What happens when a cow crosses a road? Although that might sound like the start of a joke, that is the situation Zaine Kasem found herself in after being run over by a cow that escaped from a herd owned by Joyce B. Williams and H.R. Williams Cattle Company (“HRW”). …
Articles Posted in Negligence
Navigating the Rules of Evidence: How They Can Impact Your Lawsuit and the Jury’s Perception
When you are preparing for a lawsuit, it is crucial to understand what evidence you will be allowed to present in support of your claim. On the flip side, if there is evidence you do not think the other party should be able to present, you can file a motion…
Prevailing Against All Odds: Triumphing in a Workers’ Compensation Claim
In the realm of lawsuits, there are always two sides to the story, presenting challenges in determining who will emerge victorious. However, even when faced with factual disputes, there is still hope for success in your worker’s compensation claim. The case of David Thibodaux, a truck driver for Grand Isle…
The Challenge of Establishing Causal Links in Workers’ Compensation Claims
A pre-existing illness requiring time off is difficult, especially if one believes the work environment is worsening the condition. However, proving the environment is the cause of the worsening condition is difficult to do. So, how can a pre-existing illness affect a worker’s compensation claim? What happens if you cannot…
Establishing Causation in Negligence Lawsuits: The Key to Prevailing in Court
Dreaming of your day in court? Understanding the crucial elements necessary to succeed in your claim is essential. When pursuing a negligence lawsuit, one of the most challenging elements to establish is proving that the other party caused your injuries. Failure to provide sufficient evidence demonstrating a factual dispute regarding…
Louisiana Patient’s Compensation Fund Oversight Board Cannot Exceed Its Statutory Authority
When pursuing a medical malpractice claim in Louisiana, adhering to the necessary procedural requirements is crucial for a successful case. Failure to comply with statutory obligations can lead to legal battles centered around procedural technicalities rather than the merits of the claim. That is the situation Lori Franks found herself…
From Business to Lawsuits: When a Trip Takes a Wrong Turn
Business trips can provide opportunities for networking and leisure, but unexpected injuries can turn the experience into a nightmare. One such example is the case of Jonathan Peters, who attended a business convention in New Orleans and stayed at Harrah’s Hotel. Peters visited New Orleans for a business convention and…
Can You Succeed in Appealing a Court Decision Made Against You?
Accidents happen daily, and when they do, they can be overwhelming and stressful. If you’ve been in an accident and filed a claim for damages, but it gets dismissed due to the granting of a motion for summary judgment in favor of the defendants, you may feel like there’s no…
The Importance of Accurate Service of Process Information in Lawsuits
If 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…
50-50 Fault Allocation: The Complexities of Determining Fault in Workplace Accidents
Workplace 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…