscles, ligaments, tendons, or other similar tissue which usually presents itself in the form of sprains, bruises, or shallow abrasions. Whiplash is a common form of a soft-tissue injury as it strains the neck and back of the victim. The most common form of treatment for a soft-tissue injury is embodied in the acronym RICE (Rest, Ice, Compression, and Elevation)

Leah, commuting in New Orleans, was involved in a low-impact accident when the defendant, driving a BMW, disregarded a stop sign and crashed into Leah’s vehicle. Leah had extensive pain associated with her injuries plus unexpected medical costs that she needed to now pay. The defendant insurance company didn’t feel that Leah could have possibly sustained such painful and longstanding injuries from such a minor accident.

Our experienced legal team was able to secure a settlement for Leah in the amount of $430,000.00. This amount ensured Leah received proper compensation for the injuries she suffered, both short and long term. As such, justice was served.

Things to remember:
If you are injured in a car accident it is important to exchange insurance information (even in minor fender benders should future injuries present themselves), contact your insurance company and contact an experienced personal injury attorney.

Remember, in Louisiana you only have one year within which to file a lawsuit. Should you fail to file a suit timely, you will forever lose your rights to recover any compensation whatsoever. An experienced personal injury attorney is familiar with this prescriptive period in Louisiana.
By the way, if you have suffered property damage to your vehicle along with your personal injury, you not only have a right to recover for the repair to your car, but you may also recover money for the diminished value of your repaired automobile! Typically, most attorney’s fail to make a Diminished Value claim on behalf of people who have sustained property damage to their vehicles. We at the Cardone Law Firm always determine if such a claim exists for our clients..

As a side note, Louisiana is a “comparative fault” jurisdiction with regard to personal injury negligence. “Comparative fault” means that even a party partially at fault in a personal injury action may recover for their damages. However, this amount may be reduced by the amount of responsibility of that party. You should not settle away a valid claim because you feel partially responsible.

Negotiations with experienced and savvy insurance adjusters should not be taken lightly. Those coming to the table against insurance companies must be reminded that they are settling and ending any possible suit for property damage, personal injury, medical costs, and many other remedies available under Louisiana law. A knowledgeable Louisiana car accident attorney is vital in calculating all applicable forms of compensation.

We at the Cardone Law Firm can handle all of your needs when you’re involved in a life-altering car wreck. So, if you, a friend or a loved one is involved in a wreck, simply Phone Cardone at 504-522-3333.

February 28, 2013

Understanding Compensation for Losses from the BP Oil Spill

by Cardone Law Firm

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.

January 29, 2013

Judge Holds No Liability Limitations in New Orleans Superdome Elevator Accident

by Cardone Law Firm

On December 16, 2007 the Arizona Cardinals were visiting the New Orleans Superdome to battle the New Orleans Saints for a spot in the playoffs. The game was an exciting display of offensive power and ultimately the Saints tied the Cardinals by the half and kept the lead for the win.

After the game, as the crowds dispersed, a group of eight individuals seated in Section 619 boarded an elevator to leave.