Imagine shopping at the grocery store, selecting fruit, when suddenly you are flat on your back. Not just embarrassing but also painful and potentially injury-causing. Who should be liable in this type of case? In a similar case involving a Lake Charles Kroger store, the answer lay in who had…
Articles Posted in Civil Matter
Slip and Fall at Home Depot Lawsuit Dismissed on Lack of Proof of Unreasonable Risk of Harm
Customers have an expectation of safety while shopping in retail stores. When a customer is injured while on the premise, they are entitled to damages. However, a customer may only recover damages if adequate proof is shown. Proof of an unreasonable risk of harm is a critical element of Louisiana…
If I’m Injured in a Car Accident in Louisiana but Have Texas Insurance Which State’s Law Applies?
Have you ever been involved in a car accident that potentially involved two states and wondered which state’s laws would govern your personal injury lawsuit? Say, you have an insurance policy issued in Texas, and you get into a car wreck in Louisiana. Which state’s laws will apply if you…
Do You Have to Disclose a Personal Injury Claim to a Bankruptcy Court?
Filing for bankruptcy can be an overwhelming experience. Many disclosures must be made, and failing to do so can have severe consequences for other legal matters. For example, what happens if you are involved in a personal injury lawsuit after filing bankruptcy? Must you disclose that claim to a bankruptcy…
Toe Implant Patient Wins Summary Judgment Over Manufacturers’ Defective Product
No one wants to experience pain and suffering after spending money and time getting surgery. Nonetheless, some people fall victim to these complications. A person can be prone to injury when a defective product is inserted into their body. This was the case with Kale Flagg. Kale Flagg underwent foot…
How can an Appeal Affect a Jury’s Award for Mental and Physical Pain and Suffering?
Calculating appropriate damages for a plaintiff who experiences ongoing injuries from a vehicle accident is complex. Jury awards generally are left undisturbed by appellate courts. The following lawsuit shows how the appeals process can alter a jury’s award for mental and physical pain and suffering. On October 1, 2009, Patricia…
Can An Accident Reconstruction Expert Help Win Your Automobile Accident Lawsuit?
Automotive accidents can cause severe injuries to those involved. However, the testimony of accident reconstruction experts can help juries determine what happened and come to the correct conclusions about liability. The following lawsuit out of Baton Rouge shows how an accident reconstruction expert can help you win your automobile accident…
Workers’ Compensation Claimant Denied Choice of Physical Therapist to Conduct Functional Capacity Evaluation (“FCE”)
An injury on the job is never easy to deal with, especially when it results in a permanent disability affecting your ability to perform your regular job functions. A functional capacity evaluation (FCE) may be conducted at the employer’s expense to identify the parameters the claimant may return to work.…
What is the Deadline to File a Workers’ Compensation Claim in Louisiana?
Physically demanding jobs can result in workplace injuries that prevent employees from working and earning a wage. However, it is essential when filing a worker’s compensation claim not only to prove your claim but to do so within the timelines required by the courts. A workplace accident claim filed in…
Can I get Workers’ Compensation Benefits if I Don’t Immediately Report My Injury?
Many jobs require physical labor, which comes with some risks of injury on the clock, especially for those who install and move equipment. Sometimes you get injured while working, and you think, “maybe I can just work through this.” However, if you attempt to work through an injury and don’t…