We all try our best to avoid trouble, but sometimes fights happen. It may be best to avoid a brawl if you see one occurring. However, when you see your friend in a bind, human nature kicks in, and before you know it, you’re in an altercation that you never…
Articles Posted in Pain And Suffering Claims
Insurance Contract Confusion Leads to Louisiana Lawsuit
Car accidents are scary. Whether any parties are injured or not, dealing with the insurance company for vehicle damage or personal injury is not an enjoyable activity for the general public. The situation is even less enjoyable when the person dealing with the insurance company is not the policyholder. In…
Louisiana Supermarket Held Liable for Human Fingernail in Buffet
How often do you go through the buffet line at your local supermarket? Next time, you might want to think twice before digging in to your lunch. On June 14, 2014, Cynthia Small entered Rouse’s Market hoping to enjoy a meal there. After purchasing items of prepared food from Rouse’s…
Slidell Dollar General Not Responsible for Falling Merchandise Injury
Dollar stores carry a wide variety of merchandise, and stacking these items on shelves saves space. When stocking, employees should always take reasonable care to stack items in a safe manner so they do not fall off the shelf and potentially injure shoppers. For one Slidell man, however, an everyday…
Public Entity Ordered to Pay Damages After Accident on Film Set
No one wants to be held liable for the injuries of another. Wet floor signs, warning tags, and regular inspections are all ways we provide notice to others of hazardous conditions. Sometimes, though, when a hazard is unexpected or has never presented itself as a potential risk of harm, liability…
Personal Injury Lawsuit Brought Too Late For Court to Rule on
The interests of justice are best served when the evidence in a lawsuit is new. This is because any potential witnesses can corroborate or deny evidence presented at trial with a fresh memory of the events or documents. Personal injury cases in Louisiana follow this principle with a one year…
Can You Prove Your Injuries Were Caused by the Accident?
To many who contemplate filing a lawsuit for an automobile accident, it may seem sufficient to show that the other driver was at fault – show he ran the red light, she failed to signal, and then it’s all downhill from there. But one element of all negligence cases is…
Unreliable Medical Expert Methodology Equals No Case Under Daubert in Chalmette Refinery Case
The five factor Daubert test is used in federal courts to determine if the methodology used by medical and other experts is reliable. The five factors that may be considered under the Daubert standard to determine whether the methodology is valid are: (1) whether the theory or technique in question…
What Happens When A Car Accident Aggravates a Pre-Existing Injury?
Sometimes, car accidents happen. Someone speeds, gets distracted, or makes a mistake that causes an accident. Crashes can be unexpected. No one gets to decide what time of day it happens, where it happens, or who gets injured. Instead, you have to take the whole situation as it is. Jay…
Appellate Court Upholds Finding that Accident Did Not Cause Employee’s Injuries
Everyone gets injured, but what happens when you are injured on the job and had been in an accident in the past? Does the court take that into consideration if you file a lawsuit, or does the court presume an accident was work-related? In one local case, the workers’ compensation…