car accident

September 4, 2024

Can a Prior Insurance Lawsuit Affect Your Personal Injury Claim?

pexels-phenyo-deluxe-427483-1486188-1024x683 In the realm of personal injury law, a recent Louisiana Court of Appeal case has highlighted the potential pitfalls of multiple lawsuits arising from the same accident. The case, Wicker v. Louisiana Farm Bureau Casualty Insurance Company, et al., involved a car accident where the plaintiff, Joy Wicker, initially filed a suit through her insurer, State Farm, followed by a separate personal injury lawsuit. The defendants tried to dismiss the second suit based on the doctrine of res judicata, but the Court of Appeal overturned the trial court’s decision, emphasizing the distinct nature of the two claims.

In 2015, Joy Wicker was involved in a car accident with Cathy Craddock. State Farm, Wicker’s insurer, filed a lawsuit in City Court against Craddock and her insurer, Louisiana Farm Bureau, seeking reimbursement for property damage, rental car payments, and medical payments made to Wicker.

Subsequently, Wicker filed a separate lawsuit in the 19th Judicial District Court, seeking damages for her personal injuries from the same accident.

September 2, 2024

Pre-Existing Conditions and Car Accident Claims in Louisiana: Navigating the “Adequate Compensation” Hurdle

by Berniard Law Firm

pexels-pixabay-163016-1024x645 A recent Louisiana Court of Appeal case sheds light on the complexities of personal injury claims following car accidents, particularly when pre-existing conditions are involved. In the case of Lewis v. Fowler, the plaintiffs were involved in a minor accident and subsequently claimed significant damages for aggravated chronic pain. However, the court ultimately ruled that their pre-existing conditions were not substantially worsened by the accident and that they had been adequately compensated by the initial settlement from the at-fault driver’s insurance. This decision highlights the importance of establishing a clear causal link between the accident and any claimed aggravation of pre-existing conditions and the challenges plaintiffs face in proving damages when their medical history is complex.

Walter and Beverly Lewis were rear-ended at a stoplight. While the accident was minor, with no damage to the other vehicle and only slight damage to their own, the Lewises claimed the accident aggravated their pre-existing back and neck pain. They initially settled with the at-fault driver’s insurance company but then filed a claim against their uninsured/underinsured motorist (UM) carrier, State Farm, alleging their damages exceeded the initial settlement.

The trial court ruled in favor of State Farm, finding that the Lewises failed to prove their chronic pain was aggravated by the accident beyond a brief period. It determined that the initial settlement adequately compensated for any injuries or aggravations caused by the accident.

August 29, 2024

Rear-Ended and in Pain: Navigating Damages in a Louisiana Car Accident Case with Pre-Existing Conditions

by Berniard Law Firm

pexels-kartatos-10622718-683x1024 In a recent personal injury case, Latulippe v. West Jefferson Medical Center, the Louisiana Court of Appeal tackled the complexities of assessing damages in a car accident case where the plaintiffs had pre-existing medical conditions. The case arose from a rear-end collision on the Crescent City Connection bridge involving an ambulance. While the defendant admitted fault, the extent of the plaintiffs’ injuries and the appropriate compensation became the central point of contention. The appellate court ultimately affirmed the trial court’s decision, highlighting the importance of proving causation and the impact of injuries on the plaintiffs’ lives, even with pre-existing conditions.

Two brothers, Daniel and Casey Latulippe, were rear-ended by a West Jefferson Medical Center (WJMC) ambulance while stopped in traffic. The ambulance driver admitted fault, stating he didn’t brake to avoid the collision out of concern for the patient and EMT in the back.

Both brothers, along with their wives, sued WJMC for damages. The case went to trial, focusing solely on causation and the extent of the brothers’ injuries.

April 6, 2023

How can an Appeal Affect a Jury’s Award for Mental and Physical Pain and Suffering?

by Berniard Law Firm

money_change_penny_quarter-1024x962 Calculating appropriate damages for a plaintiff who experiences ongoing injuries from a vehicle accident is complex. Jury awards generally are left undisturbed by appellate courts. The following lawsuit shows how the appeals process can alter a jury’s award for mental and physical pain and suffering.

On October 1, 2009, Patricia Aguillard was driving on the interstate when she slowed her vehicle due to traffic ahead. Jeremie Gregory was driving behind Aguillard and rear-ended her vehicle. As a result of the accident, Aguillard experienced extensive physical injuries and mental health issues. As a result, Aguillard filed a lawsuit for damages for her medical issues and vehicle damage against Mr. Gregory and the owner of his vehicle, the City of Baton Rouge.

The trial court found in favor of Aguillard after a jury trial, determining that Mr. Gregory was 100% at fault for the accident. The jury awarded her $122,751 for past medical expenses and $450,150 for future medical expenses, totaling $572,901. However, Aguillard filed a motion for a Judgment Not Withstanding the Verdict (JNOV) in response to this award, claiming that the jury erred when it failed to award her more money for future medical expenses and general damages. The court denied her claim for more in future medical expenses but granted the JNOV as to general damages. The court granted the following amounts: $350,000 for physical pain and suffering, $75,000 for mental pain and suffering, and $15,000 for loss of enjoyment of life. This brought Aguillard’s total award to $1,012,901.