A wrongful death action lawsuit can be difficult for an individual to have to deal with. But what happens when a clerk that stamps the lawsuit stamps a date that does not exist? What do you do when the Clerk makes this error? The Third Circuit Court of Appeal for…
The death of a loved one is always a traumatic experience for family and friends, especially if the death could have been prevented or is at the fault of the hospital. When someone feels as if medical malpractice has occurred, Louisiana has strict guidelines regarding filing a medical malpractice lawsuit…
Essential to winning any legal case is having a good lawyer. However, it is even more essential to have a good lawyer when dealing with tricky cases of negligence against the local government. An oversight caused Kenneth Rivarde’s lawyer to submit an incomplete affidavit from a key witness resulting in…
Most Louisiana residents understand the liability they may incur if they do not properly fence a backyard pool. But what about other, less obvious drowning hazards, such as a church’s baptismal pool? Who is held accountable for the failure to protect children from falling in? Typically, a church is part…
Accidents involving children are difficult for everyone involved. When the accident results in extensive, life-changing injuries, the situation becomes even more tragic and often results in multiple lawsuits. A person cannot recover damages unless he or she has a recognized claim to do so under law. This concept is known…
For a plaintiff to prove a negligence case, he or she must prove, among other things, that the defendant owed a legal duty to the plaintiff. See La. C.C. art. 2315 (2016). Often, this element of negligence is overlooked and taken for granted which can lead to dismissal of the…
Because of the highly technical aspect of seeking relief from the court system, someone unfamiliar with the legal process can be confused and frustrated by the litigation process. This circumstance can be intensified by the harm done and the matter being litigated. Mr. William Matthews, the surviving husband of Mrs.…
When someone dies because of another person’s negligence certain individuals can bring a wrongful death lawsuit against the negligent party. Normally, those who may recover under a claim for wrongful death and survival are limited to a certain class of persons. In such cases, the plaintiff can be the surviving…
Often, the facts of a lawsuit are unclear. One strategy that lawyers often use to prove their version of events is to use an expert witness to corroborate their side’s story. Expert witnesses are individuals who possess knowledge in a field or area that the average person knows little to…
A common tactic of defendants is to attempt to remove a case from state court to Federal Court if there is the slightest indication that such removal might be proper. Depending on the case, however, it may be more advantageous to a plaintiff to keep the case in state court.…