Sometimes it is easily apparent when one party is liable in a car accident, such as when the facts leave little room for dispute. However, it may not be as easy to determine the amount of damages the plaintiff should receive. How should pain and suffering be calculated? And how…
Articles Posted in Pain And Suffering Claims
Louisiana Court Affirms Caregiver’s Dog Bite Worker’s Compensation Claim
In the typical employee-employer relationship there is a certain aspect of trust. For the employer, they must trust that the employee is doing their job properly, and the employee must trust the employer will ensure a safe environment to perform their job. This case deals with a situation involving the…
Court Finds in Favor of School Teacher in Worker’s Compensation Claim
If injured at work, many people will turn to a lawyer to learn about the legal options and damages available to them. Yet, a good lawyer can do more than just obtain damages, such as negotiate with the employer to facilitate accommodations needed in order to return to work. Louisiana…
Jury Award of Limited Damages to “Serial Plaintiff” in Personal Injury Case Upheld by the Fifth Circuit Court of Appeals
The Louisiana Supreme Court has recognized that awarding damages for medical expenses without awarding pain and suffering damages, though seemingly inconsistent, is not invalid on its face. See Wainwright v. Fontenot, 774 So.2d 70 (La. 2000). Appellate courts afford juries great deference and disturb verdicts only when they are clearly…
Red River Parish Worker Allowed to Proceed in Action Against Jointly Liable Party in Well Accident Despite Settlement with the Other
What’s wrong, Lassie? Did Timmy fall down the well in Red River Parish? No? It was John Cantu who fell in the well, because of someone’s negligence? Let’s let Louisiana’s Second Circuit Court of Appeal figure this one out. John Cantu, a truck driver, made a delivery to a well…
Appellate Court Rejects Appeal from Transportation Company Regarding Comparative Fault and Award
Once a trial court determines a judgment, it is difficult to obtain a reversal, especially if the judgment is one in which a jury awards compensation for a personal injury plaintiff. In the case below, the defendant appealed the amount the Trial Court awarded the plaintiff. The Appellate Court was…
Don’t Hesitate: Lawsuit Dismissed After Six Years For Failure to Prove Defendant Jointly Liable
Navigating a lawsuit is a difficult task. Not only do you have to prove the merits of the case, but you also have to navigate the judicial system’s complex procedural requirements. Even if your case seems likely to succeed on the merits, failure to comply with procedural requirements can leave…
Car Accident in Iberville Parish Causes Potential Mental and Emotional Damages
Car accidents are always stressful, even if they are minor accidents and no one gets hurt. However, when you have multiple accidents within moments of each other and someone is seriously injured, or killed, things turn serious. And when things turn serious, you will want an experienced attorney at your…
Supermarket Not Found Liable for Bus Stop Stabbing
No one likes running errands – especially when you experience bad customer service. However, when bad customer service possibly leads to an assault, how liable is the company? This is a question the Court of Appeal Fourth Circuit of the State of Louisiana recently answered. On April 12, 2012 David…
Injured Taxi Driver Fails to Recover in Claim Based on Res Ipsa Loquitor
When an unexpected accident occurs, it can be difficult to pinpoint exactly who is responsible for the injury. In the absence of direct evidence of a violation of a duty, the existence of multiple possible parties who might be responsible can preclude recovery. Mr. Baraki Tsegaye (the Plaintiff) filed a…