If an individual suffers from chronic pain or a preexisting injury, it may be challenging to prove additional injury due to a car accident. Proving these additional injuries, however, is crucial for collecting damages or compensation for medical bills following the accident. The following Lafayette Parish case shows how a…
Louisiana Personal Injury Lawyer Blog
Exposure to Radioactive Materials: Substantiating Injury Claims with Evidence and Expert Witnesses
Exposure to naturally occurring radioactive materials generally increases due to human activity. Proving harm from these activities may be difficult, however. The following Jefferson Parish case demonstrates the need for substantiating your injury claim with evidence. It further shows the weight a court may place on expert witnesses. In this…
Oyster Leases vs. Oil Wells: A Legal Battle Unfolds in a Louisiana Construction Dispute
Have you ever wondered what happens when things go wrong on a construction project? A recent case out of Louisiana sheds light on the complicated legal battles that can ensue when construction defects are discovered. The case highlights the importance of understanding your legal rights and options when dealing with…
The Importance of Accurate Service of Process Information in Lawsuits
If you need to file a lawsuit, obtaining the opposing party’s accurate service of process address is crucial. Otherwise, you may face challenges similar to those encountered by Veronica Gordon. Gordon was an independent contractor for A-1 St. Bernard Taxie & Delivery, LLC, when she was involved in a motor…
Can a Settlement Agreement Preclude Future Lawsuits? Not Always: A Case Study
When you sign a settlement agreement and release, it is easy to assume you waived all rights to sue over the incident that led to the agreement. However, there are certain circumstances where you should have been provided with relevant information at the time of signing. Therefore, it is crucial…
Navigating Medical Malpractice Claims: Understanding Legal Requirements to Seek Compensation for Harm Done by a Doctor
When you go to the doctor, you expect they will help you feel better. However, if your doctor worsens your condition, it is essential to understand the legal requirements for bringing a medical malpractice claim. Otherwise, you find yourself unable to recover. Milton Harris visited Dr. Breaud, an ophthalmologist, after…
The High Cost of Overlooking Fine Print: A Cautionary Tale of Settlements and Release Forms
To avoid a lengthy trial, many lawsuits will be solved through settlements. Settlements may have their requirements, like signing a release. If presented with a release make sure you read it carefully and ensure it includes limiting language if other parties may be at fault. This is a lesson learned…
When Can an Injured Worker Switch Doctors?
If you are injured as a longshoreman, you may be eligible for compensation under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”). It is essential to understand what this statute covers, including when you can switch to a new doctor. Alexander Scott was a longshore foreman at Ports America. He…
50-50 Fault Allocation: The Complexities of Determining Fault in Workplace Accidents
Workplace accidents can be devastating, and determining fault can be complex and challenging. Clark Nixon, a dump truck driver, recently found himself in this situation after a workplace accident left him injured. While working at a job site for the Terrebonne Levee & Conservation District (“TLCD”), Nixon was involved in…
Challenging Damages Awards: Why Courts Tend to Defer to Juries in Personal Injury Lawsuits
It may not be uncommon to recover less than you had hoped in a personal injury lawsuit. However, challenging the amount of money you are awarded to get more is a challenging feat. A recent case out of the East Baton Rouge Parish explains why courts tend to defer to…