One of the first things that occur after a car accident is the parties exchange insurance information. But, unfortunately, just because someone has an insurance card doesn’t always mean they are covered for the wreck they caused. A driver in Metairie learned that lesson the hard way, as shown by…
Articles Posted in Litigation
Only Four Out of Five Expert Witness Fees Awarded to Prevailing Plaintiff
Litigation can be lengthy and costly, especially when expert witnesses get involved. The good news is that a prevailing party can be awarded many of these costs at the trial court’s discretion. The bad news? Not every fee may be granted, as Carlo Conforto learned in a case he brought…
Late Filing Bars Medical Malpractice Claim Against Tulane-Lakeside Hospital
Deadlines matter in all areas of life, but in the legal world, they can determine whether a lawsuit will move forward or even get started. In Louisiana, a prescriptive period is a window of time for legal action to be brought and enforced. Depending on the kind of claim, the…
New Orleans Court of Appeal Determines Obligation of Insurance Company Does Not Increase From Providing Coverage to Both Parties
Car accidents can be a problematic scenario for the parties involved emotionally and financially. This situation can become even more complicated when the insurance company provides coverage to both parties involved in the accident, and the injured party files a lawsuit against the insurance company, arguing that the injured party…
Louisiana Court Finds Medical Malpractice Allegations Broad Enough to Proceed
Medical procedures are never an enjoyable process. However, the process becomes even more miserable when recuperation is delayed because of infections. Darrin Coulon found himself in this situation after receiving shoulder surgery in 2011 from Dr. Mark Juneau at the West Bank Surgery Center. His recovery became even more difficult…
If You Give a Horse a Carrot – When are Visitors Covered by the Equine Immunity Statute?
Feeding a horse a treat can seem all fun and games until the horse bites you. This is a lesson Danielle Larson, a visitor to Equest Farm in City Park in New Orleans, learned the hard way in 2013 when a horse bit her while she was feeding it a…
What Court has Jurisdiction over Louisiana Police Disciplinary Action Tort Claims?
Even if your lawsuit has good facts, to prevail, the court must have subject matter jurisdiction to hear your case. Subject matter jurisdiction is the “legal power and authority of a court” to listen to a given proceeding. See La. C.C.P. art. 2. Understanding these complex jurisdictional requirements is imperative…
Medical Malpractice Claim Sent Back to the Trial Court due to Doctor’s Affidavit
Lawsuits are filed every day. However, not all of these lawsuits are worth the attention of the courts. Courts are already swamped with dozens and dozens of cases on their dockets and they cannot afford–both monetarily and temporally–to hear every case that comes to their courtrooms. As a result, courts…
Can Independent Contractors Performing Manual Labor Receive Workers’ Compensation Benefits in Louisiana?
There are many ways that someone can be denied workers’ compensation benefits. Sometimes it is determined that the accident giving rise to the injury never occurred, other times the claim is filed too late, and in other cases the capacity in which the worker was hired determines eligibility for benefits.…
When is It Too Late to File a Products Liability Claim in Louisiana?
It can be puzzling — if not outright humorous — to observe the warnings in many pharmaceutical advertisements about how a drug’s side effects can be so severe that the potential harms outweigh the possible benefits. What’s not at all funny is when one of those side effects causes a…