Even a minor car accident can result in injuries causing pain and disability. Some injuries are more difficult to prove than others. When a personal injury lawsuit resulting from a car accident goes to trial, a jury often makes determinations as to the extent of the injuries and the credibility…
Louisiana Personal Injury Lawyer Blog
How Can I Prove My Injury Was a Result of Employment to Qualify for Workers Compensation?
When you have developed a medical condition or are injured during the course of your employment, you could be entitled to relief under Louisiana’s worker’s compensation laws. However, you must be able to show that the injury was caused while you were performing your job. Louisiana law requires the injured…
Black Friday Shopper Who Slipped on Fallen Sign Has Case Dismissed on Appeal
Sometimes going shopping on Black Friday can be dangerous, as Sylvia Scott learned when she went shopping at the Dillard’s Department Store at Esplanade Mall in Kenner, Louisiana and slipped on a plastic sign that had fallen to the floor. A business might be liable for such a misfortune if…
Louisiana Supreme Court Discusses the “Abandonment” Rule
In litigating or defending against claims, timing and rule compliance matters. A failure to timely bring a claim can forfeit your right of recovery. A failure to comply with the time limits and requirements of discovery rules can have a similar effect. When parties fail to take steps to prosecute…
Court Reviews Evidentiary Requirements for Damages Claims in Review of Baton Rouge Rear-End
Damages are the award of monetary compensation that the law imposes on a defendant for a violation of law or a breach of a legal duty. Generally, damages seek to remedy the harm done to the plaintiff by the defendant. The law recognizes several categories of damages including general damages,…
Court of Appeal Describes How “Forced Heirs” Force Their Way into Inheritance
In Louisiana, you cannot “disinherit” your children. What does this mean exactly? It means that upon death, Louisiana law will allow a decedent’s children to share in his or her estate, even if the decedent left those children out as beneficiaries. The left-out children are called “forced heirs,” and will…
Court of Appeal Discusses Application of Penalties in Workers’ Compensation Cases
Under Louisiana workers’ compensation law, employees injured in on-the-job accidents may be entitled to workers’ compensation benefits. If awarded by a court, such benefits must be paid as soon as possible. When an employer fails to pay benefits in a timely manner, penalties and attorney fees may be assessed against…
Actual Notice Exempts Condominium Association From Providing Insurance Coverage for Interior of Individual Condos
You hear it all the time and a good lawyer will tell you: don’t sign anything before reading it. Most people know this, but few people actually practice it. However, following this old adage can save you from many headaches and in the case of Mrs. Theodora Lourie it could…
Slidell Hospital Not at Fault in Lawsuit for Independent Contractor Worker’s Alleged Negligence
If your unlucky enough to slip and fall at a business the first person you would think about suing is the business itself. However, businesses today contract out many aspects of cleaning and other maintenance and in doing so also alleviate their responsibility for negligence on their property. The following…
Personal Rights, Personal Problem: How Defining the Personal Nature of Mineral Rights Can Have Serious Implications for New Owners vis-a-vis Previous Lessees
Louisiana has a storied history with oil and gas drilling. Tracts of land have been drilled all over the state in search of black gold. Typically the oil and gas companies are liable to clean up any pollution and restore the land as it was pre-drill when they are finished…