Insurance claims can be tricky, especially when multiple parties and contracts are involved. What happens, for example, when one insurance company claims they are not responsible for payment after a catastrophic event resulting in lost lives? The following Terrebonne Parish case follows this exact scenario. An explosion at the Transco…
Insurance Dispute Lawyer Blog
Louisiana Court Bars Recovery for NOPD Officer Who Tested Positive for Morphine on the Job
Random drug testing is common practice for certain jobs. What remedy does a police officer have when he takes a morphine pill for pain and is randomly selected for a drug test the following day when he comes into work? Officer Mario Cole was randomly chosen to undergo a standard…
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,…
When Coworkers Attack: Negligence Claims for Intentional Workplace Injuries
An employee injured at work while performing the functions of her job is generally entitled to worker’s compensation. But what about a worker injured on the job by the intentional act of a fellow employee? An action for recovery due to employer negligence could be a better option. Louisiana worker’s…
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…
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…
Can An Undocumented Worker Receive Workers’ Compensation Benefits?
Navigating receiving workers’ compensation benefits following an on-the-job injury can be difficult. It is even more difficult when you are an undocumented worker. Unfortunately, that is the situation Candido Perdomo, an undocumented worker, found himself in after he was injured when he was pinned underneath a garbage truck when a…
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…