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Louisiana Personal Injury Lawyer Blog

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Shreveport Company Loses Ability to Bring Lawsuit Due to Missed Filing Deadline

Wouldn’t it be a disappointment to have your legal claims dismissed because you missed a filing deadline? The rules that apply to time limits for filing cases can be complicated, as Top Dollar Pawn, Gun and Car Audio #5 in Shreveport, Louisiana found when Top Dollar’s lawsuit was dismissed by…

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Even When a Truck Blocks All Lanes, Drivers Still Have a Duty to Avoid

After a motor vehicle collision occurs, a court will assign each driver involved a standard of care they were required to maintain. Drivers under Louisiana law are usually subject to ordinary care when driving their vehicle. However, under the law, certain motorists are held to a higher standard or are…

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Family Drama and the General Power of Attorney in Lincoln Parish

As individuals approach the end of their life or encounter health problems, they may utilize a general power of attorney (POA) in order to care for their property. A POA is a written authorization to represent or act on another’s behalf in private affairs, business, or some other legal matter.…

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Exclusions from a Release May be Just as Important as Inclusions

Suffering through an accident is bad enough, but dealing with the aftermath of that accident can be even worse without the help of a great attorney. An often overlooked but critical step in dealing with the consequences of an accident is deciding who to include or exclude from a release,…

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BUSINESSES’ FAILURE TO RESERVE SUBROGATION RIGHTS LEADS TO DOUBLE COMPENSATION FOR THE VICTIM

After making a successful workers’ compensation claim, an insurer may make a subrogation claim, which is the right of an insurer to recover the amount paid out in a claim from a third party that caused the claim to occur. However, failure to properly reserve this right can affect an…

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Is a Franchisor Liable for the Criminal Acts of a Third Party?

When a patron is injured by a third party at a hotel, the patron might wish to seek damages from a national franchisor. There are however several criteria to establish a franchisor’s liability making it very difficult for a patron to recover in the absence of direct links between the…

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One Three Letter Word in an Insurance Policy Can Have Six Figure Implications

In the insurance industry, one of the most important issues to consider when determining whether a claim is covered under a policy is the wording of the contract. Whether it is home, auto, life, or, as in this case a marine insurance policy, the exact words of the contract will…

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Lack of Substantial Evidence for Denial of Severance Pay Leads to Payment in Case Out of Baton Rouge

When employees are fired they can often be entitled to benefits upon termination; including money payments to act as a substitute salary while the terminated employee searches for another job. While there is no federal requirement in the United States for an employer to offer severance pay, many do as…

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Employee Required to Reimburse Employer for Improper Double Dipping of Workers’ Compensation Benefits in Bossier City Case

Workers’ compensation laws require companies to set aside a fund to pay their employees for work-related injuries. But what happens when the employer also has long-term disability insurance and the injured employee collects both workers’ compensation benefits as well as the employer-funded long-term disability benefits? Receiving benefits from the correct…

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Exception of Prescription Raised After Trial Causes Lawsuit Dismissal in Jefferson Parish Case

In nearly every case of injury to person or property, there is a time period during which you can bring a lawsuit. When that time period ends is determined by statute. Defendants in cases where the time has past may bring an exception of prescription to have these cases dismissed.…

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