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Articles Posted in Legal Definitions

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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…

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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,…

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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…

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Is It Constitutional To Suspend Someone’s License For Repeat Arrests for DWI?

Everyone knows it is a bad idea to drive under the influence of alcohol. However, even if you are in the unfortunate situation of being arrested for drinking and driving, you still have constitutional rights. Nonetheless, it is important to be aware of the possible penalties you could face, including…

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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…

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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…

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Experts Testify in Neurosurgery Medical Malpractice Claim

Medical malpractice claims are brought when a patient is a victim of negligence at the hands of their physician. Due to the nature of this category of claims, stories of medical malpractice are often horror stories showcasing worst-case scenarios. Even further, the most intense medical malpractice claims result in the…

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New Orleans Police Officer Appeals Civil Service Commission Dismissal

Police 0fficers are public servants responsible to the taxpayers and their profession. When an officer violates the rules of the New Orleans Police Department (NOPD), they are disciplined through penalties. Both state laws and the department policy bind the officer. Officers are given hearings and allowed to plead their case…

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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,…

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Louisiana First Circuit Says Settlement Not Enforceable Based on Email Communications

Parties in conflict often prefer out-of-court dispute resolution. Although these agreements made outside the courtroom are appealing, they come with their slew of issues and may require a courtroom to enforce an out-of-court solution. When a deal outside the courtroom requires a court to intervene, how does that court decide…

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