Louisiana Personal Injury Lawyer Blog
Accidents can come from the most unexpected of circumstances and result in life altering consequences. Here, a man suffered severe injuries while driving to the local convenience store to purchase a cup of coffee, when a rotten tree from a resident’s yard fell and struck his vehicle.
The victim, 52-year-old Rodney Caldwell, filed a lawsuit against property owner Michael Jones and ANPAC Insurance Company, Jones’ insurance provider. The lawsuit was filed in Lincoln Parish. Caldwell was awarded special and general damages totaling $12,186. However, after being awarded damages for his claim, Caldwell appealed the amount he received in general damages, which totaled $4,000, claiming that the amount was not sufficient compensation for his injuries. On appeal, the Second Circuit Court of Appeals agreed to increase Caldwell’s amount in general damages to $15,000.
Ordinarily, when assessing damages, the judge or jury have discretion to determine what is a sufficient amount to award the victim. La C.C. art. 2324.1. When determining general damages, the court takes into account the victim’s pain and suffering, loss of physical enjoyment, and other losses of life or lifestyle which cannot be definitively measured in monetary value. McGee v. A C and S, Inc., 933 So. 2d 770 (La. 2006).
When representing clients, attorneys walk a fine line between providing adequate services for their clients and being potentially sued by their clients for legal malpractice. While there are legitimate cases of malpractice among attorneys, there are also allegations of malpractice that simply lack merit and are based upon anger from a dissatisfied client. 
When you think of an interrogation, you may think of a cold, plain room. You can imagine the two-way mirror and the rough metal chairs. You’re probably picturing some menacing looking criminal across from a police officer. It’s likely a high-pressure situation, and one party clearly holds most of the power. The police officer is calling the shots, asking all of the right questions, and knows all of the protocols. But what if it was another officer sitting across from them in the interrogation room?
Litigation must come to an end so that parties to a lawsuit can go on with their normal lives. The court system also needs to move on to assist others in settling their disputes. This is a fundamental concept of our justice system. This also encourages courts to deal with cases in an efficient manner so that cases should not drag on unnecessarily. There are several ways in which cases can come to an end. One way is through abandonment. If you file a lawsuit and do nothing about it until three years, that lawsuit will be considered abandoned. In this case, the Fifth Court of Appeal of Louisiana considered a situation where this rule applies.
State of Emergency conditions and evacuations seem to have become increasingly more common in this state over the years. Floods, hurricanes, and other extreme weather conditions can force a whole neighborhood to relocate for a few weeks. At times the evacuation protocols remain voluntary, meaning you may stay in your home at your own risk. Residents choose to weather the storm for a number of reasons, be it to avoid an expensive relocation or to protect their property from looters. Whatever the reason you stay behind, be aware that a State of Emergency prompts law enforcement to be more vigilant in their safety patrols.
Trials are decided solely upon the evidence presented. A judge cannot read a book on the subject, or do extraneous research on the internet, to aid her decision-making process. In this case, the Defendant claimed that the judge did just that, by calling a city official to confirm some data. The appellate court thought otherwise. So, what do you do when you feel as if the Judge made a decision unfairly?
In the Parish of Plaquemines in Louisiana, the oyster business can be quite profitable. Anywhere in the state, land can be a method of maintaining a person’s livelihood, whether it be through oil, tourism, or even an oyster lease. When a person with valuable land passes away, especially if that person is your relative, you may be curious as to how the death will affect claims to the land and its profits. One family found out when the courts were forced to interpret the law of community property as it relates to oyster leases. 
When someone is injured on the job, sorting out liability can be complex. It can be doubly so when a prisoner is temporarily released so he or she can work and is subsequently injured on a job that was approved by the prison system and the sheriff managing that prison, but completely run by a private party. In such a situation, it will take an excellent lawyer to sort out the liability issues and advise whether a lawsuit is worth bringing. So, who is liable for injuries on a work release program?
This case drives home the important reality that sometimes the justice system punishes innocent people, but also shows that in the end true justice can prevail.
When you are injured or ill and need treatment, you turn to a hospital and put your trust in the doctors and healthcare providers at that hospital. Normally, healthcare providers are diligent and provide top-notch care, however, occasionally a hospital fails to live up to the trust given to them by the patient. When this occurs, the