Many people wonder what can be done from a legal standpoint to get a better verdict. In situations involving accidents where the damages awarded don’t fully cover the perceived damage, it would be prudent to appeal your verdict. However, before any action be taken, it is crucial to note the…
Articles Posted in Negligence
Injury at Hospital Examines Liability and Duty
The duty owed by hospitals to patients is a rather cut and dry area of law. However, a case arising out of West Monroe, Louisiana, illustrates how questions of liability become more difficult when the patients’ visitors are involved. Although a hospital does owe a duty of reasonable care to…
Understanding Duty Important in Worker’s Compensation Claims, Civil Suits
To bring a case to court, it seems obvious that you must have some kind of legal basis for your claim. For a personal injury case, that could mean that someone else caused you to slip and fall; you slipped because the floor was wet. In that type of case,…
Legal Concepts: Louisiana Code of Civil Procedure and Hearsay
The law has a wide variety of rules in place to force a clean route to evidence, especially from authorities on the topic, like people present or involved with the case’s topic. Hearsay is a statement, other than one made by the person themself while testifying at the present trial…
Physical Rehabilitation Damage Leads to Difficult Ruling, Appeal of Facts
Scott Ramocitti lost three fingers on his left hand in a work-related accident that occurred while he was using a saw blade in May of 2008. During his treatment Mr. Ramocitti was referred by his work insurance company to the defendant in this case, Helping Hand Physical, for physical therapy…
Tractor Accident Leads to Question of Responsibility for Dead Tree Causing Incident
In 2009, a Louisiana man was driving a tractor/trailer in Caddo Parish when he suddenly hit a large pine tree that had fallen across the road. Despite having already made this same trip on the same road several times that day, since the last time he had made the pass,…
Asbestos Case Involves Rules for Testimony and Exclusion
Joseph Trascher of Slidell, LA, was born in April 15, 1940 and died April 11, 2007. Shortly before his death in March of 2007, he filed a petition in the district court seeking an ex parte order to perpetuate his testimony. He alleged that in August 2006, he was diagnosed…
Pothole Blamed for One-Car Accident in East Carroll Parish
After being involved in a one-car accident in 2008, a Louisiana woman sued East Carroll Parish Police Jury, claiming that a pothole on Perry Road resulted in her accident. She later amended her claim to state that other factors had further contributed to her injury and that the road was…
Workers’ Compensation Act Protects Louisiana Employees Injured on Job
If you ever become injured in a work-related accident in Louisiana, or if you become ill with an occupation-related condition, workers’ compensation can help cover your expenses while you seek the treatment and take the time off that you need. The Louisiana Workers’ Compensation Act is a piece of legislation…
5th Circuit Throws Out Whistleblower Case Against Premier Rehabilitation Center in Monroe
When a company defrauds the government, the taxpayers literally pay the costs for that crime. A whistleblower is someone who brings that fraud to the attention of the government or the public. At times, whistleblowers are fired from their jobs, and some seek to bring suit against the company. The…