It is always tragic when a loved one passes away, especially when there are children are involved. Death benefits are part of the workers’ compensation system intended to help the surviving family members when someone passes away as a result of an on-the-job accident. However, with the evolving definition of…
We have all heard the saying “time is of the essence.” This is especially true when you are filing a lawsuit. If you do not comply with the statutory requirements for how long you have to file a lawsuit, a court will be unable to hear your claim. Although certain…
Even in cases involving tragic factual situations, strict procedural requirements must be followed to prevail on your claim. This case involves the time limits in which you must file a lawsuit and the principle of contra non valentem, which is a rule that the time limit in which someone has…
Hurricanes do not discriminate. Regardless of age, wealth, gender, health, or race, hurricanes are merciless to all they come in contact with. Such was the case for Ms. Taylor, who experienced the wrath of Hurricane Katrina in 2005. Ms. Taylor had been in the care of Touro Infirmary when Hurricane…
Have you ever witnessed an accident? The experience can be overwhelming, leaving lasting, often overlooked emotional scars. Such consequences raise an essential question; can a witness to an accident seek damages in court? The subsequent lawsuit helps answer that question. The journey of the litigants through the intricate legal landscape…
Insurance claims can be tricky, especially when multiple parties and contracts are involved. What happens, for example, when one insurance company claims they are not responsible for payment after a catastrophic event resulting in lost lives? The following Terrebonne Parish case follows this exact scenario. An explosion at the Transco…
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…
Medical malpractice claims are brought when a patient is a victim of negligence at the hands of their physician. Due to the nature of this category of claims, stories of medical malpractice are often horror stories showcasing worst-case scenarios. Even further, the most intense medical malpractice claims result in the…
We have all read headlines about lawsuits filed against gas and energy companies by workers who have developed health problems at their facilities. But what happens when a plaintiff files a lawsuit which could be barred by a workers’ compensation act? Will the claim be able to withstand a peremptory…
Imagine being on a jury – everything you hear has gone through a process of admittance to be used as evidence during the trial. What the jury is told often plays a role in what the jury thinks of the parties and how it assigns blame amongst them. The following…