Louisiana Personal Injury Lawyer Blog
The recent decision in Anderson v. State from the Louisiana Court of Appeal, Third Circuit, highlights the complexities of assessing damages in personal injury cases, particularly when the plaintiff has pre-existing medical conditions. The court’s ruling underscores the principle that even if a plaintiff has prior health issues, a defendant can still be held liable for exacerbating those conditions due to their negligence. This blog post will analyze the critical aspects of the Anderson case and its implications for personal injury claims in Louisiana.
Laura Anderson was involved in a car accident with Marlys Sanders, an employee of the State of Louisiana. Both parties had conflicting accounts of how the accident occurred. A jury found both parties 50% at fault but awarded Anderson no damages, concluding she didn’t sustain any injuries from the accident. Anderson appealed this decision.
The medical evidence presented at trial showed that Anderson had several pre-existing conditions, including diabetes, high blood pressure, and prior injuries from previous car accidents. However, she argued that the accident worsened her existing conditions.
In a recent decision, the 
Imagine moving into your new apartment, only to find it’s more like a horror movie set than a cozy home. Mold creeping up the walls, evidence of unwanted rodent roommates… it’s enough to make anyone sick. But does that automatically mean your landlord is liable? A recent court case dives deep into this messy situation, highlighting the legal hurdles tenants face when seeking damages for a less-than-habitable dwelling.
Providing sufficient expert testimony can be crucial to prevailing a medical malpractice lawsuit. But what happens when the court determines that the expert testimony offered by a doctor on the plaintiff’s behalf is insufficient because the doctor does not specialize in the same field as the defendant? 
Today, in the age of ever-prevalent social media, it is easier than ever to express opinions about events and even other people. It is also easier for people to find one another’s statements, even if the people involved don’t know one another. Statements about emotionally charged events can harm a person’s reputation, social standard, or self-worth. The courts must balance free speech and private citizens’ protection. The Louisiana First Circuit Court of Appeal recently considered such a situation. 
When an employee suffers a work injury, it may result in negative consequences for the employee’s health. While Louisiana’s workers’ compensation laws allow the employee to recover damages for these future health complications, this has its limits. The employee must prove that this future negative consequence was related to the initial injury at work. This ensures that employees who are rightfully harmed are compensated while also protecting businesses from having to pay for every future medical problem the employee has.
Every doctor places great value on their professional reputation in the medical world. This is because a doctor’s reputation is one of the primary ways a community judges the doctor’s standard of care. When this reputation is wrongly called into question, a doctor may want to use legal avenues to clear their name. A Parish of Tammany doctor found their reputation challenged and decided to fight back with their own counter-lawsuit to establish that he was not responsible for a woman’s death after his treatment. 
Relationships between employees and employers can sour quickly when employees commit negligence during their duties. In some cases, the innocent party can seek compensation from the employer for damages caused by the employee. But what if the party causing harm is not really an employee but an independent contractor? And what if the roles are not entirely clear? A recent injury case out of Denham Springs addressed those questions. 
After being involved in a motor vehicle accident, you will likely be left with various damages, including medical injuries. Although you may assume insurance will cover all of your injuries and related damages, this is not always the case. The following Ouachita Parish case demonstrates the importance of understanding your policies and legal rights when it comes to motor vehicle insurance claims and of hiring an experienced attorney if you are left unsure of these rights. 
There are many instances when an employer may be held liable for the actions of their employees, even when the former was completely uninvolved in the tort, or wrongdoing. This scenario is referred to as vicarious liability. The court must take several factors into consideration when dealing with a vicarious liability action, as evidenced by a Caddo Parish case involving a Sheriff and his Deputy.