Medical professionals are expected to uphold a standard of care in their practice. Unfortunately, life can present us with unfortunate circumstances where this standard is not met. When we experience injuries or worse due to the actions of those responsible for our treatment, healing, or diagnosis, medical malpractice claims can…
Articles Posted in Legal Definitions
Could the Foreseeable Have Been Unforeseen? Deciphering Liability in Accidents
Some accidents are unpredictable, while others appear to be accidents waiting to happen. Having reliable witnesses, qualified experts, and an excellent attorney in either unpredictable or predictable cases could be the dividing line in determining your liability when an accident arises. For Larry Jeane, Sr. (“Mr. Jeane”), the deceased party…
How Are Liability and Damages Allocated In A Complex Car Accident?
Allocating fault in a car accident is especially difficult when involving multiple individuals. This case illustrates how the allocation of fault affects how damages are awarded and illustrates what type of expenses are compensable. While driving on Highway 28 East in Louisiana, Erin Wright rear-ended Christina Dauzat. Before they reached…
Res Judicata Does Not Apply To Dismissal Without Prejudice
In law, there is a saying that you do not get two bites from the same apple. This means if a court issues a final judgment on the merits of your claim, you cannot file another lawsuit against the same parties involving the same claim. Does a dismissal without prejudice…
What happens if you are involved in a car accident where your damages exceed the auto insurance policy limits of the person responsible?
What happens if you are involved in a car accident where your damages exceed the auto insurance policy limits of the person responsible? One possible option is seeking coverage under your uninsured motorist insurance policy. However, questions can arise about what, if any, coverage you are entitled to if it…
Final Judgment Required For Appellate Court To Consider Merits Of Case
Words matter, especially when it comes to trial court orders. Without the proper language, a judgment is not an appealable, valid final judgment, so an appellate court cannot consider the merits of an appeal. McKinley Taylor filed a lawsuit against Cajun Constructors, his former employer. He claimed Cajun Constructors owed…
Who Has a Right to Keep a Deposit in Failed Home Sale if the Financing Contingency Fails?
Buying a house can often lead to significant stress, particularly due to the substantial financial commitments involved. A prevalent feature in real estate contracts is known as a “contingency.” One notable example is the financing contingency, which stipulates that the sale of a property is dependent on the buyer successfully…
Sufficient Evidence Essential To Establish Damages From Car Accident Lawsuits
In the aftermath of a car accident, the quest for justice often extends beyond determining fault, delving into the intricate realm of calculating damages. Even when the liability is undisputed, securing compensation can be laden with legal complexities. The following case unveils the story of Shelley Cooley, a collision victim…
Attack Of The Campaign Ads: What Constitutes Defamation In Political Ads?
Personal attacks often take center stage in the tumultuous arena of modern political campaigns, leaving no stone unturned and no reputation untouched. Yet, amidst this well-trodden path of character assaults, a unique legal battle emerges, where the crosshairs were not directed at a political rival but rather a candidate’s ex-spouse.…
The Consequences of Ignoring Court Notices in Louisiana
If you receive notice of a court hearing, you must pay attention to it. The following case shows the potential adverse consequences if you ignore a court hearing notice. These can include a warrant being issued for your arrest or having your lawsuit dismissed. However, the case also unveils a…