All relevant evidence in a case should be produced at trial. However, the evidence included in a complete record can be subjective. Thus, the parties to a lawsuit should rely on the court’s definition of what a complete medical record consists of. Christina Dauzat (Dauzat) was involved in a car…
Articles Posted in Accidents
Louisiana Court Affirms General Damages Awarded to Ascension Parish Woman Injured In Auto Accident
Although you may be excited if you are awarded damages at trial, your award might still face a challenge on appeal. Therefore, when you are involved in a trial for an accident in which you were harmed, it is important to understand what evidence you need to present so that…
HOW DOES A COURT DECIDE HOW MUCH FAULT A DRIVER HAS WHEN BOTH SIDES CAUSED AN ACCIDENT
Simple driving accidents happen every day due to lapses in inattention. The results of these lapses can have devastating consequences. Whose is at fault in an accident when both parties were less than perfect in assessments of dangers on the road? The subsequent lawsuit from Louisiana shows how a court…
Collateral Source Rule Does Not Preclude Lafayette Parish Accident Victim’s Recovery From Insurer
If you have ever been involved in an accident, you know it can be challenging to deal with multiple parties. From the other vehicle’s driver to numerous insurance companies, knowing who to contact can often seem impossible. This becomes even more difficult when navigating the workers’ compensation system. Marcus Slaughter,…
Failure to Raise a Right Results in Waiver of Right and Defense in Car Crash Case
Nobody likes insurance policies or divorce. Both can be extremely messy and full of legal jargon. Megan Daigle experienced this firsthand as her divorced parents’ insurance did not cover everything they hoped for. In the fall of 2013, Megan Daigle was driving in Morgan City, Louisiana, when she did not…
Sincerely or Not: Could You Be Liable for Bringing a Frivolous Appeal?
The legal system has neither time nor resources to waste, so courts refrain from entertaining frivolous lawsuits that lack serious or sincere claims. Moreover, in such cases where a court determines that a lawsuit is frivolous, the court will render a judgment against the party who brought the lawsuit and…
Allocating Damages in Wrongful Death Cases: Navigating the High Standard of JNOV Motion
Allocating damages in a wrongful death case is challenging because putting a price on a life is hard. Therefore, if a family in a wrongful death case feels the jury abused its discretion in calculating that monetary value, then the family can resort to a motion for JNOV to try…
What is Res Ipsa Loquitor?
Personal injury lawsuits can be complicated, especially when they involve injuries sustained while shopping. Mary Mason found herself in this situation at a Burlington store in Lafayette, Louisiana, when a chair collapsed as she sat on it, causing her to fall and sustain injuries. Despite suing Burlington and claiming negligence,…
Underlying Medical Conditions, Can You Claim Res Ipsa Loquitur in a Lawsuit?
You think that when you’re being taken care of by hospital personnel, you are in safe hands and do not have to fear for your safety. However, if you are injured when being moved from a hospital cart to your bed, can you claim negligence based on res ipsa loquitur?…
Can a Train be Held Liable for the Delay in Emergency Services?
When tragedy strikes, seconds matter. Any delay to the emergency response network can cost lives and livelihoods. When a train runs through an intersection, all activity has to yield to that train. What follows is the calamitous story of how a train may have prevented EMS from responding to a…