Car accidents can be a problematic scenario for the parties involved emotionally and financially. This situation can become even more complicated when the insurance company provides coverage to both parties involved in the accident, and the injured party files a lawsuit against the insurance company, arguing that the injured party…
Louisiana Personal Injury Lawyer Blog
Who is Liable for a Slip and Fall Accident in Louisiana, the Landlord or Tenant?
A customer sustaining severe and permanent injuries from a slip and fall accident at a business can cause one to wonder about the potential liability of the business owner. This can become even more complex in a situation where the business owner has leased the unit from the party that…
Louisiana Court Finds Medical Malpractice Allegations Broad Enough to Proceed
Medical procedures are never an enjoyable process. However, the process becomes even more miserable when recuperation is delayed because of infections. Darrin Coulon found himself in this situation after receiving shoulder surgery in 2011 from Dr. Mark Juneau at the West Bank Surgery Center. His recovery became even more difficult…
If You Give a Horse a Carrot – When are Visitors Covered by the Equine Immunity Statute?
Feeding a horse a treat can seem all fun and games until the horse bites you. This is a lesson Danielle Larson, a visitor to Equest Farm in City Park in New Orleans, learned the hard way in 2013 when a horse bit her while she was feeding it a…
What Court has Jurisdiction over Louisiana Police Disciplinary Action Tort Claims?
Even if your lawsuit has good facts, to prevail, the court must have subject matter jurisdiction to hear your case. Subject matter jurisdiction is the “legal power and authority of a court” to listen to a given proceeding. See La. C.C.P. art. 2. Understanding these complex jurisdictional requirements is imperative…
Louisiana Man Denied Texas Workers’ Compensation Because He Was Not a Texas Employee
The importance of legal contracts cannot be understated. Though we generally sign contracts on social media or online shopping websites without ever looking at their provisions, it is essential to carefully look at contractual provisions in insurance policies and the like. For example, you never want to discover that your…
Injured Worker’s Lawsuit Rejected for Failing to Show Any Genuine Issue of Material Fact
Most court cases do not proceed to actual trial. In the context of criminal cases, the defendants often accept plea deals. In the context of civil cases, however, parties often settle or the case is simply dismissed through motion practice. For a plaintiff to succeed in a civil case, he…
Medical Malpractice Claim Sent Back to the Trial Court due to Doctor’s Affidavit
Lawsuits are filed every day. However, not all of these lawsuits are worth the attention of the courts. Courts are already swamped with dozens and dozens of cases on their dockets and they cannot afford–both monetarily and temporally–to hear every case that comes to their courtrooms. As a result, courts…
Can Independent Contractors Performing Manual Labor Receive Workers’ Compensation Benefits in Louisiana?
There are many ways that someone can be denied workers’ compensation benefits. Sometimes it is determined that the accident giving rise to the injury never occurred, other times the claim is filed too late, and in other cases the capacity in which the worker was hired determines eligibility for benefits.…
Does Your Work-Related Accident Qualify for Workers’ Compensation Benefits?
What may seem like a simple worker’s compensation claim can turn into a surprisingly complicated dispute over the nature of the injury and the payment of benefits. For many years, Reginald Crockerham worked as a forklift operator for Weyerhaeuser Holden Wood Products in Tangipahoa Parish. After almost two years of…