When a loved one dies from an avoidable accident, a family’s options for recovery include a wrongful death lawsuit. For this claim to succeed, a family often needs to prove that someone had a duty to protect the decedent but acted negligently in causing this death. For wrongful death lawsuits…
Articles Posted in Pain And Suffering Claims
Lafayette Police Shooting Shows the Limits of Officer’s Qualified Immunity
Qualified immunity is a concept that is designed to protect civil servants from lawsuits for their official actions. The “qualification” means that immunity does not operate for actions that are unlawful or that show extreme incompetence. Generally, under Louisiana law, law enforcement officers are entitled to immunity so long as…
After Bar Fight in Lake Charles, Louisiana, Court Reviews Award of Damages
People bring lawsuits in order to obtain compensation for wrongs they have endured. Even when there is no dispute about liability, determining the appropriate categories and amounts of damages can be complicated as it involves numerous legal and technical issues. Damages can encompass everything from past and future medical expenses…
Court Overturns Finding of Comparative Fault and Awards Damages
In Louisiana, determining the allocation of fault is an important part of lawsuits because it directly impacts the damages you can be awarded. If you are found 40% at fault, then you will only be able to collect damages for 60% of total damages. Bordelon was employed by Avoyelles Parish…
Court Affirms Award of Damages from Negligent Massage
Imagine going to get a massage and leaving with an injury that forever altered your life. After such an injury, it is difficult to put a dollar value on these injuries. The following lawsuit discusses the types of damages that can be sought by a Plaintiff who believes that they…
Lafourche Parish School Board Potentially Liable for Child Injured in Bus Stop Accident
Entrusting a child to the care of a school bus requires a certain amount of faith that they will arrive at the correct destination, safely. For any parent or guardian this evokes a certain amount of anxiety. For a parent with a special needs child, this act of faith likely…
Louisiana Circuit Court Affirms Dismissal of Emotional Distress Lawsuit in Helicopter Crash Case
For a negligence lawsuit to have any chance of survival, an essential element is to show the plaintiff had damages. Often these damages are obvious physical injuries. Sometimes however, damages claimed are for emotional distress. Due to its intangible nature, emotional distress can be extremely difficult to prove and a…
Collision with Officer on Scenic Highway Leads Court to Evaluate Victim’s Damages Claims
Car accidents can have long-lasting effects that are not immediately apparent at the time of the accident. Victims may initially report that they do not suffer from pain, only to be struck with it days, weeks, or even months later. This pain can have debilitating effects on one’s current and…
Foster Child’s Appeal Denied Following Highway 724 Crash
Life deals some people a tough hand. For Geneva Fils, a Louisiana infant in the foster care system, a car crash and severe injuries followed by a lengthy lawsuit added to her list of problems. The Louisiana Department of Social Services (now known as the Department of Children and Family…
Tangipahoa Parish Bar Fight Case Remanded Because of Inadmissible Evidence
One bad decision can lead to a huge legal headache. The combination of a chaotic atmosphere and alcohol makes bars the perfect storm for mistakes that can later lead to huge liability. In a recent case, a man who punched another patron at a Tangipahoa Parish bar appealed a default…