Louisiana Personal Injury Lawyer Blog
In personal injury cases, plaintiffs are often left vulnerable due to the accidents leading to their injuries. Hence, they require excellent attorneys who don’t exploit these vulnerabilities but instead zealously advocate on their behalf. For Claude Allen Newsome (“Newsome”), a November 2010 car accident in Bossier Parish, Louisiana, left him without sight, which was a direct result of macular degeneration caused by the accident. After that, Newsome was deemed legally blind and rendered a person with quadriplegia. Newsome appointed Robert Lansdale (“Lansdale”) as his power of attorney. What unfolded while seeking damages on behalf of Newsome demonstrates the necessity to lodge objections on the record and timely appeal matters.
After Newsome named Lansdale as his agent, Lansdale hired an attorney, Norman Gordon (“Gordon”), to represent Newsome in his personal injury lawsuit. The lawsuit eventually settled for approximately $7.4 million, and Gordon recommended to Newsome and Lansdale that setting up a special-needs trust would benefit Newsome. Lansdale told Gordon that Newsome would not consider establishing a trust.
Concerned, Gordon withdrew his representation of Newsome, expressing that a conflict of interest had developed and relaying to the court that he believed Lansdale would not use the settlement proceeds for Newsome’s benefit. The court held a status conference where Gordon appeared allegedly without Newsome’s knowledge and asked the court to protect Newsome from the possibility of undue influence by Lansdale. Resulting of this conference, the court ordered that a special needs trust be created to receive the funds from Newsome’s settlement. Later, at a second status conference, the court-appointed Regions Bank as the corporate trustee of Newsome’s newly established special needs trust and appointed Newsome’s aunt, Stella Jean Godley as the trustee over Newsome’s person. The court also ordered that $3,879,835.67 of the $7.4 million settlement proceeds, minus the payment of fees, expenses, and liens, be transferred into the trust. At no point during these conferences and court orders did Newsome object or appeal.
For purposes of seeking an appeal, there is great importance in preserving the record, which may be done through admitting evidence at trial to support relevant claims. When the record has not been established at trial, it is difficult for the best attorneys to succeed on appeal. William Taylor (Mr. Taylor), the plaintiff in his case brought against Hanson North America (Hanson), ran into this evidentiary legal hurdle when he appealed the Office of Workers’ Compensation (OWC) decision denying his motion to Louisiana’s First Circuit Court of Appeal.
What happens when a cow crosses a road? Although that might sound like the start of a joke, that is the situation Zaine Kasem found herself in after being run over by a cow that escaped from a herd owned by Joyce B. Williams and H.R. Williams Cattle Company (“HRW”). 
When you are preparing for a lawsuit, it is crucial to understand what evidence you will be allowed to present in support of your claim. On the flip side, if there is evidence you do not think the other party should be able to present, you can file a motion to try to exclude that evidence. Rulings on evidence can have a major effect on a case because they limit what a jury gets to see or hear. 
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.
The case of Danell Brice, a home health nurse who was attacked while visiting Timothy Bragg’s apartment, highlights the complex legal issues surrounding the duty of care owed by healthcare professionals in situations involving potential harm to third parties. Brice filed a lawsuit against Dr. Lynn Simon, Braggs’ treating psychiatrist, and Dr. Vasanthi Vinayagam, who provided medical treatment to Braggs. The central dispute revolves around whether the doctors had a duty to warn Brice about Braggs’ changed medication and potential for violence. This article examines the court’s ruling on the motion for summary judgment and the application of relevant statutes in determining the doctors’ liability.
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.
Domestic violence affects countless individuals, and while physical harm may be the most obvious form of abuse, technology has expanded the range of abuses victims endure. Filing for a protective order is one action victims can take to address domestic violence. This case delves into whether cyberstalking qualifies as domestic abuse to obtain a protective order, highlighting how the law adapts to address technological advancements and protect victims.
Within the intricate realm of maritime law, determining liability can be challenging, especially when it comes to assessing the responsibility of ship owners for open and obvious risks. Such complexities become particularly evident when adverse weather conditions come into play. In this context, we delve into the case of Robert dePerrodil, an oil field consultant, and his encounter with the M/V Thunderstar.