When chain reaction accidents occur it can sometimes feel like mayhem on the highway. One car hits another, then another one hits another and so on and so on. But who’s at fault for all the injuries and wrecked cars? The car that initially caused the accident? The one after…
The generally rudimentary question of “what is the ‘amount in dispute’” was anything but simple when Louisiana courts sought to determine whether settlement amounts should be considered “in dispute” in calculating jurisdictional limits. The Monroe Circuit Court sought to determine the “amount in dispute” in relation the subject matter jurisdiction…
Courts are not perfect, and sometimes they do not always render the correct decision. When a court makes an error in their judgment it can be very frustrating for all of the parties involved. Error can be very costly especially when a major issue, like finding coverage for a victim…
Car accidents are among the most common reasons for a lawsuit. An average car accident is often difficult to conclude which party is at fault. Issues are further complicated if insurance claims are involved. Who is truly at fault for the accident if a vehicle malfunctioned? A trial becomes increasingly…
Suppose a pedestrian is hit by a driver who is leaving a poorly-maintained parking area in rural Louisiana that is little more than a partially cleared grassy area. The pedestrian sues the property owner and its insurers, among other defendants. Now suppose that this plaintiff, on being questioned in a…
Insurance policies can be difficult to understand. Litigating disputes arising from insurance policies can be even more difficult because the court must look not only at the policy itself to decide the case but must also consider which state’s law to apply to the case. The complexity of insurance cases…
A rear-end collision in Opelousas has led to a demonstration on how complex lawsuits concerning insurance companies can be. The Third Circuit Court of Appeal reversed a trial court’s decision regarding damages suffered in the accident, focusing on the amount owed to the plaintiffs by two different insurance companies. The…
Plaintiff Richard Reynolds sustained injuries in a multi-vehicle accident on March 15, 2008, in St. Tammany Parish. Reynolds alleged, amongst other counts, that his insurer, Automobile Club Inter-Insurance Exchange (ACE) and Insurance Auto Auctions Corporation (IA) failed to preserve Reynolds’ vehicle for inspection purposes to determine whether any defects…
When seeking legal relief, plaintiffs will face procedural hurdles during litigation. Defendants can and will often use procedural mechanisms to avoid liability for claims brought against them. This is the nature of the game, and skilled attorneys are masters of the rules governing the conduct of civil trials. Procedural law…
Car accidents can be an alarming ordeal. Especially, where there has been a fatality involved. Generally, when a vehicle has been physically involved in an accident, the driver can expect to have some liability. However, liability can also be involved where a driver requires a passenger to exit a vehicle,…