Louisiana Personal Injury Lawyer Blog
One of the first things that occur after a car accident is the parties exchange insurance information. But, unfortunately, just because someone has an insurance card doesn’t always mean they are covered for the wreck they caused. A driver in Metairie learned that lesson the hard way, as shown by the case below.
In 2012 in the Parish of Jefferson, Miriam Blandino was driving her partner’s car with their children inside when she was rear-ended at a stop sign. She and her partner subsequently sued the driver (from now on “Ms. Doe”) and the driver’s insurance (from now on “USAgencies”) for damages. However, USAgencies was let out of the lawsuit because Ms. Doe never actually obtained insurance through them.
Earlier that year, in February, Ms. Doe had signed up for an automobile insurance plan covering her from February through August, but her initial payment was declined. USAgencies notified her of this failure to pay and allowed her to reinstate her policy: she would need to provide the proper amount and a fifteen-dollar fee within ten days of the notice. Unfortunately, USAgencies never received payment from Ms. Doe, and thus her policy never became effective, so she was never covered.
Usually, in a dispute concerning a car accident, the issue surrounds fault or the extent of injuries. Occasionally though, the argument is whether a passenger in one of the vehicles was even a passenger. Evidence that one was a passenger and present during the accident would seem helpful but does not guarantee recovery, as one plaintiff learned after a 2011 car accident in Jefferson Parish.
Litigation can be lengthy and costly, especially when expert witnesses get involved. The good news is that a prevailing party can be awarded many of these costs at the trial court’s discretion. The bad news? Not every fee may be granted, as Carlo Conforto learned in a case he brought to the Twenty-Fourth Judicial District Court in Jefferson Parish.
Car accidents can be a problematic scenario for the parties involved emotionally and financially. This situation can become even more complicated when the insurance company provides coverage to both parties involved in the accident, and the injured party files a lawsuit against the insurance company, arguing that the injured party is a first-party claimant. The Fourth Circuit Court of Appeals for Louisiana recently addressed the issue.
What happens when a motorist is injured in an automobile accident while operating a vehicle owned by an employer? While Louisiana law often permits named insured employees to receive reciprocal coverage under an employer’s insurer, insurance law is a complex and, at times, unclear field, especially in relation to uninsured/underinsured motorist coverage. In the case of Chris Loudermilk of New Roads, Louisiana, the Louisiana First Circuit Court of Appeal felt that Loudermilk was not permitted to recover under the language of his employer’s insurance policy.
When there’s no other option, bankruptcy is an effective tool to shield you from your creditors. But often, those filing bankruptcy do not consider how intrusive a bankruptcy can be. After filing bankruptcy, your remaining assets are put under a microscope by the bankruptcy trustee. Every transaction you make while in bankruptcy, and 90 or more days beforehand, are scrutinized, questioned, and may even be reversed. 
Trees can add aesthetic value to your property and provide benefits such as shade in the summer heat and place for birds to nest. However, under certain circumstances, property owners can be held liable for injuries resulting from a fallen tree limb. This is exactly the situation homeowners and the Town of Delhi, Louisiana found themselves in after a tree limb fell on a car, causing severe injuries to a passenger. 
In some legal situations, there will be conflicting laws and a question of which law correctly applies to the situation at hand. For that reason, Louisiana has developed a mechanism to determine what to do when there are conflicting laws. First, when determining what law to use, the court must look at each state’s relationship to the lawsuit, the people involved in the case, and the person whose status is at issue. 
Life can be upended in an instant. One person’s negligent act can change the trajectory of multiple people’s lives. How much monetary compensation should this negligent, life-altering person be required to pay? Often after a trial court determines a damage award, the award stays the same. But what about when this award does not really compensate for the injuries? Recently, the Louisiana Third Circuit Court of Appeal determined that an injured party was entitled to far more than the trial court awarded in a car accident lawsuit out of Iberia Parish.