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…
Articles Posted in Negligence
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…
What is the Deadline to Answer and the Effect of Requests for Admissions in a Louisiana Lawsuit?
If you are involved in a lawsuit, you probably have a lot of things on your mind. However, you must pay attention to the required deadlines and time to respond to documents from the other side, including requests for admission. If you do not respond on time, you might be…
Slip and Fall in Louisiana Convenience Store Lawsuit Discusses Open and Obvious Risk
If you have ever watched a legal television show, you have seen the wide variety of evidence presented. Even if your lawsuit is not as high-stakes as the latest murder mystery show, it is still important to present sufficient evidence to satisfy your burden of proof and prevail on your…
When Is A Louisiana Jury Verdict Considered Excessive?
What happens if you win a lawsuit but the other side moves to reduce the amount of money you were awarded? This is the situation Marcus Berry found himself in after he was awarded over a million dollars in damages due to injuries he suffered in a car accident. Following…
Louisiana Court Holds Plaintiff’s Failure to Have Surgery Precludes Argument for Future Medical Expenses
Scheduling a post-accident surgery promptly may be essential to ensure complete physical recovery. Sometimes, the scheduling of post-accident surgery matters less. However, scheduling your surgery prudently may pay off when recovering damages in court, as one plaintiff found in a recent appeal discussed below. In 2010, Karl Kimsey was involved…
Will an Appeals Court Consider Evidence that Attorneys forget to “Offer and Introduce?”
Most lawsuits begin with a petition that lays out the facts and basis for a claim. These facts are pertinent to the survival of each claim and defense. Many pretrial hearings and motions are based on what is pleaded in the petition. The face of each pleading can determine the…
A Louisiana Court Signs Two Final Judgments, What Happens?
When a case ends at the trial court level, the judge signs a physical order document laying out the court’s decisions. This physical order document is called a final judgment; every case will only have one final judgment. Final judgments cannot be amended easily by either the trial court or…
All or Nothing—Piecemeal Peremptory Exception Reversed for Louisiana’s Drug Fraud Case
The legal system is complicated, with many “dos-and don’ts.” Whether or not you can have your case heard in court first requires following the rules guiding the sufficiency of your claim. If your complaint fails to show that you have a right to bring the case against your defendant, your…
Does Parental Liability Extend Over Adult Children in Louisiana Lawsuits?
In the United States, parents are often deemed responsible for the criminal conduct of their minor child. But the rules guiding this concept could be more precise and are subject to much controversy. How do we decide when that duty exists and when it ends? A Louisiana court answers the…