TORNADO DAMAGE INSURANCE CLAIMS

This year has been one of the most devastating tornado seasons on record.  Alabama, Louisiana, Missouri, Mississippi and Tennessee each have seen massive property damage caused by tornados.  The strength and number or tornados documented this year have also been staggering.  There have already been five F5 strength tornados documented this year in the United States, the most in modern history. 

The property damage caused by these massive twisters and other tornados can be catastrophic and often results in a total loss to the property owner.  Alabama, Louisiana, Mississippi, Missouri and Tennessee residents who suffered property damage from this violent tornado season are now are seeking to rebuild their homes and lives.

FEMA has set up a temporary residence in both Missouri and Alabama and is currently offering assistance to those citizens who are in need of federal assistance to help them rebuild their residence and/or business.

Unfortunately, insurance companies all too often will fail to properly adjust their insureds property damage claims, leaving them left with little option in their time of need.  In such instances, it is imperative that the homeowner / business owner contact an experienced lawyer who can handle their claim.

Richard Voorhies, Attorney at Law, has the requisite knowledge and experience to assist you with your insurance claim.  If you are not happy with the manner in which your insurance company is handling your property damage claim, call Richard today for a free consultation.

A tort is a wrongful action, not including a breach of contract, which causes personal injury to another.  In the realm of personal injury lawsuits, causes of action arise either out of a defendants negligence or his intentional misconduct.  An intentional tort occurs when the defendant either desires to bring about a personal injury or is substantially certain that a personal injury will follow from his conduct.   Personal injuries arising from an intentional tort can invlove all types of personal injuries, including those which result in death.  That is, a wrongful death lawsuit may also arise out of an intentional tort. 

But one who suffers a personal injury as a result of anothers intentional misconduct may also seek recovery for damages caused to his person, emotions, or reputation.  Thus, a personal injury arising from an intentional tort need not include physical harm to the victim.  For instance, Louisiana law recognizes personal injury liability for various legal claims not involving a physical injury, such as assault, intentional infliction of emotional distress and defamation.  Regardless, under Louisiana law, a defendant may be liable for all damages which arise from his intentional tort, including those damages which may have been unforeseen. 

In addition, because of the strong public policy against intentional misconduct, Louisiana law allows a victim of an intentional tort, generally speaking, to pierce the worker's compensation veil of tort protection.  In other words, the usual worker's compensation bar to tort suits may not necessarily apply to legal claims arising from intentional torts. 

Louisiana Personal Injury Lawyer,

Richard Voorhies

Personal Injury:  Toxic Tort

A toxic tort is a legal term of art covering a wide array of personal injury claims including cases involving toxic mold, chemical exposure, products liability, real estate/construction remediation and environmental law claims.  These cases typically turn on expert testimony in the particular field at issue and can be won or lost in the discovery phase of the litigation.  Victims of toxic torts often require specialized medical treatment and long-term health care.  Unlike most personal injury cases, the health issues involved in toxic tort cases may be latent and unknown to the victim for months or even years.  In these long-term latency exposure cases, it is imperative that the victim receive proper medical treatment.  

Because of the complex sets of fact typically involved in toxic tort personal injury cases, expert testimony is often required in order for the plaintiff to sustain his/her burden of proof.  For example, in cases involving a chemical release, it may be necessary to employ a toxicologist to analyze the particular chemical components at issue to determine the potential long-term health effects, if any, resulting from the exposure.  In the same case, however, it may be necessary to employ a forensic scientist to help reconstruct the environment in which the exposure occurred. 

In addition, the legal standard or burden of proof in toxic tort cases often varies from that of run-of-the-mill personal injury claims.  For instance, in some exposure cases, like those involving the release of hazardous chemicals, there may be a strict liability burden placed on the defendant.  Similarly, in long latency exposure cases such as those involving asbestos exposure where the plaintiff may be suffering from debilitating injuries such as mesothelioma, the manufacturer of the asbestos product may be held strictly liable for injuries resulting from its product.  Whereas, the supplier or seller of the same product may be held to a lesser standard, one which often requires that the plaintiff show that the defendant had constructive knowledge of the dangers associated with the particular product.

In sum, there is a litany of types of personal injury toxic tort cases and, as such, it is important to consult with an attorney/lawyer regarding your particular claim as soon as you realize that you may be suffering from injuries as a result of a toxic exposure.

Richard Voorhies, Attorney at Law, has handled toxic tort cases throughout Louisiana involving toxic mold exposure, chemical inhalation, construction defects and remediation claims.  Richard represents workers, homeowners and other aggrieved individuals in tort, product liability, occupational injury disease and other catastrophic personal injury cases.  Richard has worked with a myriad of healthcare specialists and experts on these cases and understands the strategies involved in complex litigation.

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Email:  richard@richardvlaw.com
New Orleans, Louisiana
1515 Poydras St., Suite 1400
New Orleans, Louisiana 70112
504-636-3299
337-288-1280‎ Mobile
504-523-0699 fax

PERSONAL INJURY:  Premise Liability

Generally speaking, under Louisiana law, a premise owner is liable for damages sustained as a result of an unreasonably dangerous condition existing on his/her property.  In Louisiana, this precept is known as premise liability and arises out of principles of negligence and equity. 

The standard of proof required in premise liability cases is not uniform rather, it varies on the set of facts surrounding the particular claimant's personal injury.  As in most personal injury cases, the initial burden rests with the injured person to establish a prima facie case.  In the slip and fall context this usually means that the injured party must show (1) that an unreasonably dangerous condition existed on the property (2) that the premise owner knew or shouldve known of the condition and (3) that damages resulted from that  condition.    

For instance, let's assume that the particular personal injury claim stems from a slip-and-fall occurring at a New Orleans, Louisiana Wal-Mart. Louisiana law, generally speaking, provides that the injured person may recover for his/her injuries provided that they can show that the premise owner had actual or constructive knowledge of the unreasonably dangerous condition.  Constructive knowledge, as used in this context, simply means that the owner either knew or should've known of the existence of the dangerous condition.  Although this concept seems relatively elementary at first glance, Louisiana jurisprudence is riddled with cases interpreting this standard.  Did Wal-Mart have an attendant on duty surveying the area?  Was the area prone to spills?  Etc.  These are just some of the types of facts which may be material in any given slip and fall case involving premise liability. 

If on the other hand, the personal injury suffered was the result of a toxic exposure occurring on another's premises, the injured party's burden of proof may be lessened.  In some instances, like cases involving hazardous materials, Louisiana law has found that premise owners may be strictly liable for the plaintiff's injuries.  But again, this is not a hard and fast rule but rather turns on a multitude of factors.

If you or a loved one has suffered a personal injury as a result of an unreasonably dangerous condition existing on someone else's property, you should contact an attorney/lawyer as soon as possible to discuss your potential case.  Remember, in most instances you will have only a year to bring a potential claim. 

Personal Injury Lawyers:

How to search online for the right one??

When looking online for a lawyer who can help you recover damages for injuries you may have sustained as a result of someone elses negligence or intentional misconduct, dont make the common mistake of simply using a generic term like personal injury lawyer to find your attorney.  Just because an attorney holds himself out as a personal injury lawyer does not mean that he is well equipped to  handle your particular personal injury claim.  A personal injury lawyer is nothing more than a term of art used in the legal context to describe an attorney who handles legal claims which involve injuries to one's person or reputation.  Personal injury cases can vary from a run of the mill auto accident, to a chemical exposure, to a claim of defamation.  And not every personal injury lawyer is experienced with every type of personal injury claim.  For that reason, when searching online for an attorney who can represent you in your personal injury claim, you're probably better off searching for a lawyer who has handled cases involving your type of personal injury claim.  

For instance, a personal injury lawyer whose practice involves mainly car or auto accidents may not be the most qualified attorney to handle your medical malpractice case.  Similarly a medical malpractice lawyer may not be the best one to advise you as to how to handle your auto accident claim.  As such, its probably a good idea to be as specific as possible with your online search.  Now, that is not to say that you should feel compelled to refine your search for a personal injury lawyer by using legal jargon.  Rather, simply describe the nature of your injury within your particular search when searching for an attorney who has experience in handling cases like yours.

For example, let's say that you sustained a back injury as a result of a rear-end collision and are searching online for a personal injury lawyer who can represent you against the negligent driver and his insurance carrier.  Let's also assume that Google is your preferred online search engine.  Instead of simply typing in personal injury attorney in your Google search, try using a more specific set of search terms, like auto accident back injury lawyer.  Youll find that by refining your online search youre more likely to locate the right attorney for your particular personal injury claims. 

In addition, it's also a good idea to geographically narrow your online search.  If the car accident in the above mentioned hypothetical occurred in New Orleans, Louisiana, then you may also want to include New Orleans as the geographical designation for your search.  Although search engines like Google and Yahoo often include search results found within your nearby geographical location, it is nonetheless recommended to be as location specific as possible with your online search.

Finally, many search engines offer their users a local search feature.  This feature can be particularly useful to individuals who are searching for a personal injury attorney in a city in which they are not familiar.  If, for instance, you were searching for a personal injury attorney who handles worker's compensation cases in Baton Rouge, Louisiana, you could utilize Yahoo's local search feature, which would automatically refine your search to only those attorneys who have an office in Baton Rouge, and who handle worker's compensation cases.

Of course, these are merely my personal recommendations to those who are searching online for the right personal injury lawyer to handle their case.

I recently compiled a few frequently asked questions concerning Personal Injury cases that may assist you in answering some of your questions. For more specific answers to your particular case, feel free to give me a call - I would be happy to answer all of your personal injury or other law related questions.

Best Regards,
-Richard
Personal Injury Attorney at Law
New Orleans, Baton Rouge & Surrounding areas

FREQUENTLY ASKED QUESTIONS:  PERSONAL INJURY

There is no underestimating the traumatic effect and devastating impact that suffering a personal injury can have on your life.  To be sure, dealing with your personal injury can be both mentally and physically overwhelming, which is one reason Richard Voorhies, Attorney at Law, strives to make the experience of litigating your personal injury claim as painless as possible.  Whether you, a friend or a loved one, has suffered injuries as a result of someones negligent conduct, Richard can offer help. 

Below are some frequently asked questions regarding personal injury claims which may provide insight as to your prospective legal rights regarding your personal injury.  It is important, however, that you recognize that the information provided below is NOT legal advice and, as such, you should contact an attorney/lawyer to verify its accuracy and applicability to your personal injury case.

1.       How long do I have to file a personal injury claim??

Well, thats a difficult question, and one which is heavily litigated and scrutinized by attorneys throughout Louisiana.  The short answer:  it depends on the type of personal injury claim.  In most auto accident personal injury cases, for example, you have one year from the date of the accident to bring a claim.  This however is not a hard and fast rule and there may be exceptions depending on your particular injuries.  If, for instance, your personal injury case arises out of medical malpractice, you likely have one year from the date on which you discovered, or should have discovered that your personal injury may have been caused as a result of malpractice.  As you can see with these two examples, the best course of action is to contact an attorney about your potential personal injury claim as soon as possible and at the latest, within one year from the date of your injury. 

2.       Car Accidents:  What if I dont have any auto insurance?  Can I still recover for my injuries?

Louisiana has a no pay/no play policy with regard to auto insurance coverage.  That means that in order to recover for your damages related to an auto accident you must have the statutorily authorized minimum amount of auto insurance coverage.  But it may still be possible for you to recover for your injuries even if you dont have the minimum amount of coverage.  If your personal injury resulting from the auto accident requires medical treatment in excess of $10,000, you may be able to recover for your damages without having auto insurance.  That is, Louisiana's no pay/no play law only precludes recovery of the first $10,000 worth of damages for those who do not have their own auto insurance. 

3.       Is it important to have uninsured motorist?

ABSOLUTELY!  I cannot overemphasize the importance of having uninsured motorist coverage.  I have seen all too many times personal injury cases involving auto or car accidents where the negligent driver had no auto insurance.  In such a case, the only recourse for the injured person is to sue the driver personally.  But, as you might imagine, recovering monetary compensation in such an instance can often prove unsuccessful.  With uninsured motorist coverage under your auto policy, your insurance company essentially will stand in the shoes of the negligent driver and pay you for your damages relating to your auto accident. 

4.       If I fall on someone's property and injure myself are they responsible for my damages?

Louisiana law, generally speaking, provides a remedy for an injured party who sustains his/her personal injury because of an unreasonably dangerous condition existing on someone else's property.  Premise liability is simply another form of negligence law.  And as such, liability usually turns on whether the premise owner knew or should have known of the unreasonably dangerous condition which caused your personal injury.  But like most cases, this area of the law is not clear cut, and the facts surrounding your particular personal injury case will dictate whether the premise owner is liable for your damages.

Re-published from my site, Personal Injury FAQ

I got a call the other day from a woman was in an auto accident and who wanted to know whether I could help her.  She said that she suffered a personal injury as a result of an auto accident but was told by another attorney that she had no case.  Apparently, the driver who hit her was uninsured and, according to the car owners insurance carrier, did not have permission to drive the vehicle.  She said that the lawyer told her that since she did not have uninsured motorist coverage, and because the owner of the vehicles insurance carrier had already denied coverage there was nothing he could do. 

Well, even in the event that there is no insurance coverage for the auto accident, a victim of an auto accident still has the option of suing the negligent driver personally in order to obtain compensation for her injuries and mental anguish.  Of course, trying to monetarily recover from a person who doesnt have auto insurance can often prove to be difficult, if not impossible which if I had to guess was probably the reason why my now client was turned away by the first lawyer she visited. 

After doing some legal research of my own, however, I decided to take her case.  My research showed that Louisiana law disfavors insurance exclusions based on lack of permissive use.  You see, here, the insurance company of the driver's vehicle claimed that coverage did not apply because the driver neither had express nor implied permission to drive the vehicle.  What I discovered after researching this issue is that whether such permission existed is a question of fact.  And simply because an insurance company says that the negligent driver did not have the requisite permission does not make it true.  The ultimate determination of whether coverage was exists is left for the trier of fact (judge or jury) and, based on the caselaw which I reviewed, often goes in favor of the victim of the auto accident which, if you think about it, makes good sense.  Sure, if the car was stolen, I can understand why the owner of the vehicles insurance carrier should not be on the hook.  But otherwise, what's implied permission??  It would appear to me that, unless a car is stolen, the driver has implied permission.  Of course, I might be biased.

So, I took the case and filed suit and well see what happens.  If nothing else, I researched an area of the law which undoubtedly I will encounter again in my practice and forged a relationship with a new client.  My point is, you never know how these things may turn out.  Maybe this case has the perfect set of facts around it for a judge to issue a ruling that denying insurance coverage because of a lack of implied permission from the owner is against public policy? 

Richard  

It appears that the Chinese drywall issues may just be beginning in Louisiana.  Louisiana public officials are keeping close tabs on the Chinese drywall issue, which it would appear, has already infiltrated New Orleans and its surrounding areas. 

According to Assistant Health Secretary Dr. Rony Francois, reports say that as much of 60 million pounds of the defective Chinese drywall product may have entered the state, an amount which would be enough drywall for approximately 7,000 homes. 

Apparently this Chinese drywall was imported to the U.S. sometime between 2004 and 2005.  Although the majority of Chinese drywall likely landed in Florida, many reports indicate that Louisiana received the second largest shipment of the defective product.  But it still remains unclear the exact contaminants which exist in Chinese drywall.

According to University of New Orleans toxicologist Dr. Patricia Williams, the drywall appears to release three types of dangerous gasses; namely, sulfur dioxide, hydrogen sulfide and carbon disulfide.  The inhalation of these gases can cause an individual personal injury by adversely affecting heart, lung and neurological functions.

In addition to the personal injury health issues, Chinese drywall may also cause severe damage to your home because of its corrosive properties.  As a corroder, Chinese drywall can destroy the copper wiring in a home, and may require sheetrock replacement throughout the home.  Reports claim that Chinese drywall, when exposed to humid air, may leave a rotten egg smell resonating in the home.  But at this point, not much is clear as to exactly how to identify Chinese drywall and its potentially devastating effects.

To discuss the issue of Chinese drywall in more detail, call Richard Voorhies, Attorney at Law for a free consultation: 

New Orleans:  504 636 3299

Baton Rouge:  225 202 9222

Lafayette:  337 288 1280