David D. Kervin, Jr. LLC http://www.kervinyoung.com The Law Office of Thu, 05 Feb 2015 22:43:13 +0000 en-US hourly 1 http://wordpress.org/?v=4.1 New Louisiana Licensing Laws for 2015 http://www.kervinyoung.com/new-louisiana-licensing-laws-2015/ http://www.kervinyoung.com/new-louisiana-licensing-laws-2015/#respond Mon, 19 Jan 2015 22:18:19 +0000 http://www.kervinyoung.com/?p=225 One of the changes we will be seeing in the upcoming year has do with new Louisiana licensing laws and how they will be affecting several industries. Among the faster growing industries in Louisiana is the sales and installation of solar energy equipment. It should come as no surprise to anyone in the construction trade […]

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One of the changes we will be seeing in the upcoming year has do with new Louisiana licensing laws and how they will be affecting several industries. Among the faster growing industries in Louisiana is the sales and installation of solar energy equipment. It should come as no surprise to anyone in the construction trade that with this growth in the installation of these new green additions to buildings, the state wants to keep a tighter rein on just who is being allowed to obtain a license. To help control the proliferation of companies and ensure consumers that only qualified contractors can be licensed to sell, lease or install solar energy equipment, new licensing regulations will be going into effect beginning in 2015.

Louisiana Small Business Licensing

With so many small businesses getting into the solar energy business it is no surprise to see that the state has decided the time has come to introduce some regulations. For any small business that is considering entering this growing industry, getting properly licensed and following all the regulations regarding the solar energy business is highly recommended.

Louisiana licensing laws require many small business owners to obtain licensing and even in some circumstances surety bonds as part of the cost of doing business. It is important for small construction contractors who have begun to offer solar energy installation as part of their business to understand that this new licensing requirement could affect their business if they fail to comply.

Louisiana Licensing Laws and Compliance

While it is understandable that many small businesses that have in the past been involved in some way with solar energy installation may feel that suddenly being required to have a license is something they can ignore, we urge you to reconsider. Injuries on the job, lawsuits from unhappy customers and new regulations that make installation difficult can ruin a contractor’s reputation with just one problem. Don’t get caught without the proper licensing if your business is now in or is considering getting into the business of selling, leasing or installing solar energy equipment in Louisiana. Not sure if your occupation requires additional legal structure such as licenses or contracts? Contact the Law Offices of David D. Kervin today find out the full extent of what your business needs to stay legal in the coming year.

 

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Understanding New Orleans Personal Injury Claims Requirements http://www.kervinyoung.com/understanding-new-orleans-personal-injury-claims-requirements/ http://www.kervinyoung.com/understanding-new-orleans-personal-injury-claims-requirements/#respond Fri, 19 Dec 2014 17:49:31 +0000 http://www.kervinyoung.com/?p=222 It happens to the best of us. You find yourself involved in some type of personal injury claim through no fault of your own. It’s unfamiliar territory to most of us, and it should be. Even in the grand city of New Orleans personal injury claims can take up a lot of time and energy. […]

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It happens to the best of us. You find yourself involved in some type of personal injury claim through no fault of your own. It’s unfamiliar territory to most of us, and it should be. Even in the grand city of New Orleans personal injury claims can take up a lot of time and energy. But worst of all is the feeling of dread because you aren’t sure what to expect. You will need a good New Orleans personal injury attorney since they will have expertise to get you through this and have the best chance of getting you a good settlement. Here are a few basics everyone should get acquainted with if they find themselves facing a personal injury claim in New Orleans or anywhere for that matter.

Are There Filing Limits?

Of course, this depends on the type of personal injury claim you have and where you are filing it. Different states have different limitations. If, for instance, you were to file a claim here in Louisiana for an auto accident, you would have up to one full year to file. If you have concerns about whether you have sufficient time, it is always best to talk first to a personal injury lawyer about it.

Finding Fault – Whose and How Much?

The other big question is often how the individual state defines fault in the case of an accident. No accident is 100% one party’s fault. In Louisiana there is a sliding scale of fault called comparative fault legislation. This means that an individual’s claim is negotiated according to how much of the accident was their fault. One way to consider this is if you were in an accident with a total liability of $20,000 but were found to be only 10% at fault, then your claim for damages would be $18,000. This is why fault can be such a big question in New Orleans personal injury claims.

Is There a Cap on Damages?

Not all cases are the same and for many types of personal injury claims the state of Louisiana will put a cap on the amount of damages that can be claimed. It will vary with the type of claim and other circumstances, so be sure to bring this up early in your conversation with any New Orleans personal injury claims specialist. A prime example is the $500,000 cap Louisiana has on medical malpractice cases. When in doubt, ask.

Here in New Orleans personal injury claims can be complicated. Don’t make the mistake of representing yourself when it comes to getting justice for your personal injury claim. We have spent years in research, presenting cases and understanding the implementation of the law. Contact David D. Kervin Law Offices today to get your free consultation.

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Louisiana Medical Malpractice Attorney – Understanding Health Law http://www.kervinyoung.com/louisiana-medical-malpractice-attorney-understanding-health-law/ http://www.kervinyoung.com/louisiana-medical-malpractice-attorney-understanding-health-law/#respond Mon, 15 Dec 2014 17:42:34 +0000 http://www.kervinyoung.com/?p=220 In the state of Louisiana medical malpractice attorney cases can vary. They can often include those that protect individuals from large institutions such as hospitals or corporations when they overreach what they can legally protect or have control over. They can stand as protection through a government agency when a corporation or organization tries to […]

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In the state of Louisiana medical malpractice attorney cases can vary. They can often include those that protect individuals from large institutions such as hospitals or corporations when they overreach what they can legally protect or have control over. They can stand as protection through a government agency when a corporation or organization tries to shield an employee who has broken the law, especially when it pertains to health law. And sometimes they can simply clarify the rules of responsibility even if they can’t, sadly, change the outcome of the situation. Here are three recent examples from the local files that had Louisiana medical malpractice attorney offices checking their knowledge of their own health law books.

A Question of Supervision

When a 12-year old in Louisiana recently decided to host a birthday party at his home, he probably wasn’t considering whether his friends were swimmers or not. But his parents should have. His father could swim, but he wasn’t able to be home on the day of the party. His wife would be supervising the kids, but she and her eldest daughter both were not swimmers. This oversight cost a child his life, when he wandered into the deep end of the pool and drowned. The kids in the pool called for help, but by the time they could find an adult who could swim, and rescue the boy, it was too late.

The judge ruled that even though the father knew his two other kids could swim and would be at the party, he didn’t take the time to make them responsible specifically for the welfare of the kids at the party. He knew his wife couldn’t swim, he knew he would not be home to help. Because he neglected to make arrangements to have someone who was a swimmer and responsible in charge of keeping a group of noisy 12-year-old kids near a pool safe, he was held responsible.

Walgreen and HIPPA

This second case involved a more direct health law violation. It is the type of case any Louisiana medical malpractice attorney should be aware of, for obvious reasons. An employee of Walgreen who worked in the pharmacy used their ability to access HIPPA’s private information for their own personal use. The employee used information about a client’s prescriptions to pressure that client into dropping their attempts to continue to get child support for the client’s child from the employee’s husband. When the client complained to Walgreen, the result was a written reprimand and the employee was required to take a course online regarding the use of HIPPA. Not satisfied, the client took Walgreen to court.

The case went before a jury and that jury found both the company and the employee guilty of negligence by way of professional malpractice as well as being guilty of invasion of privacy. They decided that Walgreens was indeed responsible for its employee’s actions as well. While HIPPA may not create a private right of action, it does regulate who individually has access. It is also capable of providing criminal penalties for improper actions or disclosures. Walgreens and the employee were found liable for $1.4million in negligence.

Healthcare Billing Protection

Sometimes the law needs to step in to protect individuals who are at the mercy of a large organization such as a hospital. This happened recently when a Louisiana motorist was in an accident. When they received treatment at a nearby medical facility, the organization refused to file a claim with the person’s healthcare company. Instead, they contacted that person’s personal injury attorney and filed a medical lien through them. This despite the hospital having a relationship with that healthcare company and a regular schedule of agreed upon payment amounts for procedures that had been done on the patient’s behalf. The patient filed a putative class action suit for conduct that was specifically prohibited.

Louisiana Medical Malpractice Attorney

As you can see from these three cases, it is important to step up and protect your rights. Whether you are looking at medical malpractice, professional malpractice or filing against an organization that has conducted actions outside of their authority, we can help. From simple car accidents that have gotten out of hand to professional disputes that need mediation, we have the background and knowledge to lend a hand and get you the justice you deserve. Don’t let yourself become a victim; get the Louisiana medical malpractice attorney help you need today.

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New Orleans Personal Injury Claims and BP Oil http://www.kervinyoung.com/new-orleans-personal-injury-claims-bp-oil/ http://www.kervinyoung.com/new-orleans-personal-injury-claims-bp-oil/#respond Thu, 11 Dec 2014 17:35:25 +0000 http://www.kervinyoung.com/?p=218 The latest news on probably the most important New Orleans personal injury claims cases the past few years is of course concerning BP Oil. News last week in the settlement case found it to be virtually without error. Even with this decision it looked like BP Oil might have another card up their sleeve with […]

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The latest news on probably the most important New Orleans personal injury claims cases the past few years is of course concerning BP Oil. News last week in the settlement case found it to be virtually without error. Even with this decision it looked like BP Oil might have another card up their sleeve with their petition to review the settlement cases one again. That request was denied this week by the Supreme Court. Could BP Oil finally be out of moves?

A Case of Proving Harm

At the heart of the current petition is the decision that harm must not be proven for the settlement case to move forward. This has always been at the center of the dispute and yet the settlement terms were agreed upon prior to this case. With the latest hearing at the Supreme Court level in support of the lower court’s decision, it looks like this part of the outlining agreement that includes many New Orleans personal injury claims will move forward.

Time to Move On

For many this was the final wall to hurdle that might have been preventing finalizing the settlement with BP Oil. The company’s contention that settlement on these grounds would discourage future companies from making large early settlements in future New Orleans personal injury claims was not even given a nod. As David Logan, law professor with Roger Williams University has said, “The basis for the position they have taken for a couple of years now is no longer a valid position legally. It’s time for them to move on.” Logan, a long time expert on these types of cases does not think BP will continue to push for any further challenges.

New Orleans Personal Injury Claims Move Forward

If this is indeed true, and BP Oil is finally ready to end their constant challenges, businesses in New Orleans may heave a sigh of relief. Although it is true that the New Orleans personal injury claims along with business damage claims have risen in amount since the beginning – an end may be near. With this final judgment the language of the settlement has become binding, including the decision by BP Oil lawyers to waive the company’s right to demand proof of harm. It remains to be seen if accounting guidelines will prove the next stumbling block or not.

New Orleans Personal Injury Claims Representation

If you are among the many small businesses and individuals who have damages to claim against BP Oil, you can submit your claim through our offices. We can assist you in submitting your claim. Make sure that you obtain the full value of your damages or losses by submitting a claim today. Contact our offices directly today to make sure your claim is handled properly.

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BP Oil Spill Litigation Update: Audits and Worker Claims http://www.kervinyoung.com/bp-oil-spill-litigation-update-audits-worker-claims/ http://www.kervinyoung.com/bp-oil-spill-litigation-update-audits-worker-claims/#respond Fri, 05 Dec 2014 17:33:18 +0000 http://www.kervinyoung.com/?p=214 New Orleans businesses that have been waiting patiently, or not, for information about the BP Oil Spill litigation finally might have some good news. Unfortunately for anyone who has filed for personal injury related to the BP oil spill litigation, not all the news is favorable. While these updates almost always seems to be a […]

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New Orleans businesses that have been waiting patiently, or not, for information about the BP Oil Spill litigation finally might have some good news. Unfortunately for anyone who has filed for personal injury related to the BP oil spill litigation, not all the news is favorable. While these updates almost always seems to be a mixed bag when it comes this catastrophe, to have both updates on the oil spill happen within a week of each other almost feels incredulous. Here are the two latest updates on BP’s Deep Horizon litigation.

BP Oil Spill Litigation Claims Exoneration

Many of the New Orleans and surrounding area small businesses have claims against BP Oil. Those claims were put on hold when BP questioned the integrity of the claim administrator Patrick Juneau. A third party audit was called to review all claims in the anticipation by BP Oil that errors would be found in their favor. That was not quite the end result of the audit.

The third party audit of BP oil litigation claims administered by Patrick Juneau was found to be well designed, appropriate and correctly processed 99.5% of the time. This means that the claimed $14 billion in damages can move forward. That is good news indeed for anyone who has filed.

Cleanup Workers Will Need to Sue

Unfortunately not all the news was as good as the audit news. A federal judge has ruled that those cleanup workers who have sustained personal injury will need to sue BP Oil in order to receive damages. This will mean a yet longer delay in seeing these settlements handled as lawsuits get under way. It had been hoped that these workers, technically working for BP Oil, could have these personal injury damages handled for automatically as workers compensation. This ruling changes this and makes filing a lawsuit a requirement for any reimbursement for personal injury in this situation.

Exposure related injuries diagnosed after the April 2012 cutoff must now sue for compensation. Although Judge Barbier was reluctant to do so, he agreed with BP Oil that such injuries must now be treated as latent injuries in the same category as cancer. This will slow many of these types of BP Oil spill litigation claims and make some almost impossible to prove.

Experienced Personal Injury Lawyer

If the current changes are going to affect you in any way, legal representation will be an important first step. The Law Offices of David D. Kervin Jr. have been involved in a number of personal injury cases involving environmental negligence. This includes this long standing battle in the BP Oil spill litigation. Talk to us today and let us know your situation. We are here to help. Contact our offices and set up a free consultation.

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Does BP Court Decision Change Liability in Louisiana? http://www.kervinyoung.com/bp-court-decision-change-liability-louisiana/ http://www.kervinyoung.com/bp-court-decision-change-liability-louisiana/#respond Mon, 01 Dec 2014 00:02:41 +0000 http://www.kervinyoung.com/?p=207 The recent U.S court hearing has resulted in a BP court decision that may up the ante for any extraction industry when it comes to liability in Louisiana, not simply the oil industry itself. What this may mean for any liability cases when small business in Louisiana is impacted by these businesses may be up […]

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The recent U.S court hearing has resulted in a BP court decision that may up the ante for any extraction industry when it comes to liability in Louisiana, not simply the oil industry itself. What this may mean for any liability cases when small business in Louisiana is impacted by these businesses may be up for grabs, but it certainly will not hurt their cases. That, at least, is how some liability lawyers in Louisiana are looking at the end result of this landmark case.

Gross Negligence is Key

At the center of the case is U.S. District Judge Carl Barbier’s finding that BP Oil was guilty of “gross negligence”, even before the explosion that devastated the area. With 11 workers killed and billions of barrels of oil spewed into the gulf for the next three months, the damages are bound to be huge. Adding the designation of gross negligence to the already damaging case simply means that the end penalty could become record breaking. That is bound to set precedence or two alone.

Looking at the Definition of Risk

One of the key findings to come out of this case is the way that risk may become defined. If the case ends up defining standards for how much risk is too much, it could have a big impact on what any lawyer in Louisiana will consider in a liability case that involves any extraction or dangerous practices. Jessica Owley, a SUNY Buffalo Law School environmental law expert has stated,

“Other regulated industries are also going to be looking at what are the standards that courts are going to impose on their actions.”

The amount of impact that this case has remains to be seen. But whatever the consequences, and this case is by no means over, the BP court decision we have seen so far will affect how anyone looks at liability law in Louisiana and in fact anywhere in the U.S. for decades to come. The message is certainly clear to anyone in the oil industry who is listening. At this point that probably includes everyone, plus the businesses in New Orleans who have suffered the ill effects of the catastrophe.

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A Thanksgiving Tradition in New Orleans http://www.kervinyoung.com/thanksgiving-tradition-new-orleans/ http://www.kervinyoung.com/thanksgiving-tradition-new-orleans/#respond Mon, 24 Nov 2014 23:45:14 +0000 http://www.kervinyoung.com/?p=201 If you are like our office, Thanksgiving is a time for getting together with family. We are always grateful that we have family and the ability to have a traditional New Orleans Thanksgiving. But I know that not everyone has either the means or the family nearby. Luckily, there are several events that are a […]

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If you are like our office, Thanksgiving is a time for getting together with family. We are always grateful that we have family and the ability to have a traditional New Orleans Thanksgiving. But I know that not everyone has either the means or the family nearby. Luckily, there are several events that are a New Orleans tradition at Thanksgiving. These are perfect as celebrations that include everyone, even those who are on their own.

Sherriff’s Thanksgiving Dinner Celebration

Nothing says New Orleans Thanksgiving quite like this celebration, now in its 40th year. Once again the festivities begin at 10 A.M. and will last all the way until dinner and music ends at 1 P.M. This year we will be serenaded by two Grammy Award winning artists: Irma Thomas and Irvin Mayfield, along with several local artists. Of course, the food is what this celebration is all about and you can bet it will be mouth-watering and plentiful. If community is what you want to celebrate this Thanksgiving, why not do it by being a part of a New Orleans Thanksgiving tradition.

The Classic Thanksgiving Parade

Who doesn’t love a parade? This icon of turkey day starts at the Superdome and winds its way to the French Market for the perfect ending to the day. You will see marching bands for both of the rival teams that will be playing at the Bayou Classic Championship game later and have plenty of excuse to yell your head off in the process. Great for working off all that turkey you had earlier at the Sheriff’s amazing banquet.

Wishing You a Wonderful New Orleans Thanksgiving

So from our family to yours – we wish everyone a wonderful Thanksgiving and hope it is filled with the laughter of family and the joy of community. Happy Thanksgiving to everyone.

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Welcome to Kervin Young Personal Injury Blog http://www.kervinyoung.com/welcome-kervin-young-personal-injury-blog/ http://www.kervinyoung.com/welcome-kervin-young-personal-injury-blog/#respond Mon, 17 Nov 2014 23:31:53 +0000 http://www.kervinyoung.com/?p=193 Today’s world is complicated. There are a number of ways that you may find yourself at one end or the other of a legal case involving personal injury. It could be a simple thing like your Aunt Edna slipping and falling on an icy sidewalk or a complicated personal injury case such as the many […]

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Today’s world is complicated. There are a number of ways that you may find yourself at one end or the other of a legal case involving personal injury. It could be a simple thing like your Aunt Edna slipping and falling on an icy sidewalk or a complicated personal injury case such as the many we see still involving the BP oil spill and many of our local small businesses. Whatever has brought you into the sphere of having to deal with an injury case, knowing what to expect can really help.

Today’s Technology and Personal Injury

There was a time when most people were only concerned with physical injury, but the net has changed so much of how we see injury. That is why we will be exploring other types of injury cases, looking at the whole range of ways you may find yourself suddenly in the midst of an unexpected trip to the lawyers.

The Age of the Automobile

Car accidents have become the scourge of today’s modern world. The numbers seem to pile up higher and higher and there is no end in sight. Of course, when you get in an accident those numbers are no longer a piece of data, they become personal. There are ways to avoid becoming another statistic and there are cases that bring these numbers to light. We will take a look at all of them.

Louisiana’s Local Personal Injury Scene

While the basics of what you need to know if you should find yourself at the short end of the stick when it comes to personal injury cases are probably the same around the country, knowing your local rulings never hurts. As we have discovered recently, even professional athletes are not immune to personal injury problems, such as we recently saw with the Timberwolves road trip disaster. We will take a look at cases happening right here on our doorstep and how they might impact our lives, whether we are looking at a case or not.

Stay Tuned for More

So do come back. We will be asking your opinion from time to time as well as giving you our own. We will share some stories we have heard, let you in on the latest changes to the law and always keep a close eye on the local scene. It’s our city – let’s get to know it a bit better.

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