Imagine you go to a hospital for a medical emergency such as leg weakness, back pain, and paresthesia. While you are at the hospital, you feel that you are treated harshly and unprofessionally by the physician that examines you. Later, you find out that the physician wrote insulting things about…
After someone has been through six, separate car accidents, it might be difficult to keep track of which injuries and treating physicians stemmed from which accident. Nevertheless, if you find yourself before a court you must present a detailed and accurate record of everything. The following case, in which one…
You may be entitled to compensation for any injury that occurs on the job. The extent of compensation depends on the extent of your injuries. See La. R.S. 23:1221. The employer and the employee often disagree on the amount of compensation. When this happens, a court of law often becomes…
Parents love their children very much. It is always a difficult experience to involve a child in a lawsuit. Such an emotionally difficult experience can be soothed by having the best attorney possible. Losing a lawsuit on behalf of one’s child is a traumatic experience, especially after an accident. This…
Louisiana law awards damages awarded for injuries caused by the intentional, negligent or reckless act of another. These damages are determined by the finder of fact – a jury or judge – after hearing the evidence presented at trial. Even if the factfinder finds that the defendant is at fault,…
The Louisiana Workers’ Compensation Act aims to protect employees who suffer on-the-job injuries. But in order to benefit from the act, plaintiffs have the burden of proving their claims. This means providing clear and convincing documentation of your injuries and work limitations. In a recent case, the Louisiana Second Circuit…
Appellate courts are reluctant to reverse a trial court’s judgment based on the argument the trial court failed to properly evaluate the evidence. Deference to a lower court is the norm. A recent decision by the Louisiana First Circuit Court of Appeal in DeBlanc v. Albertson’s highlights the principle of…
Concursus proceedings can be complicated. In a concursus proceeding, multiple parties assert competing claims to money or property. La. C.C.P. art. 4651. These types of proceedings are designed to free the court from the burden of dealing with multiple lawsuits. As a party to a concursus proceeding, you assert your…
“An eye for an eye will only make the world blind,” said Mahatma Gandhi. In a recent case, the Ritz-Carlton Hotel Company, LLC claimed that one of its employees filed a lawsuit against it as retaliation for her dismissal from the company. The Louisiana Fifth Circuit Court of Appeal was…
When a person is injured, timeliness and diligence are required to hold the responsible party liable under the law. If either element is missing, the injured person will lose the ability to seek relief. An early procedural hurdle plaintiffs face in litigation is the defendant’s motion for summary judgment. Here,…