Louisiana Personal Injury Lawyer Blog
Insurance is such a lucrative business because while almost everyone will purchase some form of it, very few will ever make a claim against the insurance company, and even fewer will be successful. This allows insurance companies to generate huge profits on premiums paid by policyholders. Unsurprisingly, those who do make claims against insurance companies can count on being challenged at every turn, as the insurance companies will hire some of the best attorneys in order to avoid shelling out a dime to cover the policyholder. That is exactly what happened when Shelter Mutual Insurance Company became a party to a suit brought by a University of Louisiana Lafayette student after her professor, the insured, went on a tirade in class.
The incident began in 2004 when UL Lafayette student Kacie Renee Spears attended a class taught by Dr. Louis Houston. During that class, Dr. Houston became extremely agitated and, in a fit of rage, threatened to kill Ms. Spears if she attempted to leave the classroom, spat in her face, and physically struck one of her fellow students. Ms. Spears was so severely distressed by the experience that she sued for damages associated with emotional and physical trauma and medical expenses, naming Dr. Houston, his homeowner’s insurer Shelter Mutual Insurance Company, and the Board of Supervisors for the University of Louisiana System as defendants.
In her complaint, Ms. Spears alleged that the University of Louisiana System was liable due to its negligent hiring, retaining, and supervising of Dr. Houston, given that he had a history of delusional and outrageous acts and had a previous delusional episode while employed by the University. Ms. Spears also asserted that Dr. Houston suffered from bipolar disorder, a mental illness that causes delusions and that, at the time that Dr. Houston exhibited the aforementioned behavior, he was suffering a delusion that may have manifested from his mental illness.
Minor car accidents occur on a daily basis. Many of us have probably been involved in a fender bender or two, ourselves. The usual course of action includes exchanging information and getting insurance companies involved, but even the smallest car accidents can lead to litigation. It is imperative to understand everything that is necessary in order to prevail at trial in such matters. Unfortunately for one plaintiff in Crowley, Louisiana, the complexities involved with these seemingly small lawsuits left him unable to overcome his burden of proof at trial.
Parties to a lawsuit are required to submit evidence in support of their claim. Depending on the piece of evidence, the court may demand very specific evidence; and in such circumstances, complying with the mere spirit of the order to produce evidence may not be enough for the court. A party who does not provide the evidence requested by the court may be held in contempt as one Louisiana plaintiff recently found out the hard way. 
When asserting a cause of action or maintaining certain legal defenses in court, parties bear the burden of proving their case. This is done by presenting evidence to the court such as documents and witness testimony. Often, certain issues will require the court to make findings of fact which require scientific expertise or specialized knowledge. Expert witnesses assist the trial court in understanding complex issues of fact that could be determinative to the outcome of a case. A recent decision discusses how a court qualifies experts and utilizes their testimony.
Failing to name all potentially liable parties in a lawsuit in a timely manner could result in the loss of the right to add those parties to the lawsuit at all. A case out of Avoyelles Parish, Louisiana illustrates the importance of finding a good lawyer after an automobile accident to ensure that all potentially liable parties are named before it is too late. 
How do you know whether an arbitration provision in a contract applies? The easy answer: read the contract. If you are a member of a company that provides services to you, such as financing your small business needs, you must be sure to closely read any and all documentation relating to the services provided and what you can do if you are dissatisfied with the company’s work. Companies will often include an arbitration and mediation clause in their contracts with individual members. This means that instead of suing the company in a court of law, the dispute would first have to be arbitrated by an independent third party and an attempt at mediation would have to be made. In Louisiana, companies frequently create operating agreements that function as contracts between owners and members. These operating agreements use a lot of boiler plate language that is ultimately enforced. In fact, Louisiana law favors arbitration. See 
No one likes to deal with insurance matters. Shopping for insurance and understanding the terms of an insurance policy can be complex. Most people are happy to just pay their monthly premiums and know that they have insurance when they need it – and then hope they never need it at all. One woman learned how complex insurance matters can be when she was injured in July of 2012 when the Pontiac Sunfire that she was driving was involved in an auto accident in Ouachita Parish.
If your contractor tells you a job will take a day, you might expect it to actually take a week. But, do you have to pay your contractor for time they are unable to work? Depending on the contract agreement you signed you may be liable for the costs the contractor has even when work is not going according to plan. This may be particularly true if you fail to uphold some part of the bargain. Whenever you enter a contract or feel that a contract may have been breached, it is important that you fully understand your contract. A case out of Baton Rouge in 2001 gives some insight into the necessary proof when trying to recover for contract losses. 
If you fail to make payments on a mortgage you may lose your home, but you may also be held liable for any remaining debt after your home has been sold. If the sale of your house does not pay off the balance of what you owe, the institution owning the mortgage may come after you for a deficiency judgment. A deficiency is essentially the balance remaining on the loan after the sale of the property. For example, if a homeowner with a $100,000 mortgage defaults and the bank sells their home for $75,000, there would be a $25,000 deficiency. The owner of the debt may be able to come after a person for the deficiency.