Drivers always have a duty to drive with a standard of care that can ensure the cars immediately around them are safe from a collision. But how far does that duty reach? That was the question when a Parish of Calcasieu man entered the highway from the shoulder which resulted…
An employee injured during the course of employment is generally entitled to workers’ compensation benefits. But can the actions of the employee in their free time affect the continuation of benefits? That was the case for a Parish of Lafayette employee who decided to perform side jobs involving heavy manual…
When multiple companies work together on a project that causes an injury how is liability decided between the companies? That was the case when two Parish of Jackson truck drivers and their trucks were sprayed with acid from a broken hose. The two companies in charge of the project pointed…
Employers and workers’ compensation insurance companies are continually looking for ways to cut their workers’ compensation claim amounts. For the injured employee, a workers’ compensation claim is a new process. But for the employer and insurance company reducing costs is a continual process. This litigation can even continue to happen…
Generally, plaintiffs bring an action against an adverse party to be made whole again in some way. Bringing a claim is a remedy seeking process. But, can a claimant’s inaction cause the proceeding to be dismissed? The Louisiana Fifth Circuit Court of Appeal recently answered this question in the affirmative…
Law abiding citizen or not, people expect local governments to keep them safe, especially from dangerous conditions on public property. But, just how much responsibility do local governments have in keeping public grounds safe? This question was recently answered in a case coming out of Lafayette Parish. On November 15,…
Generally, claimants interested in bringing any cause of action are required to stick to certain procedures including filing the claim within a specified time period. Medical malpractice claims are no different. Failure to file a claim within the statutorily imposed time frame will likely result in the dismissal of that…
The workers’ compensation system exists to compensate employees when a work-related accident occurs. Frequently, however, employers will attempt to deny or at least curtail benefits. One common tactic is to blame an employee’s injuries on a pre existing medical condition rather than the work accident. But does this excuse really…
Imagine you are in a car accident, one that is so severe it results in you being airlifted to a hospital. Recovery time is extensive and your mental capacities are foggy at a minimum. While hospital bound, someone other than yourself files a claim for your workers’ compensation benefits. Due…
Automobile accidents are an unfortunately common occurrence; becoming increasingly more common with the temptations of texting and social media use while driving. While not all accidents result in life-threatening injuries, they do most often come with at least the headache of assigning fault. Figuring out who was at fault sometimes…