Archive for the ‘Personal Injury’ Category

Doubletree Hotel Parking Management Services, Inc. Personal Injury Lawsuit Filed

August 18th, 2014 | Posted in Personal Injury by Seth Bloom | No Comments »

Photo courtesy of www.expedia.com

Photo courtesy of www.expedia.com

A lawsuit has been filed against Parking Management Services Inc. after a woman was injured while picking up her vehicle from valet parking. Bridget Salela filed the suit for a 2013 injury which she claims caused her severe damages. The incident occurred at the parking lot of the New Orleans’ Doubletree hotel.
Salela was retrieving her vehicle from valet when she reports she warned the attendant to refrain from opening her trunk. She then claims that the attendant did not heed her persistent warnings and a spare car battery stored in her trunk slammed onto her foot as a result.

Salela reports that the company’s negligence caused serious injury. The plaintiff has accused the company of several things including failing to properly train employees and failure to take reasonable actions to prevent objects from falling from the vehicle. As of now, the victim is seeking compensation for the permanent injuries she sustained. She is suing for suffering, medical bills, permanent disability, disfigurement, mental anguish and emotional distress.

When a person sustains an injury, lives can be changed in the blink of an eye. Irreversible damages can result after injuries are sustained. Often times, legal needs can be lost during the time of an injury, as everyone’s time and energy is consumed with making sure the injured party is taken care of medically. Although the well being of the victim is priority, this can cause problems getting the money necessary for fair compensation.

Personal injury claims can only be filed a set amount of time after an accident. It is important to hire an attorney who is well versed in personal injury proceedings. Attorneys can often times take the proper steps to get victims the compensation they rightfully deserve.

An attorney can help build your case and come up with reasonable compensation for injuries. In Louisiana, personal injury victims are entitled to money for medical expenses, lost wages, and future lost earnings. Additionally, pain and suffering compensation may be available to the injured party. The family of the victim may also be entitled to damages for losses. If a party’s intentional bad conduct caused injuries, then the victim can be awarded compensatory in any amount a jury sees fit.

Personal injury cases can be a nightmare for a victim who needs help. Bloom Legal can help you through the process of getting the money you deserve. We are well equipped to settle your claim outside of court, or take it to trial to get fair compensation. We know how to deal with the insurance companies who often times find ways to pay victims less than they deserve.

If you or someone you know has been injured after a personal injury call Bloom Legal at 504-599-9997 or email us at info@bloomlegal.com for a free consultation. We can help advise you on the best course of action to ensure you get the compensation you deserve.

Texas Man Arrested for Negligent Homicide, DWI, Hit and Run

July 25th, 2014 | Posted in DUI/DWI, Personal Injury by Seth Bloom | No Comments »

Photo courtesy of www.nola.com

Photo courtesy of www.nola.com

A recent auto accident caused by Joseph Hicks outside of Empire, Louisiana left Davy Bowers, 19, dead. Hicks reportedly crossed the median on LA 23 and struck Bowers’ truck. A third car could not stop in time and rear ended Bowers’ truck.

The accident, claiming one life, occurred around 3 o’clock in the morning. Although it is Louisiana law that members involved in an automobile accident must stop to exchange information, Hicks fled the scene.

Police swiftly found Hicks and took him into custody. Hicks was charged with DWI, hit and run, negligent homicide, traveling the wrong way, no seat belt, and an expired driver’s license. Toxicology screening of the deceased is underway as a routine regulation and police are waiting on test results from Hicks’ blood.

Hicks was charged with a DWI which means he is susceptible to both civil and criminal liability. The drunk driver can be expected to pay for compensatory damages, resulting from injuries and lost wages, as well as punitive damages, which are assessed to deter others from driving drunk.

In Louisiana, negligent homicide can carry serious penalties. Negligent homicide occurs when careless actions cause a death. Hicks was charged with negligent homicide because the act that caused the death, driving drunk, broke a law. Hit and run charges occur when a party fails to stop after an accident that caused property damage or death. Hit and runs can be a nightmare for the victim. In order to seek retribution for damages, the victim will often have to prove the identity of the driver. If identity cannot be proven, drivers will often have to seek compensation from their own insurance agency.

An attorney can help establish the identity of a hit and run driver using evidence and police reports taken during the time of the accident. If no identity can be established, an attorney can also help file an uninsured motorist claim. Due to the way insurance agencies operate, victims can often get swindled out of fair compensation. However, an attorney can help you get a settlement you deserve.

If you or someone you know has been involved in a car accident involving a drunk driver, call Bloom Legal today. We will help you weigh your options and establish the best course of action given your circumstances. Call 504-599-9997 to schedule a legal consultation with one of our attorneys.

Actor Tracy Morgan Critically Injured in Auto Accident Over Weekend

June 9th, 2014 | Posted in Personal Injury by Seth Bloom | No Comments »

Truck driver, Kevin Roper, that hit Tracy Morgan limo bus

Truck driver, Kevin Roper, that hit Tracy Morgan limo bus

The bus driver that critically injured comedian, actor Tracy Morgan over the weekend, turned himself in and is being charged with death by auto and 4 counts of assault by auto. The driver, Kevin Roper, was driving an 18-wheeler truck when he rear-ended Mr. Morgan’s limo bus, killing Morgan’s mentor and friend, James “Jimmy Mack” McNair and injuring several others in the six car pileup. The driver claims to have been awake or over 24 hours and failed to see traffic slowing on the New Jersey turnpike when he hit the limo bus.

Morgan’s condition is listed as critical, but stable. As of June 9th, Mr. Roper is facing a bond of $50,000 and a court date on Wednesday.

If you or someone you know is injured in an auto accident, give Bloom Legal a call at 504-599-9997 or email us at info@bloomlegal.com.

Why You Can’t Trust Your Insurer After an Auto Accident

May 25th, 2014 | Posted in Personal Injury by admin | No Comments »

Insurance is required for drivers, so motorists will pay premiums to an insurance company who will then pay for losses in the event of an accident. The specific insurance coverage you need to have may vary by state, with some drivers required to buy no-fault coverage although this is not mandated in Louisiana. Drivers may also be required to buy collision insurance by a car loan lender or may choose to buy it to protect themselves from loss.  

Auto Accident

Every driver, however, must have liability insurance coverage to pay for losses that the motorists causes others to experience if the policy older causes an accident.  Liability insurance kicks in if the driver does something wrong and is sued or has a claim made against him for compensation for losses.   If the driver who causes a crash does not have liability insurance as required, the victims of the collision may be forced to seek compensation from any uninsured or underinsured motorist policies available from their own insurer.

Dealing with an insurance company is never fun, and you should not assume that the insurer who provided your insurance policy will be eager and willing to help you get the money you need to cover your losses. In fact, as a new report from the American Association for Justice shows just how underhanded insurance companies can be when lying to customers and trying to maximize their profits.  You need to protect yourself from this behavior, and hiring a New Orleans auto accident attorney is one of the smartest ways to ensure you have a knowledgeable professional standing up to the insurer on your behalf. 

Insurers Cannot be Trusted

According to the American Association for Justice, the average profits within the U.S. insurance industry exceed $30 billion.  Yet, despite these massive profits, insurance companies want to do everything they can to hold onto income and premiums and to pay out as little as possible. Major insurance companies have patterns of denying claims, delaying payouts to make people desperate for cash, and trying to settle cases for much less than the claims are worth.

Some of the dishonest practices that insurance companies engage in to try to underpay or avoid paying policyholders include:

  • Claiming that the loss is not covered, such as one accident where a 60-year-old woman was denied payouts on her $2 million policy because the incident that harmed her was not an “accident.” The insurer claimed that since the driver who caused the collision was acting because of deliberate road rate, the insured’s policy didn’t apply and the policyholder was out of luck for extensive medical bills. 
  • Offering incentives for denying or delaying payouts. Insurance company employees reportedly receive incentives like pizza parties and gift certificates in order to keep payouts low or avoid making payments.  
  • Delaying until the policyholder dies. If the victim policyholder is no longer alive to make a claim for covered losses, this may let the insurer off the hook. While this is an especially big problem with long-term care insurance, it could also become an issue after motor vehicle collisions and other incidents where a victim experiences a potentially fatal injury. 

These are just some of the many reasons listed in the AAJ report showing why insurers cannot be trusted. Stand up for your rights when dealing with the insurers by contacting the New Orleans auto accident law firm of Bloom Legal today.

Lab Tests Mistakes Can Happen

May 5th, 2014 | Posted in Personal Injury by admin | No Comments »

Lab Mistakes

When a person is arrested for driving under the influence of drugs or alcohol, the evidence against that individual often includes a blood or a urine test.  These tests are often viewed as strong evidence by juries in drunk driving cases, because people in general tend to have a lot of faith in the science behind lab testing. 

Unfortunately, however, the labs that read the results and determine if someone is impaired or not can make mistakes. This means innocent people’s lives could be impacted by a lab error that results in a conviction for drugged or drunk driving.  Evidence from lab tests can and should be called into question as part of a vigorous defense in many drunk driving cases, and those who are arrested should seek assistance from a qualified New Orleans DUI attorney. 

Lab Test Mistakes Can Happen in Drunk Driving Cases

It is important for an accused DUI offender to remember that physical evidence like blood and urine test results should not just be accepted without question.  The evidence of lab errors is not all that rare, and you do not actually have to prove that the lab did something wrong in order to avoid a jury convicting you.  

Since the prosecutor has the legal burden of proving that you are guilty of violating drugged or drunk driving laws, all you need to do is introduce reasonable doubt.  Raising questions about whether the test was conducted correctly or the results read properly is one possible option for introducing doubt under the right circumstances. 

Just recently, for example, CBS reported that there were 9,000 defendants in DUI cases who received notification about crime lab blood test errors. 

The Orange County Crime Lab in California uncovered mistakes within the lab, which affected as many as 200 DUI cases. Uncovering the error was expected to clear the names of around 20 people. While this may not seem like a lot of affected people, this is 20 individuals who faced potential jail time, large fines, ruined reputations, a suspended license and a costly increase in their insurance premiums. 

No one should have to go through a DUI conviction on the basis of faulty evidence, and a New Orleans criminal defense law firm can fight for your rights and help to raise doubts about potentially faulty evidence so you may be able to avoid a conviction..

The crime lab uses two different machines to analyze blood samples.  The results are averaged from both machines to determine the blood alcohol content (BAC) that will be presented to the jury in a DUI case.  The problem was that some of the data entered into the computer was not properly saved, resulting in BAC readings that were not necessarily accurate. 

The incident is an important reminder that machines and computers are not infallible, especially when they rely on human interaction like entering and saving data.  You should never assume that you will be convicted of drunk driving just on the basis of what a BAC test or other lab result reads, and instead should consult with a New Orleans criminal defense law firm for help defending your rights or negotiating a reasonable plea deal. 

Bloom Legal is your Mardi Gras Lawyer

February 21st, 2014 | Posted in Drugs, DUI/DWI, Personal Injury by Seth Bloom | No Comments »

krewe-of-rex-mardi-gras-parade If you or someone you care about gets in trouble during Mardi Gras we at Bloom Legal can help. Mardi Gras promotes a lot of drinking and revelry, which often leads to arrests and injuries. One of the most common arrests during Mardi Gras is drinking and driving or a DWI in Louisiana. We strongly suggest using a designated driver or taking a taxi cab but if you do get arrested for suspicion of drinking and driving then we can help. We can assist getting a defendant out of jail as well as continuing to represent them through the entire process even if the defendant is not local. The earlier you call us at Bloom Legal the better we can represent you, in order to prevent you from getting a conviction for DWI and to help you avoid getting your license suspended. In addition, many people get arrested for what I call “party crimes” like public intoxication, disturbing the peace, resisting arrest, lewd conduct, assault and even battery. Our office is set up to handle these cases for both local and out of town clients to make the process as convenient as possible. We can assist getting clients released from Orleans parish jail or any jail in the greater New Orleans area. After we are able to secure release for the client we can then continue with full representation. We are able to assist clients using phone, fax and email to make this already difficult process a bit easier.
Bloom Legal also helps clients with injuries if they are injured in an auto accident or any other sort of injury or tort that may occur in Louisiana during Mardi Gras season. If you are injured in an accident Bloom Legal can help assist in getting you medical treatment and aggressively defend you against the person or business that caused your injury. In all the confusion of parades, alcohol, excitement and traffic Bloom Legal is set up to help you navigate through the legal world here in New Orleans during the busy Carnival season. We are your attorneys In New Orleans during Mardi Gras. We are ready with a 24 hour answering service to help your needs 24/7. 504-599-9997.Mardi Gras Parades

What to Do In Case of a Personal Injury

February 20th, 2014 | Posted in Personal Injury by admin | No Comments »

After an auto accident, it can be really difficult to understand what you should do to protect yourself.  By taking certain steps when you get hurt, you can maximize the chances of being awarded monetary damages for your losses so you don’t face financial hardship because of someone else’s carelessness or wrongdoing. Our Personal Injury video provides important information that can help you to protect your right to full compensation.

After a Car Accident 

After a personal injury, a New Orleans auto accident attorney can deal with the insurance companies on your behalf and can help you to pursue a damage claim against a driver who was responsible for causing you harm. Calling a lawyer as soon as possible is a smart choice, but you also need to know what to do in the immediate aftermath of an accident when you are still at the scene.

The video Personal Injury provides some important tips for steps to take after you suffer an injury. For example, you should:

  • Call an ambulance right away: Taking care of yourself and the passengers around you is important.
  • Contact the police: The police will write up an accident report that contains details about the crash and about any suspected causes of the collision. This can be invaluable in the event that a settlement is negotiated since the police report can help you to prove the cause of the crash.
  • Make accurate statements: You need to be honest about what occurred at the scene of the accident and ensure you don’t change your story as inconsistencies could potentially be used to call the cause of the accident into question. Don’t volunteer information beyond what you are asked and don’t talk to the insurance company until you have a New Orleans auto accident attorney representing you. Your attorney will help you to ensure you don’t say something to an insurer that could jeopardize your right to full compensation.
  • Take photographs of the scene of the accident. You probably have a cell phone camera in the car with you and can take pictures at the scene.
  • Get the contact information of witnesses. If there is a dispute about the cause of the accident, witness statements could help you to prove who was to blame so it will be easier to obtain auto accident compensation.

These are just some of the different steps that you should take to protect yourself. When you make a personal injury claim, the case may be resolved outside of court. The stronger your evidence, the more likely it is the insurance company will offer you a fair settlement because the insurer will believe you likely could prevail in court.  Strong evidence can also help you to convince a jury to award you damages.

A New Orleans auto accident attorney can help you to pursue your claim for compensation so you have the best chance of receiving full monetary damages regardless of whether your case goes to trial or is resolved in settlement negotiations. Watch our Personal Injury video or call today for more information on how we can help you.

Personal Injury- Auto Accidents

December 10th, 2013 | Posted in Personal Injury by admin | No Comments »

Allstate Insurance has released its 2013 America’s Best Drivers Report, which ranks cities based on the risks of accidents in each location. New Orleans, unfortunately, ranked number 156 out of 200 cities, with crashes 28.1 percent more likely to occur than the national average. Based on Allstate’s claims data, drivers in New Orleans could expect an accident to happen every 7.8 years as compared with every 13.9 years in the safest city in the U.S.

The New Orleans auto accident law firm of Bloom Legal knows that car accidents happen every day and that, unfortunately, people are frequently injured in these crashes. To make sure you get the compensation you need after a crash happens, it is a good idea to talk to a New Orleans auto accident attorney. You can also watch our video on BloomLegalTV to learn more about what to do after a car crash happens.

What to Do After a Car Crash Occurs

After a car accident, our New Orleans auto accident law firm advises drivers and passengers involved in the crash to:

  • Contact an ambulance if necessary and get life-saving care. This is always the first priority, as taking care of your health matters most.
  • Contact the police and obtain an accurate report. The police report could be used as evidence of how the accident happened, which you may need to be compensated for your injuries.
  • Provide accurate information to the police. Don’t volunteer unnecessary details or accept responsibility- just be truthful about what happened.
  • Obtain contact information from witnesses.  You may need them to testify about how the crash occurred in case there is disagreement about who is to blame.
  • Take pictures to document the crash scene and to demonstrate the cause of the crash. This can also be useful in helping to prove how an auto accident happened.
  • Get prompt medical treatment, You should have your injuries documented so you can prove they occurred because of the car crash. Getting checked out by a doctor is always a smart thing to do after a crash even if you don’t think that anything is wrong because not all ailments have immediate symptoms.
  • Contact a New Orleans auto accident attorney. At Bloom Legal, we help you to understand your rights and to pursue a legal claim for compensation.
  • Undergo treatment needed to recover. Our attorneys can also assist in making sure you get top-notch medical care including physical therapy and chiropractic treatment if necessary.
  • Obtain the compensation you deserve. Your car accident losses should all be covered in full for any damage sustained as a result of the crash. These losses should be paid by the insurance company representing the person who caused the accident.

The information on Bloom LegalTV will help make sure you take the right steps after your accident so you don’t jeopardize your right to compensation after a car crash. Ultimately, the best option you have is to contact our New Orleans auto accident law firm to get personalized individual help with your case. We’ll handle the legal issues for you and get you the money you deserve.

Have a Safe Halloween Weekend from Bloom Legal!

October 25th, 2013 | Posted in Personal Injury by Seth Bloom | No Comments »

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Halloween in New Orleans is one of the bigger event weekends in the country. People come from all over to flock to the streets and enjoy the wide variety of different parties and events happening this weekend.

With this holiday it also means that police presence will be increased in highly populated areas for misdemeanors and DWI. Please be safe this weekend and enjoy all of the events the city has to offer.

If you or someone you know gets arrested this Halloween weekend, give Bloom Legal a call at 504-599-997 or email us at info@bloomlegal.com.

St. Charles Parish Traffic Tickets

July 1st, 2013 | Posted in Personal Injury by Seth Bloom | 1 Comment »

People always ask, “Why would I need help with a traffic ticket?” or “Would it be worth it to hire an attorney in order to defend a simple traffic ticket?”

Surprisingly, hiring a traffic ticket attorney in Louisiana is often a cheaper alternative to paying the ticket. In addition, many drivers don’t realize that the act of paying a ticket is an admission of guilt, which in most cases leads to an increase in insurance rates (increasing as much as 20% for 2-3 years). This means if a driver pays $2,000 a year for insurance, paying a $400 traffic ticket could result in upwards of $1200 more in yearly insurance fees. That’s why it’s always important to call a local traffic attorney before paying that $200-500 fine.

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Bloom Legal LLC is based in New Orleans, but also represents residents of St. Charles Parish, a small area North of Orleans Parish including the cities of Destrehan, Hahnville, and Des Allemonds. Despite it’s abbreviated, suburban makeup, a large percentage of traffic tickets in the New Orleans Metropolitan area come from St. Charles.

St. Charles Parish owns a important piece of real estate on I-10 that links Baton Rouge with New Orleans, and all traffic flowing East-West/West-East across the country (for example, from Jacksonville, Florida to California) must go through I-10. This makes St. Charles Parish an important piece of real estate for law enforcement officials; Parish officers are very present on this strip of road, and make a lot of money handing out tickets to those passing through.

If you or someone you know received a ticket in St. Charles Parish, give Bloom Legal a call today (504-599-9997) for your free consultation. Hiring Seth Bloom as your traffic lawyer will most often be cheaper than paying the fine, and Bloom is an expert at getting tickets dismissed completely, or getting them modified down to a non-moving violation (avoiding points on drivers license).

Bloom Legal is a boutique law firm located in downtown New Orleans that fully services traffic tickets all over St. Charles Parish. In addition to traffic tickets, Bloom Legal LLC also handles DWIs, criminal defense, and personal injury (auto accidents resulting in injury at the fault or negligence of someone else) in St. Charles Parish.

Please give Bloom Legal a call today (504-599-9997) and mention this article for your free consultation.

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