Prescription refers to the amount of time you have to file a lawsuit. If you do not comply with this procedural requirement, your case will be dismissed. In order to determine the date by which you must file your lawsuit, you need to know both the prescription period and when…
Sometimes, commonplace items such as stairs can lead to serious injuries. This case involves the unfortunate situation of a woman who fell down stairs and was injured. Under what circumstances can a building owner be held responsible for injuries from falling down the stairs? Earline Couvillion fell on stairs while…
While many people enjoy oysters, few people are aware how oyster leases work. This case involves a couple who held oyster leases that were harmed when a company decided to renter a nearby oil well. Can that company be held liable for the damages to the holders of the adjacent…
Honesty is the best policy. This is especially true in the workers’ compensation space, because if you are found to have been fraudulent, you forfeit your right to workers’ compensation benefits. Before Alex Turner started working for Chicago Bridge, he completed the Louisiana Office of Workers’ Compensation Second Injury Questionnaire.…
“Causation is an issue of fact.” “It is the test for determining the causal relationship between an accident and an ensuing injury.” D’Angelo v. Guarino. This definition was vital in the following case. In this case, court records revealed that Dwayne Levine (Plaintiff) was involved in an accident in 2012…
Car accidents can often give rise to lawsuits with complicated issues of causation and damages. Often, one or both sides will have expert witnesses to help explain complicated issues to the jury. What happens if one side argues the other side’s expert witness should not be allowed to testify as…
Under the Louisiana Recreational Use Immunity Statues, owners and operators of property used for recreational purposes are immune for liability for tortious acts. Does this immunity apply when a child is injured playing in a gated residential community? Three Doyle children were playing in the common area of their subdivision…
If you retain a lawyer, you expect they will fairly represent you. What happens if after you hired a lawyer, you learn that lawyer had previously represented one of the parties you are suing, multiple times? Just like in other lawsuits, it is essential that you file any lawsuit within…
If you purchase an under or uninsured insurance policy, you might expect it to cover you if you are involved in a car accident. However, such insurance policies only apply in limited circumstances. By understanding your under or uninsured insurance policy and what evidence is required to establish your damages,…
Although the Constitution provides for the right to an attorney in criminal cases, this right does not apply to civil cases. What happens if you bring a claim for excessive force but your attorney withdraws? Are you entitled to have counsel appointed to represent you? Bobby Byrd was arrested on…