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accident_car_accident_crash-1024x768If an individual suffers from chronic pain or a preexisting injury, it may be challenging to prove additional injury due to a car accident. Proving these additional injuries, however, is crucial for collecting damages or compensation for medical bills following the accident. The following Lafayette Parish case shows how a plaintiff may prove a causal link between the car accident and their injuries. 

This case concerns a motor vehicle accident between Traci Herbert and Brian Meaux. The accident occurred when Herbert made a wide right turn into a parking spot, and Meaux, who was driving a company vehicle for Barry’s Air Conditioning, wrongly assumed she was turning left. Meaux then attempted to pass Herbert on the right when the two cars collided.

At the scene of the accident, Herbert reported to the responding officer that the accident caused her to hit her head. She later testified that she suffered from a headache and neck and back pain as a result of the accident. The day after the accident, Herbert visited her chiropractor, Dr. Tiffany Pratt, who testified that her various injuries were caused by the accident and further required a course of treatment lasting nearly four years, including a referral to a neurologist.

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nuclear_waste_radioactive_trash-1024x529Exposure to naturally occurring radioactive materials generally increases due to human activity. Proving harm from these activities may be difficult, however. The following Jefferson Parish case demonstrates the need for substantiating your injury claim with evidence. It further shows the weight a court may place on expert witnesses.   

In this case, over 1,100 individuals, referred to as the “Dottie Adams” plaintiffs, filed a petition together stating they were either directly or indirectly harmed by exposure to radioactive material caused by Exxon Mobil Corporation, Mobil Exploration, and Producing North America, Inc. (“Exxon”), and Shell Oil Company, Shell Offshore, Inc., SWEPI LP, ConocoPhillips Company, and Alpha Technical Services, Inc. (“Shell”). The Dottie Adams plaintiffs all lived, or currently live, in Harvey or worked near the contaminated Grefer Tract, a 33-acre industrial tract in Harvey.  

After years of litigation, Exxon filed motions for summary judgment alleging that several of the Dottie Adams plaintiffs could not substantiate their claim that they or their property were exposed to radioactive material above naturally occurring background levels. In their motions, Exxon included an affidavit from its expert health physicist, who stated, in part, that it was more likely than not the plaintiffs’ properties were not impacted by the naturally occurring radioactive material from the operations occurring in the Grefer Tract. 

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oyster_seafood_danish_1576297-1024x768
Have you ever wondered what happens when things go wrong on a construction project? A recent case out of Louisiana sheds light on the complicated legal battles that can ensue when construction defects are discovered. The case highlights the importance of understanding your legal rights and options when dealing with construction disputes and the need for skilled legal representation to navigate the complex world of construction law.

The owner of multiple oyster leases, Wade White, filed a lawsuit against Cox Operating, LLC, seeking damages for the harm caused to his oyster beds during Cox’s drilling of oil wells. In 2000, Cox entered into an agreement with White when it began drilling wells near some of his oyster leases. Cox negotiated another drilling release with White in 2012 when it sought to drill more wells near his leases. However, White discovered that Cox had driven pilings into his oyster leases and was using routes that differed from the agreed-upon routes. As a result, Cox removed the pilings and continued to follow the previous routes. Cox later claimed the executed drilling releases covered any damages caused by the pilings and extra water traffic.

White then filed a lawsuit against Cox due to the pilings, and Cox filed an exception of res judicata, arguing the written releases barred the plaintiff’s suit. If someone wants to use the res judicata defense in a lawsuit, they need to prove it is true using evidence that shows it’s more likely than not true. Then, at the trial, they can bring in more evidence to support their argument as long as the reasons for using that evidence were already brought up before the trial.

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auto_wall_breakthrough_art-1024x683If you need to file a lawsuit, obtaining the opposing party’s accurate service of process address is crucial. Otherwise, you may face challenges similar to those encountered by Veronica Gordon. Gordon was an independent contractor for A-1 St. Bernard Taxie & Delivery, LLC, when she was involved in a motor vehicle accident while driving one of their cabs. Three days after the accident, she went to the emergency room for treatment of pain in her arm, shoulder, neck, and back.

Three months after the accident, Gordon filed a claim against A-1, alleging that they had failed to pay her wage benefits and authorize necessary medical treatment. She also sought penalties and attorney’s fees. Initially, Gordon listed an incorrect address for service on A-1, and even after amending her claim with an updated address, service could not be perfected.

In December 2015, the Louisiana Office of Worker’s Compensation (OWC) ordered Gordon to explain why her complaint should not be dismissed for failure to prosecute. A week later, Gordon filed a motion to appoint a special process server, which was granted. However, after several failed attempts to serve process on A-1, Gordon filed a motion in February 2016 to appoint the Louisiana Secretary of State as the Agent for Service of Process for A-1, which was also granted. The Secretary of State sent the second amended claim to A-1’s last known address.

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interview_paperwork_quill_law-1024x768When 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.

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medical_ultrasound_monitor_doctor-768x1024When 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.

Milton Harris visited Dr. Breaud, an ophthalmologist, after experiencing difficulties with his vision. Breaud performed multiple procedures on Harris, including laser procedures and surgeries. Unfortunately, following a surgical vitrectomy, Harris suffered a cardiac arrest and had to be hospitalized in the ICU.

 Just under a year later, Harris requested a Medical Review Panel to evaluate his medical malpractice claim from the treatment his ophthalmologist provided. The panel found there was no evidence that Breaud did not meet the required standard of care and pointed to improvements in Harris’ vision. Harris and his wife then filed a lawsuit against Breaud for medical malpractice and negligence. 

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business_signature_contract_962358-1024x768To 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. 

In 2010, Raymond Cressy was a passenger in a 2006 Dodge Durango driven by his brother and owned by his sister, Yolanda, in Natchitoches Parish, Louisiana. The driver swerved to avoid a tire in the roadway when control of the vehicle was lost. The vehicle consequently entered the median and rolled several times. The accident left Raymond a quadriplegic. 

Yolanda, later in 2010, was granted power of attorney over Raymond. In late 2011, acting as Raymond’s power of attorney, Yolanda signed a document titled “Release In Full of All Claims” on Raymond’s behalf with the understanding this was to settle claims against the GEICO insurance company.

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doctor_consults_with_patient_0-1024x683If 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. 

Alexander Scott was a longshore foreman at Ports America. He suffered injuries to his lower back and hip after a forklift at work hit him from behind. Scott agreed to be treated by Dr. Steiner, a doctor for Ports America.  After Scott had been under Steiner’s care for about five months, Steiner told him that he had improved as much as medically possible and did not need further care, and could return to work with no restrictions. Scott claimed he was still in pain. Steiner told Scott to try to work and come back for a checkup the next month. Scott did not go back to work and, rather, went to other doctors who told him not to return to work. 

When Scott returned to Stiner, Stiner told him again he should return to work. Scott met with another doctor who recommended additional physical therapy and medication and advised he should not return to work. Ports America refused to pay for this additional recommended treatment and stopped paying compensation payments. 

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tilt_trucks_truck_kieswerk-1024x768Workplace 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. 

At the time of the accident, Nixon was hauling dirt to the job site, where dirt was being stockpiled to build a levee at a later date. The dump truck drivers backed their trucks to unload dirt, and a bulldozer operator would then push the dirt from the pile up a ramp, travel in reverse back down the ramp, and then repeat the process. TLCD also employs a spotter who verifies the dump truck’s load of dirt, documents it, and directs the dump truck drivers where to dump the load of dirt.

Under Louisiana law, courts have adopted a duty-risk analysis in determining whether to impose liability under the general negligence principles. La. C.C. art. 2315. Nixon alleged negligence on the count that he was injured because of the accident and that Danos and TLCD’s negligence was the cause of his injuries. The defendants had denied liability and claimed the accident occurred because of Nixon’s fault. 

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truck_yellow_toy_dump-768x1024It 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. 

Stephen Gordon was driving his car on Interstate-10 with his wife, Melissa Gordon, in the passenger seat on the Mississippi River bridge in East Baton Rouge Parish, Louisiana. While Gordon was driving in the middle lane, a Mack dump truck was traveling eastbound in the left lane. The truck driver merged into the middle lane and hit Gordon’s car. The Gordons alleged that they were injured in the accident and filed suit. They sued Paul Wright, the driver of the dump truck; Vision Trucking, LLC, the owner of the dump truck; Joseph W. Wright, Jr, the driver’s employer; the owner of Vision Trucking, LLC; and the liability insurer of the driver and Vision Trucking, LLC. Ms. Gordon then settled all her claims against the defendants, and Mr. Gordon’s claims proceeded to trial. 

At trial, the court determined that Mr. Gordon lacked credibility and appeared to exaggerate the extent of his injuries because much of his testimony about his injuries and treatment was contradicted by other evidence. However, the trial court still noted that Mr. Gordon had extensive treatment to his back, neck, and right leg before the accident, which intensified his pre-existing condition. The court awarded Mr. Gordon $15,000 in general damages and $5,092.07 in special damages, and Mr. Gordon appealed. Mr. Gordon argued the trial court failed to award him the full amount he claimed in special damages for his past medical expenses, failed to award future medical expenses for recommended surgeries, and abused its discretion in awarding general damages that were “unreasonably low.” 

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