Assigning fault in a vehicle accident can be challenging, especially when witnesses present conflicting accounts of what transpired. The struggle to ascertain the truth becomes even more pronounced when there are discrepancies in testimony regarding the events leading up to the accident. But what happens when conflicting narratives emerge in…
Articles Posted in Civil Matter
Workers’ Compensation Lawsuits and the Battle for Evidence
Unfortunately, heart attacks are one of the most common causes of death. If a loved one suffers a heart attack while on the job and you file a workers’ compensation claim, you must provide evidence to support your claim. But what happens if the employer files a motion for summary…
Trial Courts Must Use Clear, Definite Language For a Final Judgment to be Valid and Appealable
Every day, individuals rely on the court system to resolve disputes, to ensure due process, and to serve justice. Individuals who are victims of an accident and suffered injury often need the courts to be restored to their previous condition. However, when a court issues an unclear final judgment, you…
The Fine Print: Untangling Insurance Coverage Overlap
Dealing with the elements is an inherent part of construction work. Yet, sometimes the elements get unexpectedly unruly. This is where insurance is supposed to step in and compensate for delays or damage. In the following case, however, overlapping insurance policies made determining who should step up difficult. Gibbs Construction,…
Allocation of Fault and Damages in a Car Crash: Who is Right?
If you ever find yourself injured in a car accident, it’s crucial to seek legal advice from a licensed attorney in your jurisdiction. Consulting with an attorney can help you understand your rights and determine if you are entitled to compensation, depending on the allocation of fault. Car accidents can…
Should Courts Limit Liability for Distracting Passengers?
From a serious crash to a minor fender bender, car accidents take a devastating emotional and financial toll on the people involved. Common principles of fairness suggest that if a distracting passenger helped cause the crash, they should also be liable to help pay. Unfortunately, deciding which acts are sufficiently…
What is a Good Faith Termination in an Employment Case?
Workplaces have rules employees must follow. Termination for violation of these rules must be in good faith. What happens when an employee argues he was fired arbitrarily? The following case helps answer this question. Nolvey Stelly was terminated from the Lafayette Police Department (LPD) for failing to follow orders. An…
What are the liability standards for ambulances and other emergency vehicle drivers involved in a car accident?
Determining liability can be complex when a car crash occurs and even more so when one of the vehicles involved is an ambulance. In Louisiana, the law applies a unique standard of care to emergency vehicle drivers. So what are the liability standards for ambulances and other emergency vehicle drivers…
Delay in Filing Results In Dismissal Of Medical Malpractice Lawsuit
We have all heard advice not to procrastinate. This is especially true if you are considering bringing a lawsuit. If you are considering filing a medical malpractice lawsuit against your doctor, you cannot wait indefinitely because Louisiana law has strict time limits for filing medical malpractice lawsuits. The following case…
Asbestos Case Sent Back To State Court Because Of Lack of Causal Nexus
Unraveling the complexities of jurisdiction is essential when determining which court has the authority to hear a lawsuit. Whether a case is heard in state or federal court can have strategic implications, but the path to federal court is paved with complex legal requirements. In this article, we delve into…