Automobile insurance claims are complex enough, as it is unlikely that all parties involved will immediately agree on a settlement amount. These claims become even more convoluted when there are questions as to what state law should apply or when the insured isn’t fully aware of what his policy entails.…
Articles Posted in Accidents
Three-Year Rule Applies to Worker’s Compensation Claims for Necessary Treatment
Timing is an important part of claiming worker’s compensation in Louisiana. Louisiana R.S. 23:1209(C) requires that: The employee files an initial claim or makes other suitable arrangements within one year of the injury; and The employee makes any subsequent claims no more than three years after the last payment of…
When Can I File a Tort Lawsuit against my Employer if I am Hurt at Work in Louisiana?
Workers’ compensation is a financial support system that may be available to injured employees. It aims to ensure employees are compensated for their injuries and do not bear the entire expenses of medical bills. Workers’ compensation laws differ from state to state. Still, the general idea is that employees can…
When a Defendant is Dismissed Before the Trial, Can Another Defendant Appeal the Decision?
When finding yourself as a defendant in a lawsuit, you will want to limit your liability as much as possible. Your liability could be altered when a co-defendant is found to be at fault for the injuries to a certain extent. However, when one defendant is dismissed before the trial…
Can the Louisiana Department of Transportation Be Found Liable for a Car Accident?
Driving poses undeniable risks. However, travelers may need to consider how unsafe a barrier curb may be in certain situations. When is the state liable for these conditions? A case from the St. John Baptist parish considered how the state department of development and transportation was at fault for construction…
Angola Prisoner Denied Requested Shoulder Surgery After Review of Medical Records
Rick Sheppard, an inmate in the custody of the Louisiana Department of Public Safety and Corrections, injured his left shoulder two separate times while participating in the Angola Prison Rodeo. After seeing two specialists, Sheppard maintained that the medication and physical therapy regimen he had been following was ineffective. When Sheppard…
Louisiana Engineering Company Not Liable for Trampled Worker in Geismar Plant Explosion
A chemical plant explosion, sudden and dangerous, causes chaos when the workers try to escape. During that exodus, a worker is trampled by his colleagues as they attempt to flee. Who then bears responsibility for the injuries caused by this trampling? Is it the other workers? Is it their managing…
Where There’s Smoke, There’s a Lawsuit: Determining Liability for a Car Accident Resulting from a Marsh Fire
The phrase, “where there’s smoke, there’s fire,” is often used to describe situations where one thing almost certainly indicates the presence of another. However, establishing a contributing factor to a car accident and liability for negligence does not always follow so direct a relationship. Shortly before Tropical Storm Lee reached…
No Pay, No Play, No Problem? Uninsured Motorist Injured in Car Accident Obtains Jury Award
Car accidents are traumatic experiences that occur every day across Louisiana. An accident can cause initial damage upon impact, but many accident victims also spend months and sometimes years coping with accident-related injuries. On June 27, 2014, Jasmine Raymond, a twenty-four-year-old driver who did not have auto insurance as required…
Baton Rouge Car Dealer Escapes Vicarious Liability Claim in Accident Involving Motorcyclist
It’s a common scenario: a potential buyer visits a car lot, finds a vehicle he’d like to test drive, and heads out onto the road with the salesperson in the passenger seat. What happens, though, if an accident occurs during the test drive? Suppose the potential buyer loses control of…