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Articles Posted in Civil Matter

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Two Sides to Every Story: How Does a Louisiana Court Determine Who is Credible?

Courts often hear contradicting testimony and must decide who to believe or who is more credible. For example, the following Calcasieu Parish case involves two individuals who were married at the time of the altercation but have since divorced and the importance of providing the most credible testimony.    Although Mr.…

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How to Determine Who is At Fault in an Automobile Accident in a Parking Lot

In automobile accident cases, determining the drivers’ liability is often the core issue in determining damages. Unfortunately, who is at fault in a car accident in a parking lot can be tricky. The following lawsuit out of Lake Charles shows how courts weigh the evidence and come to conclusions in…

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Disabled Louisiana Plaintiff Successfully Appeals to Regain Coverage for His Insurance Policy

One’s life is forever altered after an incapacitating injury. While the situation comes with enough issues, problems are enhanced when medical providers merge and change the disability benefits you have relied upon for a year. Unfortunately, this is precisely what happened to Michael Swinea after Humana Inc. bought Kanawha Insurance…

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What is a “Two Contract Defense” In Louisiana Lawsuits?

When subcontractors get injured at work, it can be confusing to determine who is liable for damages. This case shows a company’s failed attempt at using the “two contract defense” to dismiss claims in a slip and fall case. It also helps answer the question; What is a two-contract defense…

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When Car Accidents Get Messy: How Clear Language and Resolved Claims Can Help You Win Your Lawsuit

Have you ever been involved in a car accident? It’s a scary experience that can have serious consequences. If you’ve been injured in an accident, you may be entitled to compensation for your injuries and damages. But what happens when multiple parties are involved? That’s the question at the heart…

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Windstorm or Negligent Installation? A Battle of the Experts

Cities need to ensure public utilities are safe and properly installed. Road fixtures, such as traffic lights and speed limit signs, are an essential part of infrastructure. When road fixtures are installed negligently, the public needs to be able to hold the liable parties accountable.  So who should be responsible…

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How Should Fault Be Apportioned in a Personal Injury Car Accident Lawsuit?

Personal injury cases can lead to placing the blame on a party so the injured person can receive compensation for her injuries. But what happens after a traffic miscommunication if both sides blame the other for the wreck? Further, what if their insurance companies are unwilling to take all the…

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What is A Petition for Nullity of Judgment, and How can It be Used to Overturn a Jury Verdict

After a lawsuit, a trial is when each side can articulate their case theories. Usually, the culmination of a trial is a judgment that can be appealed. However, there are other occasions where the court can discuss the judgments besides an appeal. An alternative to an appeal is the petition…

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Can the State be Held Liable for a Highway’s Defects?

As the weather gets nicer across the country, millions will travel to destinations near or far. Unfortunately, with this increase in traffic, accidents will occur due to the negligence of drivers. But what happens when the roadway’s integrity and safety come into question? Can the state be held liable for…

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Accident While Driving Your Car On The Job: You may not be covered!

Driving while on the job can be a common occurrence for many employees. Sometimes you may even use your personal vehicle on a workplace errand. If so, beware; Accidents happen, and your employer’s insurance may not cover you.  Kim Simon was struck by an uninsured motorist when driving her personal…

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