Automobile accidents can be terrifying experiences. Severe automobile accidents that involve injuries can be truly devastating and life altering. In the event one is injured in an automobile accident, he/she has several options available to him/her in obtaining compensation for his/her losses. More specifically, one may have a claim against…
Articles Posted in Litigation
Can the Winner of a Lawsuit Receive the Costs of Pursuing the Case? Louisiana Court of Appeal Answers That Question.
In Louisiana, district courts (the lower level trial courts) have great discretion in awarding costs to a party. These costs can include expert witness fees, deposition fees, exhibit costs, costs for the clerk of court, the cost of obtaining medical records and related expenses. See La. R.S. 13:3666, and La.…
Louisiana Court Highlights Left-Turning Driver’s Presumption of Negligence in Monroe Accident Case
When a driver fails to satisfy the standard of care, the driver’s negligence during an automobile accident may be considered in a lawsuit. The standard of care is the amount of caution that must be exercised by a person who is under a duty of care. A case out of…
Elderly St. Tammany Parish Woman Denies the Need for Interdiction
According to the Alzheimer’s Association, 5 million people are currently living with Alzheimer’s disease. Statistics also show that people age 70 are 61% more likely to die from the disease before they turn the age of 80, compared to 30% of the people living without it. So what is Alzheimer’s…
Louisiana Insurance Dispute Highlights Complexities of Concursus Proceedings
Concursus proceedings can be complicated. In a concursus proceeding, multiple parties assert competing claims to money or property. La. C.C.P. art. 4651. These types of proceedings are designed to free the court from the burden of dealing with multiple lawsuits. As a party to a concursus proceeding, you assert your…
Dispute Over Attorney Fees In New Orleans Turns into Volleyball Game Between Courts and Arbitrators
Louisiana law strongly encourages arbitration as a method of resolving disputes. Arbitration is a form of alternative dispute resolution whereby parties agree to be bound by the decision of neutral third parties. Arbitration promotes efficiency in dispute resolution because it attempts to resolve disputes before court involvement becomes necessary. It…
Louisiana Court of Appeal Upholds Plaintiffs’ Pauper Status
Are you being or have you been sued and simply can’t afford court costs and litigation due to financial instability? If this is your case, you can file an affidavit of poverty also known as obtaining pauper status pursuant to La. C.C.P. art. 5183. By applying and obtaining this status,…
Louisiana Court Finds Medicaid to Be “Other Insurance” Under Revised Statutes
A car accident can create a significant change in one’s life. If nothing else, it can generate a large monetary cost that will be difficult to repay. Automobile insurance, which each person must have to a certain extent, can help with this cost. Other sources like governmental benefits may be…
Louisiana Whistleblower Law Protects Against Employer Retaliation
The State of Louisiana has laws in place to protect whistleblowers with legitimate claims. These laws are critical to protecting workers and promoting healthy corporate self-governance. In Louisiana, La. R.S. 23:967 protects an employee whistleblower from retaliatory actions when in good faith, the employee advised the employer of some unlawful…
Louisiana Lawsuit Shows How Hard It Can Be to Collect on a Judgment
Getting a judgment in your favor can often feel like a big win in court. After a judgment has been declared by the court many people believe the losing side simply gets out their checkbook and pays what they owe. While this may happen in some cases, many times after…