Louisiana Personal Injury Lawyer Blog
Do you remember how it felt to get your driver’s license? Perhaps there was a sense of freedom, invincibility, or just sheer excitement. Imagine, or think back to your own memories of, that feeling’s abrupt end — your first car accident. Such was the experience of one teenager in Monroe, Louisiana.
On May 10, 2012, a little over three months after getting her driver’s license, Courtney Smart and her passenger, Michele, were on their way to school and heading east on Garden Lane toward its intersection with Highway 165. Rita Calhoun, age 69, was headed west toward the same intersection from the opposite side of the highway. In the process of turning right onto Highway 165 South, Courtney’s vehicle collided with Rita’s vehicle, which had made a left turn at the intersection. The collision occurred near the intersection in the left lane of the highway, damaging the rear left panel of Courtney’s Hyundai Elantra and the front right corner of Rita’s Toyota Avalon.
Courtney’s and Michele’s parents (“Plaintiffs”) filed a lawsuit against Rita, claiming that Courtney lawfully made a right turn onto the highway when Rita turned left without yielding the right of way at the intersection and subsequently hit Courtney’s car. Rita denied these allegations in her answer and alleged instead that Courtney was at fault by turning into Rita’s path. Both parties then filed motions for summary judgment, but the trial court denied each motion after finding genuine issues for trial pursuant to La. C.C.P. art. 967(B). In other words, the Plaintiff’s and Rita each filed a motion asking the judge to rule in their favor because their version of the facts is the only plausible version. The court denied the motions, however, because both Courtney’s and Michele’s versions of the accident were plausible. The matter then proceeded to a bench trial, which is a trial before a judge instead of a jury.
Justice is often not a sprint through the courts, but a long carefully navigated journey. This is because the law is not always black and white and standards of proof may make it difficult for a Plaintiff to prove his or her case. In a lawsuit arising out of Parish of Rapides, for example, Cecilia Rachal had to navigate four separate issues through the courts to find compensation for a simple fall at work.
When going to the nail salon, the last thing anyone thinks about is falling and getting seriously injured. Slip and fall accidents happen all the time, and it is important to gather as much evidence as possible and retain a good personal injury attorney in order to build the best possible case for yourself. The courts do not look favorably on those who make a claim and have very little evidence to back it up, as Pamela Burnett (“Ms. Burnett”) discovered when trying to win damages from the Lucky Nails salon.
In any personal injury lawsuit, it is absolutely critical that the plaintiff documents his or her injuries and gather evidence in support of legal claims. In addition to establishing that the defendant breached a duty of care, personal injury plaintiffs must also prove – through medical testimony and documentation – that it was more probable than not that the accident at issue caused their injuries.
Families depend on nursing home staff to adequately care for loved ones. When loved ones suffer due to the negligence of nursing home staff, a medical malpractice suit can arise. 
When a driver is rear-ended, there is generally a presumption the rear driver is negligent. This is based on the principle that the following driver must maintain a prudent distance from the vehicle in front of them and concentrate on their speed as well as the traffic and general condition of the roadway. 
Have you ever been involved in a slip and fall accident inside a store resulting from water being on the floor? Were you injured as a result? If so, who would you think was at fault? How would you receive just compensation? In a recent case, the Louisiana Second Circuit Court of Appeal discusses the necessary factors a plaintiff must prove in order to show that a merchant – such as a grocery store, clothing store, or even the owner of a food truck – was responsible for the injuries sustained resulting from a slip and fall accident.
Imagine that your mother, a friend, or someone else you love dearly suffers from numerous health problems. In a terrible twist of fate, your loved one falls, worsening their current condition and making life more painful and difficult than it already is. To top it all off, what would already be considered a trying process is exacerbated because you feel like the doctors who are caring for your loved one aren’t listening to your input or concerns. After many visits to the emergency room and overnight hospital stays, your loved one passes away. Despite the health conditions before the fall, you feel like something wrong occurred during your loved one’s treatment and someone should be held responsible. This was exactly the scenario for the loved ones of Ms. Mary LeBoeuf. Five individuals, including her son and long-time partner, filed a lawsuit against her doctor, the hospital, and the orthopedic clinic on her behalf.
We’ve all been in the situation where we’re sitting at a red light or approaching an intersection and all of a sudden we hear sirens and see flashing lights. Everyone knows to stop and yield to the oncoming ambulance. Sometimes, however, a driver might not yield for whatever reason. This is exactly what happened in this case, which involves an EMT who was injured on the job while riding in an ambulance.