New Orleans Personal Injury Blog - Herman Herman & Katz

Free Hurricane Laura Insurance Policy Review

On August 27, 2020, Hurricane Laura struck the Louisiana coast as a Category 4 hurricane and headed north leaving behind widespread devastation in cities including Lake Charles, Sulphur, Alexandria, Pineville, Natchitoches, Leesville, and DeRidder. Many homes, businesses and other property...Read More

How to Deal with a Car Accident in a Parking Lot

A large number of car accidents occur in parking lots. Accidents that occur parking lots and accidents that occur on public streets, roads and highways are similar in a number of ways. For example, regardless of where a car accident...Read More

City of Miami Battles Against Discriminatory Lending Practices

On Monday, May 1, 2017, the United States Supreme Court upheld the City of Miami’s standing to sue Bank of America and Wells Fargo under the Fair Housing Act for the issuance of discriminatory mortgages. It was a big victory in...Read More

What is the Duty of a Hotel to Protect its Guests?

With stories in the news about celebrities being robbed or unknowingly captured on video in their hotel rooms, you may wonder – What is the duty of a hotel to protect its guests from theft or harm? While generally a...Read More

Tipping Points: A Manufacturer’s Duty to Produce Safe Products

Is the recall of 29 million dressers, a $50 million settlement, and $250,000 in donations to hospitals and charities enough? That’s the question three families and furniture manufacturer/distributer IKEA are left to reflect upon in the wake of a two...Read More

The Dangers of E-Cigarettes – Burn Injuries

E-Cigarettes have become very popular as an alternative to smoking. Sales have grown rapidly since they became available in 2007. While the health effects of the vapor and the danger of nicotine overdose are still the subject of ongoing review...Read More

Will a doctor lose his or her license if found at fault in a medical malpractice case?

Just because a court finds that a doctor committed medical malpractice, this does not mean the doctor will lose his or her medical license. Actually, in the vast majority of cases where the doctor is found to be guilty of...Read More

Fear Not: Utilizing Mediation as an Alternative to Litigation

Fear of the unknown is a powerful and paralyzing force. To many people, the legal system is an enigma that contains countless unknowns. Understandably, there can be a lot of fear and anxiety involved when one is thrust into a...Read More

How does the cap on Louisiana medical malpractice cases affect your case?

In Louisiana, the total amount recoverable for medical malpractice claims for injures to or death of a patient, not counting future medical care and related benefits shall not exceed $500,000, plus judicial interest. This means that the highest judgment one can...Read More

How Long Does It Take For a Personal Injury Claim To Settle Or Go To Court?

The time it takes before you receive a settlement from a personal injury or time it takes for your case goes to trial will depend on several factors like what type of case you are involved in and the facts...Read More

Deepwater Horizon Economic and Property Damages Settlement Program Overview

Claims Program Update Program begins to accept claims June 2012. First eligibility notices issued July 15, 2012 First payment issued July 31, 2012 Current Statistics Total number of claims – 386,107 Eligibility notices issued – 152,010 Denial notices issued –...Read More

LESSONS FROM KATRINA

The lessons learned as a result of Hurricane Katrina were both practical and educational. The biggest lesson was, by far, that, as individuals, businesses, lawyers and law makers, we were unprepared for any major catastrophe. Individually and as businesses, we...Read More

Why It’s a Good Idea to Consult an Attorney in an Auto Accident Case

After you are involved in an auto accident, it is important to contact an attorney as soon as possible. Initially, an experienced attorney can give you a lot of information about your case, including how and when to proceed. Acting...Read More

Louisiana Flood Insurance Tips

The recent flooding in south Louisiana brought back bad memories for a lot of folks. The widespread loss and devastation we see now is eerily similar to what we saw in the aftermath of Hurricane Katrina. Hurricane Katrina taught us...Read More

Teen Drivers and Safety

Teen drivers have special needs on the road – and while they may have had good training and have gained some experience, they lack the years that adult drivers have to make split decisions. Parents may invest a good deal...Read More

Do Increased Speed Limits Lead to More Accidents?

Throughout the country, speed limits are increasing. From highways to city streets, drivers are getting the luxury of getting to their destination a little faster. In one instance, there was an article in Time magazine that highlighted the issue of speed traps –...Read More

Five Common Myths About Personal Injury Cases

Each day, there are hundreds of people injured across the United States – some suffering from serious, long-term injuries. If you are injured due to someone’s negligence or fault, you may be entitled to compensation by making a personal injury...Read More

Understanding “Never Events” and a Medical Malpractice Claim

New Orleans, LA Hospital Medical Negligence Lawyers Hospitals in Louisiana and their staff are under increased pressure to avoid “never events.” These events have often serious outcomes that should never happen but inevitably do. The name of these events can...Read More

How to Value the Loss of Earning Capacity Claim

New Orleans, LA Loss of Earning Capacity Lawyer Loss of earning capacity – or diminished earning capacity – is serious, and common among personal injury claims. Those suffering from serious or catastrophic injuries are often affected by their injuries for...Read More

FMCSA Seeks to Curb Fatigued Truck Driving with Electronic Logs

New Orleans, LA Truck Driver Fatigue Related Accidents Lawyer Last month, the truck driver accused of crashing into a limo van carrying comedian Tracy Morgan and his driver pled not guilty to charges of vehicular homicide and aggravated assault in...Read More

The Truth About Insurance Companies and Personal Injury Claims

Contrary to the ads we see on television where insurance companies portray themselves as always being there when you need them, the experience of many accident victims today is quite different. What Has Changed? In the past, an insurance company’s...Read More

The Single Biggest Mistake You Can Make When Injured Offshore

New Orleans, LA Maritime Injury Lawyer What you do (or don’t do) after you are injured in an offshore accident will ultimately determine whether or not you are treated fairly in your claim for compensation. All too often, those injured...Read More

What is Maximum Medical Improvement?

If you have been seriously injured in an accident, a quick settlement is rarely in your best interest. In most cases, you should not settle until your doctor says that you have reached Maximum Medical Improvement (MMI). In fact, the...Read More

What is My Personal Injury Case Worth?

When you are injured due to the negligence of another, you have the right to pursue a personal injury case to seek compensation for your injuries and financial losses. How much your case is worth will depend on several different...Read More

How do Insurance Companies Create a Monetary Value for Injuries?

When you suffer injuries due to the fault of another, one of the first things you should do, after seeking medical attention, is determine whether or not you should bring suit against the person(s) responsible. To do this, you will...Read More

Step-by-Step Guide to Filing a Personal Injury Claim

If you’ve been injured in an accident, then you may need to file a personal injury claim to receive compensatory damages from the person or entity responsible for the accident. However, if you’ve never filed a personal injury claim before,...Read More

What to Expect from the Deposition in Your Car Accident Case

A plaintiff in an automobile accident case can usually count on being required to be present at three specific proceedings associated with their case. These are, in the order that they will be expected to appear, the deposition, the mediation...Read More

Choosing the Right Settlement Disbursement Option

More and more personal injury plaintiffs are choosing structured settlements in order to be compensated for the harm and losses they have suffered. But how can you know if a structured settlement or lump sum disbursement is right for you?...Read More

Evaluation of Pain and Suffering Claims

Most of us know what “pain and suffering” is, but what does it mean, exactly, from a legal perspective? And how is pain and suffering quantified and calculated for the purposes of a personal injury claim? Types of Pain and...Read More

How Car Passengers Can Obtain Compensation after an Accident

New Orleans, LA Car Accident Compensation Lawyer Car accidents, even minor ones, are unsettling and tend to shake one’s confidence in the world. This may be particularly true for passengers who are injured in an auto collision. Fortunately, passengers who...Read More

Is It Possible to File a Personal Injury Lawsuit if I Don’t Know Who Is Responsible?

Most people filing civil lawsuits know whom they are suing. However, in some situations, there may be multiple potentially responsible parties, or the identity of the party who caused your injuries may not yet be known. If that happens, you...Read More

Hospital Sanitation and Cleaning Policies – a Lingering Problem

New Orleans, LA Healthcare Associated Infections Lawyer Healthcare Associated Infections, also known as Hospital Acquired Infections (HAIs), are a major problem in the U.S., primarily due to inadequate hospital cleaning and sanitation policies and procedures. The need for better hospital...Read More

What Is That Tractor-Trailer Beside You Hauling? You May Not Want To Know.

Large commercial trucks present sufficient hazards to other motorists all on their own, without factoring in the dangerous cargoes they carry. Anyone who has been involved in or witnessed a serious commercial truck accident knows how much damage an 80,000...Read More

When to File a Wrongful Death Lawsuit in Louisiana

If you have lost a loved one because of someone else’s wrongdoing or negligence, no lawsuit could ever bring your loved one back, and no amount of money can ever compensate you for your loss. However, you can hold the...Read More

What Constitutes a Dangerous Product?

New Orleans, LA Dangerous Product Injury Lawyer Dangerous products fall under products liability. This refers to the liability of all parties along the chain of manufacturing that are associated with a product or the damage of a product. This liability...Read More

Workplace Deaths at Their Highest Since 2008

New Orleans, LA Lawyer Serving Families of Fatal Work Accidents Workplace accidents are tragic. No one expects to not come home after arriving to work for the day. Whether it is a child, spouse or parent, the loss of a...Read More

What Happens If You Are Injured by an Uber Driver?

New Orleans, LA Uber Driver Accident Injury Lawyer Uber and Lyft companies were given privileges to pick up fares in New Orleans after the City Council voted for approval. Just like other cities that have allowed these ride-sharing services, the...Read More

How to Prevent Distractions While Driving

Most distractions behind the wheel are avoidable, while others are hard to predict or prevent. As a driver, it is your responsibility to remain active and engaged with the task ahead – not your phone, the radio or passengers in...Read More

Traffic Deaths Increase by 14 Percent for 2015

New Orleans, LA Traffic Death Lawyer There are a lot of trends in the United States, but one trend that no one is celebrating is the fact that traffic fatalities have risen by 14 percent so far in 2015. If...Read More

Common Offshore Injuries and How to Avoid Them

Legal Experience for Offshore Accidents and Injuries in New Orleans A career in the offshore/maritime field is one of the most dangerous fields anyone could enter. There are daily hazards on these job sites, and unfortunately, there are frequent injuries...Read More

Car Accidents and Pedestrians – What to do Immediately After an Accident

Being involved in an accident with a pedestrian is extremely scary. Both parties may be unaware of what they are supposed to do or even how to handle the situation. According to the National Highway Traffic Safety Administration, there are...Read More

Stories From The Storm – Pastor Rogers, an HH&K Client

Pastor Barbara Rogers wasn’t running a mega-church in New Orleans on Franklin Avenue. One Way Deliverance was a “small ministry that did big things in the community.” The church focused their efforts on helping those in need where disparities were prevalent...Read More

Tales from the Storm, HH&K Staff Member

The Saturday before Katrina, I evacuated to Houston, with my three-year-old son, my mother, a dog, a bird and whatever few personal items I could fit into my car. My brother and his girlfriend followed behind. From our hotel room,...Read More

New FDA Rules on Generic Drug Labeling Expected in September

Since the United States Supreme Court’s 2011 decision in Pliva, Inc., et al v. Mensing, people injured by generic forms of harmful drugs have been left without recourse against generic drug manufacturers for failures to warn about their drugs’ harmful...Read More

24 Miles of Fog: Proceed with Caution

When fog rolls over the Lake Pontchartrain Causeway, driving can become a nightmare. You can make it less of a risky drive by taking simple precautions, and ensuring your safe arrival on the other side of the bridge. About the...Read More

Offshore Workers Injured in Pemex Explosion

Nearly five years ago, the night sky above the Gulf of Mexico lit up ablaze as thirteen BP workers lost their lives in the Deepwater Horizon explosion. Despite the promises made by oil companies that they learned from the BP...Read More

US Experts Agree: Spill Caused “Severe” and “Serious” Environmental and Economic Damage

After four days of testimony, the United States (“US”) wrapped up its case in chief against BPXP regarding the imposition of Clean Water Act (“CWA”) civil fines and penalties in connection with the massive BP Oil Spill. US expert testimony...Read More

BP Trial Phase 3 Penalty Phase

As the final Phase (Phase 3 Penalty Phase) of the BP Trial began, the Court set its sights on finally deciding BP’s total civil fine monetary amount. The United States Government is asking for the Court to assess the maximum civil penalty...Read More

The Vices of Consent in Louisiana Contracts

In Louisiana, a contract is defined as an agreement between two or more parties by which certain obligations are created. The four requirements of a valid contract are (1) capacity, (2) consent, (3) lawful cause, and (4) lawful object. When...Read More

Under Pressure: Products Liability in Louisiana

On April 15, 2013, during the 117th Boston Marathon, two deranged and disillusioned individuals set off two “improvised explosive devices” (“IED”) near the Boylston street finish line. These misguided sociopaths made them using easily procurable items: black powder, nails, and...Read More

Technology – Fitbit Data Used as Evidence

As is typically the case, the advent of new technology brings new opportunities and new challenges in the civil justice system. Just as Twitter, Facebook and other social media have created interesting legal issues for litigants, so too now are...Read More

DOTD Strikes Back: Construction on a Highway

While the Department of Transportation and Development (“DOTD”) has a duty to maintain highways and shoulders, the standard of care required for a highway under construction is somewhat less than that of a highway not under construction. Courts have long...Read More

Leading Cause of Accidental Injury and Death in Louisiana

The leading causes of accidental injury and death in Louisiana are car accidents. According to Louisiana State University, there were approximately 620 fatal car wrecks in 2013. Orleans Parish ranked #1 with 44 deaths. East Baton Rouge Parish had 37...Read More

Evolving Opinions – Recent Surveys Show that a Growing Number of Americans Support Marijuana Legalization

It was not so long ago that open support for the legalization of marijuana was not very popular in the United States. It now seems as though that tide is changing, and changing quickly. Based upon a recent survey, it...Read More

The Do’s and Don’t of Tailgating

Tailgating has become a age old tradition linked to sporting events in which several individuals gather before an event to eat, drink and socialize while supporting their favorite team. Over the years the idea of tailgating has transformed from simply...Read More

Hit & Run Accidents

According to Louisiana law (LA RS 14:100), a “hit and run” is defined as the “intentional failure of the driver of a vehicle involved in or causing any accident, to stop such vehicle at the scene of the accident, to...Read More

Playground Safety

Now that school is back in full gear and large groups of children will be frequenting the school yard playground, it is important for us to be reminded of some basic playground safety tips. According to the National Safety Council...Read More

School Bus & Bus Stop Safety

The kids are back in school, therefore, now is better than ever for a refresher in bus stop and bus riding safety. Every year an abundance of children suffer injuries, sometimes severe or even fatal, at bus stops or from...Read More

Potential Salmonella Contamination in Peanut Butter Leads to Recall

According to the U.S. Food and Drug Administration (FDA), on August 19, 2014, nSpired Natural Foods, Inc. voluntarily recalled certain retail lots of Arrowhead Mills® Peanut Butters, MaraNatha® Almond Butters and Peanut Butters, and specific private label nut butters (listed...Read More

How Did the FDA Approve a Toothpaste that Contained an Ingredient Linked to Cancer-Cell Growth?

Triclosan – it is the antibacterial ingredient in Colgate’s Total toothpaste. Colgate’s Total is the only toothpaste approved for sale in the United States that contains triclosan. Millions of Americans are putting it in their mouths daily. Total is the...Read More

U.S. Tax Court Judge Diane L. Kroupa Sets the Bar for Whistleblowers’ Protection

In 2012, Tax Court Rule 345 was adopted to allow tax whistleblowers to remain anonymous. The whistleblower must file a motion with the Court that provides specific facts which support the request to proceed anonymously. The motion itself and subsequent...Read More

Louisiana Joins 38 Other States in Banning the Sale of E-Cigarettes to Minors

Although we have all been taught that smoking cigarettes is harmful to our health, more than 40 million Americans are smokers. Cigarettes can damage every single organ in your body and according to the Center for Disease Control, smoking-related illnesses...Read More

Brand-Name Drug Manufacturers May Be Held Liable for Generic Drug Injuries in Alabama

In August 2014, the Alabama Supreme Court found in favor of the plaintiff, holding that a brand-name drug manufacturer may be held liable if it makes misrepresentations about the drug where the patient’s doctor relies on those misrepresentations, even when...Read More

Are Generic Drug Manufacturers Moving Too Slowly to Updated Safety Info?

The United States Supreme Court is being asked to answer this question by Teva Pharmaceuticals and other makers of the generic version of the drug Fosamax. The name-brand drug, Fosamax, manufactured by Merck, and its generic counter parts, are used...Read More

Online Reviews May Lead to Defamation Lawsuits

The internet provides a seemingly limitless forum for consumers to voice their complaints and warn others about their negative experiences with professionals, businesses and service providers. But, be careful about what you post. When online rants go to far, posters...Read More

Loss Of Consortium – A Brief Explanation

In a recent meeting, a client, whose spouse was injured, asked the simple question: “What is consortium and who may bring this legal claim?” Consortium is a Latin word that means “partnership”, “association” or “society”. In the realm of torts,...Read More

Don’t Be A Victim Drunk Driving This Football Season

New Orleans is a city that likes to have a good time. With a slew of parties, festivals and events seemingly every weekend, New Orleanians need no excuse to live life to the fullest with good food, friends, and a...Read More

New Orleans Residential Renters

It’s no secret that the New Orleans residential rental market is furiously competitive. From university students to working professionals of all ages, the New Orleans market is simply unlike most other rental markets. Though most renters are able to live...Read More

Bicycle Safety in New Orleans – Following the Rules of the Road

This summer and fall, we’ll see an abundance of bicyclists on the streets of New Orleans. According to the Regional Planning Commission, spikes in gas prices, the economic stagnation and efforts to cut down on pollution have led many people...Read More

Liebeck v. McDonalds – A Look Back at one of the Most Misunderstood Lawsuits in American History

We’ve all heard about it. More than 22 years ago, Stella Liebeck spilled scorching hot coffee on her lap and sued McDonald’s. The aftermath was a swarm of mostly negative media attention and a public that was quick to judge,...Read More

Dog Bites – Knowing the Law as a Dog Owner or Injured Victim

New Orleans is a dog-friendly city, and we locals unabashedly and publicly display our love for man’s best friend. Dog owners throughout Louisiana love to take their canines to traditional locations, such as the city streets, parks or dedicated dog...Read More

Duty to Mitigate: Adding Up the Damages

During the pendency of a claim or lawsuit, an injured party also has a duty, a duty to mitigate his or her damages. The scope of this duty varies from case to case but, generally, as set out by the...Read More

Negligent Security: Business Owners & the Foreseeability of Crime in New Orleans

Louisiana courts have adopted a duty-risk analysis in determining whether liability exists in a tort case. Namely, a plaintiff must prove that (1) the defendant owed a duty of care; (2) the defendant failed to conform to the duty; (3)...Read More

The Collateral Source Rule

Due to an accident or injury, an injured plaintiff may receive benefits from their insurance company or some other 3rd party, independent source. If the Plaintiff receives funds from these sources in compensation for his injuries, does the tortfeasor defendant...Read More

Allocating Fault in a Louisiana Courtroom

A defendant is not always 100% at fault for an accident. Given the circumstances, a third party or even the plaintiff themselves could bear some of the responsibility for the accident or injury. A judge or jury in a Louisiana courtroom...Read More

Pedestrians and Crosswalks: Know Your Rights

One of the most dangerous things that people do every day is cross the road. About 30% of all pedestrian fatalities are related to improper crossing of the roadway at an intersection or crosswalk. Of the pedestrian fatalities at intersections,...Read More

The Causes and Effects of Rollover Car Crashes

A rollover is a type of vehicle accident in which a vehicle tips over onto its side or roof. Rollover accidents are complex crashes that are often extremely violent. According to the U.S. Department of Transportation, rollover crashes account for nearly 33% of all...Read More

Sending a Message: “Texting and Driving Don’t Mix”

Hundreds of thousands of people are injured every year in automobile crashes that are caused by distracted driving. According to the National Highway Transportation Safety Administration, in 2012 alone, 421,000 people were hurt in distracted driving types of accidents. “Distraction”...Read More

Be Careful What you “Like” For: Forced Arbitration is on the Rise

According to a recent article by the New York Times, food companies hare adding language to their websites that giving consumers an alert that they give up their right to sue the company if they download coupons, join it in...Read More

Master of the Universe

Sometimes litigants literally shoot for the stars in the suits they file. Sylvio Langevin, a Quebec man, brought the mother of all frivolous lawsuits, when in early 2012 he filed suit in the Canadian courts seeking ownership of the Earth,...Read More

Why Tort Reform Is a Bad Idea

There is a lot of noise around the concept of “Tort Reform”. But what is tort reform, really? Those who advocate for tort reform use the concept of limiting frivolous lawsuits and protecting medical providers from high insurance premiums, among...Read More

The Obamacare Lawsuit

As you may know, on a pure party-line vote, the House of Representatives voted to sue President Obama over the enforcement of the Affordable Care Act, otherwise known as Obamacare. This vote raises two questions: (1) What is the suit...Read More

U.S. Chamber Sides with Foreign Oil Company over Its Own Members / Refuses to Make Appropriate Disclosures

On a day when the United States District Court finds BP guilty of gross negligence, reckless disregard, and willful misconduct, the U.S. Chamber of Commerce submits an amicus brief to the U.S. Supreme Court, siding with the foreign oil giant over its...Read More

What to Expect after Filing Suit and Before Trial Begins?

Sometimes it is necessary to file suit to recover on a claim for an injury. This is a quick look at what happens after you file suit, so you know what to expect. First, it is important to remember that...Read More

What Does the Pre-Litigation Process Look Like?

When you are injured in an accident, the first (non-medical) step towards recovery may involve a decision to contact an attorney to assist you with asserting a claim and advocating on your behalf. What happens then? The life of a...Read More

Children Left in Hot Cars During the Summer

Recently there has been an increase in incidents with children being left in sweltering hot vehicles. These incidents occur most common when the child is being transported out of the normal routine. For example, the mother usually takes the child...Read More

Blood Alcohol Concentration While Operating a Vehicle in Louisiana

Blood Alcohol Concentration (BAC) is a measure of how much alcohol is in someone’s bloodstream. Law Enforcement has several means of determining the level of someone’s intoxication, however, the BAC is the most accurate measurement of someone’s alcohol impairment. In...Read More

Check Fraud Makes a Comeback – Protecting Yourself

According to the study by the payments company ACI Worldwide and the Aite Group research firm, the U.S. ties with India as the country with the third-highest card fraud rate over the last five years. However, while cyber crimes like...Read More

Insurance Policy Annual Check-Up

It is imperative to review your business insurance policy with your agent/broker on an annual basis. Here are some areas you should concentrate on, but they are by no means all inclusive. You should get your agent to confirm important...Read More

Breach of Contract

Breach of contract is one of the most common causes actions in commercial lawsuits. In Louisiana, the majority of contracts, whether oral or written, between two parties end when the parties fulfill their obligations under the contract. However, it is...Read More

Why Your “Sole Proprietorship” May Be Putting Your Personal Assets in Danger

Many small business owners in south Louisiana, and particularly New Orleans, are formed as sole proprietorships. Under this form of business, there is no separate entity or legal distinction between the business and the person. Sole proprietorships are abundant in...Read More

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Youth and Traumatic Brain Injuries

A traumatic brain injury is a disruption in the normal functioning of the brain due to a bump, blow, jolt or penetrating head injury. Approximately 1.7 million people suffer a traumatic brain injury annually. 52,000 people are also estimated to...Read More

Louisiana Partnerships (General and Limited)

In Louisiana, a partnership is an entity created by written or oral contract between two or more legal persons for the purpose of combining their efforts/resources for a common profit or commercial benefit. Because a partnership agreement in Louisiana can...Read More

Painkillers In The NFL – Profit over Health

On May 20, 2014 a lawsuit was filed in federal court in California by retired players against the National Football League (NFL) claiming that team physicians and trainers illegally provided powerful narcotics and other controlled substances to players on game...Read More

What Management Designation is Preferable For Your LLC?

Great. Business is booming in New Orleans, you have decided to start a new business or convert an existing one and have determined that a Louisiana limited liability company (“LLC”) is the best entity formation for the business and its...Read More

Personal Injury Victims Entitled To Punitive Damages In Drunk Driving Car Accident Cases

Louisiana provides two types of compensation for a person injured in a car accident by a drunk driver – compensatory damages and punitive damages. Compensatory damages are awarded to make a car accident victim whole and put them back in...Read More

Secrets Every Offshore Worker Should Know

Maritime employers spring into action after a serious accident has occurred offshore. Experienced risk managers and maritime lawyers are commissioned to begin defending the company against a claim by an injured offshore worker. Some maritime employers will even go so...Read More

Determining Seaman Status In The Offshore Injury Case

The Jones Act covers any worker who qualifies as a “seaman.” This is true even if the worker’s job is specifically covered under the Longshoremen and Harbor Worker’s Compensation Act. Unfortunately, the Jones act doesn’t define “seaman.” The Supreme Court,...Read More

What Is The Outer Continental Shelf Land Act and How Does It Affect Maritime Injury Claims?

If you work offshore on a rig, you have probably heard of the Outer Continental Shelf Land Act, more commonly referred to as OCSLA. The Outer Continental Shelf refers to the submerged land beginning 3 miles past the shoreline. OCSLA...Read More

Offshore Injury Cases Stemming From the Death on the High Seas Act

There is a special statute that deals specifically with injury cases stemming from deaths that occur on the “high seas.” This statute is called the Death on the High Seas Act (“DOHSA”). Damages for these maritime injury cases include compensation...Read More

Smaller Companies Expanding Into Louisiana Offshore Drilling

The domestic shale boom that has dominated the U.S. oil and gas market in recent years has led larger energy companies to head onshore. The largest lease holder in the Gulf of Mexico, BP, announced in March that it would...Read More

Who Can Be Sued Under the Louisiana Products Liability Act and What Recoveries Are Available?

Claims can be brought under the Louisiana Products Liability Act against anyone in the chain of design, manufacturing, distribution and sales of defective or dangerous products. This is important as many products are designed by one company, manufactured by another,...Read More

Offshore Regulators Vow To Keep Eye On Maritime Employers

Maritime and drilling regulators recently vowed to keep a closer watch on oil companies and contractors that they say are consistently cutting corners on offshore safety. The Coast Guard delivered that message to oil industry representatives on the final day...Read More

Senator Landrieu and Offshore Oil and Gas Leaders Call For More Offshore Drilling

Senator Landrieu has recently challenged the government agency writing the nation’s next 5 year energy exploration plan to expand offshore drilling to federal waters off the East and West coasts and offshore Alaska. Senator Landrieu offered the challenge to the...Read More

Louisiana Ranked Top Maritime State

New data released this year shows that Louisiana ranks first in economic impact from America’s maritime industry. Louisiana’s 54,850 maritime jobs pump more than $11.3 billion into the state’s economy each year. Louisiana’s robust maritime industry includes vessel operators, marine...Read More

Public Alert: New Juror Scams

United States District Court officials released a public alert on July 31, 2014, warning potential jurors about a recent scam seeking personal information. Fourteen federal court districts have reported a new juror scam email fraudulently seeking personal data that may...Read More

The Uber Debate Continues in New Orleans

On July 29, 2014, during the second transportation committee meeting on the subject of Uber and other digital car services, New Orleans City Council members made additional proposals on how to regulate this burgeoning business. Ultimately, however, the committee decided...Read More

New Louisiana Laws Take Effect on August 1, 2014

The start of August marks day one for hundreds of new laws passed in the most recent legislative session. Below are some of the newest laws on the books in Louisiana: Domestic Violence: Domestic abuse is now grounds for an...Read More

Haunted History – Not in My House!

Can you recover damages for living in a haunted house? A Toms River, New Jersey family brought a suit against their landlord to recover their $2,250 security deposit because their “lives would be in mortal danger” if they continued living...Read More

Class Actions and MDLs – What’s the difference?

When people think of cases involving thousands of plaintiffs, they often just assume it is a class action. This is not always the case, and there is increasing preference by the courts away from class actions and towards multi-district litigation...Read More

Deciding Where To Bring A Louisiana Personal Injury Claim

You may not realize it, but you may have a range of options in finding the best venue to file a personal injury claim. There are a number of things to consider in deciding where to bring a personal injury...Read More

Bringing a Products Liability Claim in Louisiana

There are thousands of instances every year where people are injured or killed by dangerous products. Dangerous product claims in Louisiana are governed by the Louisiana Products Liability Act. There are four different types of claims which can be brought...Read More

What to Know When You Suffer A Personal Injury At A New Orleans Business

Premises liability cases generally involve properties or businesses where an unsafe or dangerous condition exists which should have been repaired, replaced, or eliminated. An example of a dangerous condition on a property includes dangerous physical conditions that cause accidents such...Read More

Look Both Ways: Car Accidents, Pedestrians, and Personal Injury

A recent study by Smart Growth America found that from 2003 to 2012, more than 47,000 pedestrians were killed in traffic related accidents while walking in their communities. That number is 16 times greater than the number of people that...Read More

UM Coverage: The Importance of a Safety Net For Potential Car Accident Claims

Victims of a car accident are often stunned, not just by the impact of the crash, but by the at fault person’s lack of adequate liability insurance coverage. In Louisiana, the minimum liability coverage limits required by law can hardly...Read More

New Orleans Slip & Fall Personal Injury Cases: A Merchant’s Actual vs. Constructive Knowledge

In New Orleans and throughout Louisiana, a store owner must exercise reasonable care in keeping his business clean, clear and in a reasonably safe condition. This duty includes a reasonable effort in keeping store areas free of any hazardous conditions...Read More

18 Wheeler Trucks Causing More Accidents And Personal Injury

The Federal Motor Carrier Safety Administration recently reported that the rate of truck accidents, personal injury, and death has been increasing. In 2011, 3757 people died in collisions with trucks, which represents an 11.2 percent increase from 2009. Almost three...Read More

Prevent Personal Injury By Wearing Protective Footwear

Protective footwear helps keep feet safe and prevent personal injury. Steel toe boots and shoes protect your feet and reduce the severity of injuries that may occur in the workplace. In many work places falling and rolling objects, or cuts...Read More

Personal Injury Victims Limited To Suit Against Drunk Driver – Not Servers

Louisiana is the only state in the U.S. that does not have “Dram Shop” laws. For those that are native Louisianians, Dram Shop laws allow an intoxicated person’s victim to sue the person or business that got the injury-causing person...Read More

Facebook As A Tool For Jury Selection In Personal Injury Cases

If you have ever been called for jury duty in a personal injury case, and been through the experience of being questioned by the lawyers during jury selection, you have almost certainly heard some version of this phrase: “Jury selection...Read More

18 Wheeler Trucking Insurance Limits Need To Rise To Protect Personal Injury Victims

The current minimum financial responsibility levels for 18 wheeler trucks and commercial vehicles was set in 1985. The levels for property are $750,000 for transporting property, $5 million for transportation of certain hazardous materials, and $1 million for transportation of...Read More

Fatal Car And Truck Accidents On The Rise In Louisiana

There are almost 48,000 miles of interstate highway in the United States. In 2012, there were 30,800 fatal crashes on the nation’s roadways, 3,702 of which involved at least one large truck or bus. There were also 367,000 nonfatal crashes...Read More

I Suffered A Personal Injury at Work. Am I Limited to Workers’ Compensation?

We often have potential personal injury clients call our office who are hurt on the job. This is no surprise considering that we spend so much time at work these days, often doing strenuous or difficult tasks. Sometimes people are...Read More

Texting And Driving Leads To Car Accidents, Personal Injury and Even Wrongful Death

According to the National Safety Council, 1,600,000 car accidents per year are caused by texting while driving. Nearly 25% of ALL car crashes are caused by texting and driving. Serious personal injury or even wrongful death can result from these...Read More

Bicycling In New Orleans? Beware Of Personal Injury Risks.

It seems like everyday and at every turn, there are more and more designated bike paths throughout the City of New Orleans. After seeing how other cities have embraced cycling as a means of transportation, it is encouraging to see...Read More

Distracted Drivers Lead To Car Accidents, Personal Injury and Even Wrongful Death

One of the most common ways to cause a car accident is to be a distracted driver. Each day in the United states, more than 9 people are killed and more than 1,060 people are injured in car crashes that involve...Read More

Louisiana Businesses Be Aware of the ADA

The Americans with Disabilities Act of 1990 (ADA) is a federal civil rights law that prohibits the exclusion of people with disabilities from everyday activities, such as conducting business at a retail store. Title III of the ADA imposed requirements...Read More

Louisiana Law Now Allows For “Tolling” Agreements In Personal Injury Cases

A tolling agreement is an agreement to waive a right to claim that a case should be dismissed due to the expiration of a statute of limitations. A tolling agreement may apply to a personal injury case, a class action...Read More

FMCSA Strives To Prevent Personal Injury And Wrongful Death Caused By 18 Wheeler Trucks

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration develops regulations to create safe and efficient roadways and prevent personal injury and wrongful deaths. The FMCSA’s mission is to reduce crashes, injuries, and wrongful death involving large 18 wheeler...Read More

Properly Used Car Seats Can Help Reduce The Risk Of Personal Injury To Children From Car Accidents

Car accidents are the leading cause of wrongful death and personal injury to children in the United States. Properly used car seats can reduce the risk of death by as much as 71 percent. It’s up to every parent to...Read More

Water Safety Tips For Kids To Prevent Personal Injury

Summer in Louisiana brings with it families seeking refuge from the staggering heat in sprinklers, pools, and lakes. But if proper safety precautions are not taken, water fun can lead to serious personal injury or even wrongful death. Drowning is...Read More

Summer Boating Safety Tips To Avoid Personal Injury Risks

Louisiana’s seemingly endless waterways offer recreational boaters with lots of opportunities for summer fun. But before venturing out onto the water, consider some important facts and take the time to plan and prepare for boating safety. Doing so will help...Read More

Lawsuit Filed Against General Motors For Defects

A lawsuit was filed against General Motors on Wednesday June 19th in federal court in California. The lawsuit relates to the newly released details behind the roughly 40 recalls of General Motors vehicles that has taken place since February of...Read More

Risks Of Car Accidents And Personal Injury Lead To Another GM Recall

Things have not been going well for General Motors lately, and they only seem to be getting worse. Recently, GM recalled another 3.36 million vehicles worldwide for yet another problem with the vehicles’ ignition that could lead to car accidents...Read More

Seven Automakers Involved in Massive Airbag Recall

Seven automakers, including Honda, Nissan, Mazda, BMW, Chrysler, Ford, and Toyota are recalling certain models of their vehicles due to airbags that are failing to properly deploy causing severe personal injury or even wrongful death. The faulty airbags have been...Read More

NFL Agrees To New Settlement In Personal Injury Class Action

The NFL and attorneys representing current and former NFL players who filed personal injury lawsuits agreed to a new settlement that removes a limit on the total amount of money that might eventually be paid out to former players. Months...Read More

Firework Safety For The Fourth of July Can Prevent Personal Injury

The Fourth of July can be a fun time to make great memories with family and friends. But if you celebrate with fireworks, make sure you use them safely. If not used properly, fireworks can cause serious personal injury to...Read More

Washington Redskins Trademark Cancelled

Here in Louisiana, we understand the closeness that a community can feel to their professional football team. We love our New Orleans Saints. However, controversy currently surrounds the Washington Redskins. Many years ago when the Washington football team nicknamed themselves...Read More

Louisiana Governor At Odds With Common Core Curriculum

Common Core Curriculum is a standard for Mathematics and English that outlines what a student should know at the end of each grade. The standards are developed by states with the hopes that it will allow states to compare their...Read More

Talcum Body Powder, Commonly Found in Baby Powder, Linked to Ovarian Cancer

Cancer prevention organizations, healthcare providers, and medical researchers and experts have raised awareness that talcum powder usage may be linked to the development of ovarian cancer in women. Talc is a mineral that is mined around the world. It is...Read More

Trucker Fatigue Blamed For Tracy Morgan Crash

A Wal-Mart truck driver’s lack of sleep is being blamed for the crash that killed one and left actor Tracy Morgan severely injured. As Morgan recovered in the hospital, officials investigating the crash revealed that the Wal-Mart trucker driver that...Read More

Report Reveals Certain Children’s Toys May Still Contain Dangerous Substances

The U.S. Public Interest Research Group’s (PIRG) 28th annual study of toy safety, released in November 2013, reveals that toys containing dangerous and even toxic substances are still available in today’s market.Read More

Examining the Offshore Oil & Gas Worker Whistleblower Protection Act of 2013

In 2011, Rep. George Miller (D-CA11) introduced H.R. 503 to provide whistleblower protections to certain workers in the offshore oil and gas industry. The Bill has been reintroduced as H.R. 1649Read More

Workers in Offshore Industry Have Highest Fatality Rate

Published September 10, 2013 21:14 In April 2013, the CDC conducted a study of the Maritime Industry that revealed offshore workers in the Oil and Gas Industry are seven times more likely to be killed on the job than workers...Read More

Explosion at Chemical Plant in Geismar, LA

Published June 14, 2013 20:56 On the morning of Thursday, June 13, an explosion occurred at The Williams Companies, Inc. chemical plant in Geismar, Louisiana, which is located in Ascension Parish. The major explosion caused a fire at the plant,...Read More

Important Information about DePuy Hip Implant Recall

Published December 23, 2010 16:45 DePuy Orthopaedics, Inc., a subsidiary of Johnson and Johnson, has recently issued a voluntary recall of their ASR Hip Implant. A large British study determined that the DePuy implants were failing at a much higher...Read More

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