New Orleans Hurricane Insurance Claim Lawyer

Personal Injury

If you suffered harm due to another person’s reckless acts or carelessness, you may be able to recover damages. Generally, to prove liability in a personal injury injury page] lawsuit, you must show that the defendant owed you a duty to act with reasonable care and that the defendant’s behavior breached the duty owed. Your New Orleans personal injury attorney must also show that the breach proximately caused you to suffer actual harm. In other words, you would not have been injured if the defendant had used proper care.

Car Accidents

Car accidents frequently occur throughout the New Orleans area. If you were injured in a car accident that was caused by another driver, you may be able to recover economic and non-economic damages in a civil lawsuit. Economic damages include the cost of your medical bills and, if you were unable to work due to your injuries, lost wages. Non-economic damages include compensation for the pain and suffering that you endured due to your injuries. You may be able to obtain non-economic damages for your loss of enjoyment of life as well.

Truck Accidents

In many cases, truck accidents are caused by a truck driver’s failure to comply with the duties imposed by state law and federal safety regulations. For example, truck drivers have a duty to perform pre-trip and post-trip inspections, and they are limited in the number of hours that they are permitted to drive per day and per week. If a driver violates these rules, and an accident occurs due to the violation, a personal injury attorney in New Orleans can help hold the driver liable for any harm caused by the accident. If the driver was working on behalf of another person or entity at the time of the accident, his or her employer may be liable as well.

Motorcycle Accidents

Many people ride motorcycles as their primary means of transportation. There are risks associated with riding motorcycles, though, since they lack the protection provided by cars and trucks, and other drivers often fail to grant motorcyclists appropriate respect on the roadways. For example, motorcycle accidents are frequently caused by drivers turning left in front of a motorcycle or attempting to pass a motorcycle without sufficient clearance. It is not uncommon for a driver who causes a collision with a motorcycle to attempt to avoid liability by arguing that the motorcyclist was at fault and should be precluded from recovering damages. Under the Louisiana comparative negligence law, however, any liability attributed to an injured person will merely reduce the damages that he or she is awarded.

Premises Liability

Accidents caused by dangerous property conditions may result in significant injuries. For example, people often sustain harm in slip and fall accidents caused by unsafe stairs or sidewalks or by debris or liquid on the ground. People also can be injured by falling objects that were not properly secured. Property owners have a duty to exercise reasonable care to protect people who enter their property. A New Orleans personal injury lawyer can hold a property owner accountable in a premises liability claim for any harm caused by unreasonably dangerous conditions on their property.

Medical Malpractice

Doctors undergo years of education and training to provide them with the knowledge and skills needed to offer competent care. Unfortunately, however, even doctors who are properly trained may provide incompetent care, which can cause their patients to suffer significant impairments. For example, a doctor may not provide a prompt and accurate diagnosis or may fail to advise a patient of the risks of a procedure or medication, which can lead to harm that could have been avoided. A doctor who provided negligent care may be liable for medical malpractice if the injured patient can establish that the doctor deviated from the accepted standard of care, and the deviation proximately caused the patient’s harm.

Product Liability

People regularly use products in their daily lives with the assumption that the products are safe and effective. However, many products not only fail to serve their intended purpose but also harm the people using them. A product may be unsafe due to a defective design, a manufacturing defect, or a failure to warn. If you were harmed by an unsafe product, a personal injury lawyer in New Orleans can help you seek damages from the entities that sold, designed, or manufactured the product via a product liability lawsuit. To prove liability, you must show that the product was unreasonably dangerous when it left the manufacturer and that you did not alter it from its original condition.

Mass Torts

In some instances, a corporation or another entity will cause numerous people to sustain injuries. Under these circumstances, all the victims may seek compensation in a single lawsuit. These cases, known as mass torts, often arise out of harm caused by defective products or drugs, or by catastrophic disasters. Typically, parties pursuing claims in a mass tort lawsuit must show by a preponderance of the evidence that the defendant caused their harm. Proving liability in a mass tort case can be complicated, and it often requires expert testimony.

Work Injuries and Workers’ Compensation

Workplace injuries are often severe and can cause not only substantial medical bills but also a loss of income. If you were injured at work, your employer may owe you workers’ compensation benefits, such as replacement for lost wages, reimbursement for medical bills, and compensation for any permanent impairments. Louisiana has adopted a no-fault workers’ compensation system, which means that you do not need to prove that your employer was at fault to recover benefits. Instead, you must prove that you were injured in the course and scope of your employment. If you were injured at work, it is important to report your injury as soon as possible, since there are strict deadlines for filing a workers’ compensation claim.

Asbestos and Mesothelioma

Mesothelioma, a cancer caused by exposure to asbestos, is one of the most prevalent occupational illnesses. Generally, people are not diagnosed with mesothelioma or other asbestos-related illnesses until decades after their exposure to asbestos. Claims for damages caused by mesothelioma differ from other personal injury claims, however, in that the statute of limitations does not begin to run until the date of the diagnosis, rather than the date of the exposure. Anyone suffering from mesothelioma has one year from the date of their diagnosis to file a lawsuit for damages with the assistance of a personal injury lawyer in New Orleans.

Insurance Disputes

Consumers may assume that if they purchase insurance, any damages caused to an insured property will be covered by the policy. Not all claims are covered, however, and insurance companies often dispute claims based on the policy language. Even if a claim is covered, insurance companies do not always honor their obligations and may refuse to pay benefits or cause significant delays in the evaluation of a claim. If your insurance company denied benefits without justification, you may be able to pursue the benefits that you are owed in addition to damages caused by your insurer’s bad faith.

Hurricane Insurance Claims

Many people who live in New Orleans buy insurance to protect their property in the event that they sustain hurricane damage. Whether damage caused by a hurricane is covered under an insurance policy depends on the terms of the policy. Generally, you must show that the damage was caused by the hurricane, rather than some other factor, and that you are not barred from recovering compensation for the damage via an exclusion in the policy. Hurricane insurance policies are often complex, so you may want to ask a lawyer to analyze the terms of your policy and explain your rights under it.

Contact an Experienced Personal Injury Attorney in New Orleans

Unexpected injuries can cause emotional and financial burdens that last long after any physical harm has healed. If you were injured in an accident, you should speak to an attorney regarding your potential claims. Attorney Jeffrey P. Berniard at the Berniard Law Firm is a dedicated attorney who will gather the evidence needed to develop compelling arguments to help you pursue the most favorable outcome available under the facts of your case. Mr. Berniard represents people throughout Louisiana. You can contact us via the online form or at (504) 521-6000 to schedule a confidential and free consultation.