Louisiana Personal Injury Lawyer Blog
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 Shipyard, serves as a prime example of overcoming obstacles in the pursuit of justice. Despite skepticism about the origin of his injuries and facing resistance from his employer, Thibodaux’s perseverance and the support of a skilled attorney led to a favorable outcome. This story emphasizes the crucial role of legal counsel in guiding individuals through the complexities of workers’ compensation claims and ensuring the presentation of compelling evidence to support their case.
Thibodaux was allegedly injured while working as a truck driver for Grand Isle Shipyard. He was driving a truck in Isabel, Louisiana picking up sand. His truck stalled in a pothole he had attempted to drive through, and the front axle of his truck broke. Thibodaux claimed the truck bounced around, and he hit his arm on an armrest. He was eventually able to stabilize the vehicle.
Within a few days, Thibodaux informed his supervisor he was injured. He claimed his supervisor did nothing in response. Approximately eight days later, Grand Isle Shipyard terminated Thibodaux. He claimed at the time of his termination, he had not filed a workers’ compensation claim, nor had anyone at Grand Isle Shipyard informed him of how to file such a claim. However, before his termination, Thibodaux had visited his doctor related to the accident because of ear and neck pain. His doctor prescribed him various pain medications. Nevertheless, Thibodaux continued to have pain and sought additional medical treatment.
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 prove a causal link between a work environment and a worsening condition? The following Louisiana Court of Appeals case helps answer these questions. 
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 the cause of your injuries may lead to the dismissal of your lawsuit at the summary judgment stage, even before stepping foot in a courtroom. This case highlights the significance of meeting the burden of proof on causation and the potential consequences of failing to do so.
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.
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.
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 vehicle accident while driving one of their cabs. Three days after the accident, she went to the emergency room for treatment of pain in her arm, shoulder, neck, and back.
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 an accident with David Danos, an employee of TLCD, acting within the course and scope of his employment. The Louisiana First Circuit Court of Appeal affirmed the Trial Court’s holding of both parties at fault, and the defendants filed an appeal challenging the allocation of 50% fault to Danos and TLCD. 
It may not be uncommon to recover less than you had hoped in a personal injury lawsuit. However, challenging the amount of money you are awarded to get more is a challenging feat. A recent case out of the East Baton Rouge Parish explains why courts tend to defer to the jury when awarding damages. 
Casinos can be a chaotic mix of adrenaline and alcohol. While a cultural staple of sportsmanship and skill, it is unsurprising that injuries often occur at casinos. The casino may be liable in some instances, but casino guests are also responsible for acting reasonably and taking precautions to ensure their safety, such as moderating alcohol consumption. When a guest under the influence is injured while on casino property, a required showing of causation may be absent due to the contributory factor of intoxication.