Louisiana Personal Injury Lawyer Blog
When you sign a settlement agreement and release, it is easy to assume you waived all rights to sue over the incident that led to the agreement. However, there are certain circumstances where you should have been provided with relevant information at the time of signing. Therefore, it is crucial to understand your rights and the terms of any agreement. Consulting with a qualified attorney can ensure you are fully informed before signing.
Russell Charles was driving a vehicle while pulling a trailer on I-10 in Iberville Parish, Louisiana. A Dodge Ram truck driven by Mark Moore hit Charles from behind. Moore owned the Dodge Ram truck through his company, Moore Leasing, LLC, which State Farm insured. After the accident, Moore signed an affidavit stating that he was not working at the time of the accident and that only the State Farm insurance policy would provide coverage to Charles. In addition, Charles and his wife, Consandra, signed a release against all persons, firms, or corporations who were or might be liable for the accident in exchange for $50,000.
Later, the Charleses filed a lawsuit against three companies owned by Moore and his wife, claiming that Moore had been working at the time of the accident, which would make the corporations vicariously liable. The company’s insurer was later added as a defendant. The defendants filed a motion for summary judgment, arguing that Moore had not been working at the time of the accident and that the previous release prevented this lawsuit. The trial court granted the motion and dismissed Charleses’ claims, but they appealed the decision.
When you go to the doctor, you expect they will help you feel better. However, if your doctor worsens your condition, it is essential to understand the legal requirements for bringing a medical malpractice claim. Otherwise, you find yourself unable to recover.
To avoid a lengthy trial, many lawsuits will be solved through settlements. Settlements may have their requirements, like signing a release. If presented with a release make sure you read it carefully and ensure it includes limiting language if other parties may be at fault. This is a lesson learned by Raymond Cressy when he signed a release form through his power attorney, severely hurting his claims. 
If you are injured as a longshoreman, you may be eligible for compensation under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”). It is essential to understand what this statute covers, including when you can switch to a new doctor. 
Workplace accidents can be devastating, and determining fault can be complex and challenging. Clark Nixon, a dump truck driver, recently found himself in this situation after a workplace accident left him injured. While working at a job site for the Terrebonne Levee & Conservation District (“TLCD”), Nixon was involved in an accident with David Danos, an employee of TLCD, acting within the course and scope of his employment. The Louisiana First Circuit Court of Appeal affirmed the Trial Court’s holding of both parties at fault, and the defendants filed an appeal challenging the allocation of 50% fault to Danos and TLCD. 
It may not be uncommon to recover less than you had hoped in a personal injury lawsuit. However, challenging the amount of money you are awarded to get more is a challenging feat. A recent case out of the East Baton Rouge Parish explains why courts tend to defer to the jury when awarding damages. 
The old Disney adage from the original Bambi movie, “If you don’t have anything nice to say, don’t say anything at all,” is probably wise life advice. Still, when it comes to legal advice, any good attorney will tell you, “if you can’t establish the falsity of the claims said about you, then you likely don’t have a defamation claim.” Nevertheless, after some not-so-nice comments appeared in a local newspaper article detailing a Louisiana attorney’s alleged outburst outside a courtroom, he sued for defamation. Still, the courts were ultimately unconvinced by his arguments.
Casinos can be a chaotic mix of adrenaline and alcohol. While a cultural staple of sportsmanship and skill, it is unsurprising that injuries often occur at casinos. The casino may be liable in some instances, but casino guests are also responsible for acting reasonably and taking precautions to ensure their safety, such as moderating alcohol consumption. When a guest under the influence is injured while on casino property, a required showing of causation may be absent due to the contributory factor of intoxication.
Having a sick child can be a nerve-racking time. Having a sick infant is even scarier as you, as a parent, feel helpless. In these times, caregivers turn to the experts in medical centers to help. But, unfortunately, a hospital can’t always help before it is too late. 
Protection from on-the-job injury is vital to any employee, especially those doing manual labor. But when so many types and subtypes of insurance coverage are involved in a single policy, how can you know when you’re covered? And what happens when you can’t tell if specific coverage applies to you? Can you still get protection and justice?