Navigating bureaucracy and red tape is a common experience when dealing with government agencies and trying to obtain workers’ compensation benefits. However, if you find yourself frustrated by what seems like an improper requirement, you might be able to challenge an administrative agency’s actions as exceeding its authority, as Calvin…
Articles Posted in Negligence Claims
How Genuine Issues of Material Facts Can Impact a Personal Injury Case
Personal injury cases are notorious for their intricate nature, often posing challenges in determining fault and establishing liability. Complications escalate further when discrepancies arise regarding the facts surrounding the incident. When blame is uncertain, and parties refuse to accept responsibility, the legal landscape becomes increasingly convoluted. A recent Louisiana Court…
Importance of Timely Filing: A Case Study on False Arrest and False Imprisonment Claims
Filing a claim in court requires careful consideration of the appropriate time frame, as it can significantly impact the success of a lawsuit. This is particularly crucial when dealing with actions such as false arrest and false imprisonment, where prescription periods play a significant role. In a noteworthy case involving…
Law Firm Not Liable in Legal Malpractice Lawsuit Despite Conflict of Interest
In some cases, mistakes in following procedure can harm a plaintiff’s cause of action even if the case otherwise may be successful on the merits. For example, legal malpractice cases in Louisiana must be filed within one year from when the plaintiff knew or should have known that malpractice had…
Louisiana Court Affirms General Damages Awarded to Ascension Parish Woman Injured In Auto Accident
Although you may be excited if you are awarded damages at trial, your award might still face a challenge on appeal. Therefore, when you are involved in a trial for an accident in which you were harmed, it is important to understand what evidence you need to present so that…
HOW DOES A COURT DECIDE HOW MUCH FAULT A DRIVER HAS WHEN BOTH SIDES CAUSED AN ACCIDENT
Simple driving accidents happen every day due to lapses in inattention. The results of these lapses can have devastating consequences. Whose is at fault in an accident when both parties were less than perfect in assessments of dangers on the road? The subsequent lawsuit from Louisiana shows how a court…
When Coworkers Attack: Negligence Claims for Intentional Workplace Injuries
An employee injured at work while performing the functions of her job is generally entitled to worker’s compensation. But what about a worker injured on the job by the intentional act of a fellow employee? An action for recovery due to employer negligence could be a better option. Louisiana worker’s…
Allocating Damages in Wrongful Death Cases: Navigating the High Standard of JNOV Motion
Allocating damages in a wrongful death case is challenging because putting a price on a life is hard. Therefore, if a family in a wrongful death case feels the jury abused its discretion in calculating that monetary value, then the family can resort to a motion for JNOV to try…
Underlying Medical Conditions, Can You Claim Res Ipsa Loquitur in a Lawsuit?
You think that when you’re being taken care of by hospital personnel, you are in safe hands and do not have to fear for your safety. However, if you are injured when being moved from a hospital cart to your bed, can you claim negligence based on res ipsa loquitur?…
What Happens When There is More Than One Claim to a Deceased’s Property?
Losing a loved one is hard enough. What happens, however, when multiple people claim they have a right to the same property the decedent owns at the time of their death? Cases involving multiple parties and claimants can get tricky, especially when one claimant was the decedent’s spouse and the…