statute of limitations

September 26, 2024

Slipping Through the Cracks: The Importance of Timely Legal Action

pexels-cadomaestro-3677150-722x1024 A slip and fall accident in a nursing home can lead to devastating injuries, especially for elderly residents or those with underlying health conditions. But what happens when a lawsuit filed due to such an accident is dismissed because it was filed too late? That’s precisely what happened in the case of Penny Micken, whose legal battle against Heritage Manor of Napoleonville nursing home highlights the critical importance of adhering to legal deadlines.

In September 2015, Penny Micken, working as a sitter at Heritage Manor, slipped and fell on a liquid substance on the floor. The fall allegedly resulted in severe injuries. A year later, Micken filed a lawsuit, but she mistakenly named the wrong defendant, leading to a series of legal complications.

The Wrong Defendant and the Ticking Clock:

September 6, 2024

The Clock is Ticking: Understanding Prescription in Louisiana Personal Injury Cases

by Berniard Law Firm

jon-tyson-FlHdnPO6dlw-unsplash-769x1024 In personal injury law, the concept of “prescription” plays a crucial role. It’s essentially a deadline for filing a lawsuit; if you miss it, your claim could be barred forever. A recent Louisiana Court of Appeal case, Jones v. Iberia Parish Government et al., highlights the importance of understanding prescription rules, especially when multiple parties might be involved.

Agnes Jones slipped and fell on an allegedly defective walkway in New Iberia, Louisiana. Within the one-year prescription period, she filed a lawsuit against the property owner and the Iberia Parish Government. However, almost three years after the accident, she amended her lawsuit to include the City of New Iberia as a defendant.

The City of New Iberia filed an exception of prescription, arguing that Jones’ claim against them was filed too late. The trial court agreed and dismissed Jones’ claims against the City. Jones appealed this decision.

September 3, 2024

When Does the Clock Start Ticking on a Legal Malpractice Claim in Louisiana? Understanding the Peremptive Period

by Berniard Law Firm

pexels-sora-shimazaki-5669602-703x1024 In the realm of legal malpractice, the timing of filing a lawsuit is critical. A recent Louisiana Court of Appeal decision, Wells v. Henry T. Dart, Attorneys at Law, APC, underscored this point, highlighting the one-year peremptive period for bringing such claims in the state. Let’s dissect this case and understand the implications for those considering legal action against their attorneys.

Glenda Wells hired Henry T. Dart, Attorneys at Law, APC, to represent her in a personal injury and property contamination lawsuit against several oil companies. Over time, Ms. Wells became dissatisfied with their representation and lodged a complaint with the Louisiana Attorney Disciplinary Board in October 2013, stating she believed the firm’s actions constituted “major negligence.”

Despite this, Ms. Wells continued her relationship with the firm until they withdrew from her case in 2015. Subsequently, her case was dismissed, and she filed a legal malpractice lawsuit against the firm in March 2017. The firm argued her claim was barred by the one-year peremptive period outlined in Louisiana Revised Statutes 9:5605.