No one can ever truly be prepared for the death of a loved one. It can present many unforeseen challenges, especially when complicated by the process of obtaining survivors’ benefits. After the death of her husband, Jane Butler filed a “disputed claim for compensation” seeking death benefits, as allowed under…
Louisiana Personal Injury Lawyer Blog
Delivery Gone Wrong: Terrebonne Parish Family Wins Appeal in Maternal Medical Malpractice Claim
The birth of a child is something many soon-to-be parents look forward to with both excitement and nervousness. Concern for the health and safety of both mother and child are common, and often, unnecessary. Sadly, this is not always true. In the case of one Terrebonne Parish family, the arrival…
Elayne Hunt Correctional Facility Negligence Leads to Payout for Inmate
Can an inmate be awarded damages from an injury caused by the employees of the correctional facility? According to the 5th Circuit Court of Appeal, the answer is yes. Mr. Miller was an inmate at Elayne Hunt Correctional Facility when an employee of the facility pulled him out of his…
Man Doesn’t Have To Pay Back Alleged Disability Overpayments Without Proof
If you believe you are eligible for retirement, disability, or other benefits from the Social Security Administration (“SSA”), it is imperative that you understand how prior events, including those that may have led to overpayment of prior benefits, can affect your ability to collect these benefits. In 2010, Johnson applied…
Injured Seaman Recovers Damages Despite Failure to Report Previous Injury to Employer
There are unique laws governing benefits and remedies for injured seamen. It is important to know the specific laws and defenses applicable to claims as an injured seaman. Mr. Bourdreaux hurt his body including his back while working for Transocean and they paid for his living and medical expenses as…
How can an Employer use the Courts to Deny a Family Medical Leave Act Claim?
Summary judgment is a legal standard many courts use when there are not enough facts in dispute to even proceed with a lawsuit. When applicable, this is a good strategy for a defense attorney to use because it purges claims that have no merit, saving time and money. The Fifth…
When is a Final Court Judgment Not Final in Louisiana?
Final judgments are usually final. However, not all civil judgments are actually final. In a legal malpractice lawsuit, the plaintiff can attempt to seek relief from a final judgment. However, this remedy is only available under a narrow set of circumstances where the losing party may request the court to…
Insurance Company Refuses Liability in Hit & Run Due to Straw Purchase
Comedian Chris Rock once famously opined that insurance should be renamed, “In-case-of.” You pay for insurance every month “in case of” some unfortunate circumstance occurring. Well, you better have access to an excellent attorney “in case of’ the other driver not having the insurance, or even the car, in his…
Vernon Parish Utility Worker Will Have his Day in Court, Dismissal Reversed
Property owners have a duty to keep their property safe against unreasonable risks of harm to those who are invited onto the premises. However, if a potential risk is “reasonable” is a matter of debate. If the hazard in question is obscured, the owner may be liable. But if the…
Louisiana Court of Appeals Reverses Dismissal of Instructor’s Retaliation Claim Against Tangipahoa School Board
When someone reports misconduct, they might expect the wrongdoer to be reprimanded. They don’t generally expect to be punished themselves. That’s why Ronald Bias at Amite High School was not happy when he was retaliated against after reporting a colleague’s misconduct. Mr. Bias was a senior Marine Corps instructor…