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.
Navigating an ERISA disability insurance claim through the courts can be a difficult task. The best ERISA disability isurance claim lawyers can help be your guide to ensure your rights are protected. The following case that arises out of the Federal Court system in New Orleans demonstrates the issues that can arise when you fail to timely provide the required documents to prove your case and your insurer denies your disability claim.
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 representing a client, an attorney and law firm must do their due diligence and advocate for their client in the best way possible. An excellent attorney will put in countless hours for their client and will not stop working until the job is completed. Not all attorneys do this however, and when an attorney underperforms, the client has every right to seek a different lawyer for their services.
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.
Securing a loan with collateral might seem like a simple and everyday task, but even the smallest of mistakes in the process can carry severe consequences. Brent Kovach (Mr. Kovach), a shareholder in a few New Orleans French Quarter hotels, experienced the repercussions of a simple oversight when one paragraph in his collateral assignment nearly offset his entire life insurance policy. The following case delves into just how critical hiring an excellent attorney might be when interpreting seemingly straightforward contracts and when those contract disputes turn to a lawsuit.
In Louisiana, a failure to pay your property taxes can result in your property being subject to a tax sale. This can cause a tremendous headache. Though the Louisiana Constitution and Revised Statutes provide that the government’s right to proceed to a tax sale expires three years after the last day of the year in which the taxes were due, one New Orleans property owner was sent a tax bill including unpaid taxes which seemingly should have been expired.
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.
In litigating claims, parties (particularly the attorneys) must exercise diligence. This means being timely when it comes to gathering evidence, complying with a court order, or filing a pleading, motion, appeal etc. In its 
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.