Losing a loved one is hard enough. What happens, however, when multiple people claim they have a right to the same property the decedent owns at the time of their death? Cases involving multiple parties and claimants can get tricky, especially when one claimant was the decedent’s spouse and the…
Insurance Dispute Lawyer Blog
Louisiana Court Finds Interdiction Inappropriate for Acadia Parish Mother, Despite Son’s Objections
If an individual is unable to care for themself or manage their financial or business affairs, legal intervention in the form of interdiction may be appropriate. If a court finds interdiction to be warranted, it may assign another person to make decisions for the disabled. The following case demonstrates when…
St. John the Baptist Parish Car Accident Lawsuit Fails for Lack of Evidence
Winning a lawsuit against an employer can be challenging. Employees are often transient, while the employer is an anchor in their community. Employer responsibility for an employee’s negligent action requires significant factual evidence. In a recent case out of St. John the Baptist Parish, a missing former employee and a…
Louisiana Court excludes coverage for a woman severely injured by an elderly caregiver’s negligent loading of her wheelchair.
Most adults fear the day that they will need to rely on the care of another to function. Unfortunately, the rampant negligence and mistreatment only exasperate this fear throughout the nursing home and hospice industry. Small mistakes by caregivers are normal and almost expected, yet, Shirley Marzell faced severe injuries…
What kind of Evidence is Needed to Prove Future Medical Benefits in a Medical Malpractice Lawsuit?
After a medical malpractice-induced injury, patients may need significant awards of damages to cover the expenses of a resulting disability. A case in Shreveport shows how to present substantial evidence of an ongoing need for care. It also helps answer the question; What kind of Evidence is Needed to Prove…
When Can a Client Sue Their Former Lawyer?
Negligent lawyers can get themselves into hot water by retaining confidential client documents. Often, this violation of professional responsibility will result in a malpractice suit. The more egregious behavior, the more intensely the lawyer may find themselves being litigated against. For example, in the following appeal, a lawyer is sued…
Can a Litigant Exclude Evidence in a Car Accident Lawsuit?
Imagine being on a jury – everything you hear has gone through a process of admittance to be used as evidence during the trial. What the jury is told often plays a role in what the jury thinks of the parties and how it assigns blame amongst them. The following…
How Does a Pre-Existing Injury affect your Workers’ Compensation Claim?
When people are injured at work, they expect to be compensated for an extended period. However, worker’s compensation can be hard to recover. So how does a pre-existing injury affect your workers’ compensation claim? The following lawsuit from Metairie, Louisiana, helps answer this question. Sharon Mangiaracina suffered a work-related injury…
A “Stay” of a Federal Suit May Have Far-Reaching Impacts for Prescription Purposes
Personal injury cases can often drag out for years in a confusing manner. This is especially true when there are disagreements about the proper venue and subject matter jurisdiction. A recent appeal discussed below tackles the challenges of dismissal of actions due to a lack of jurisdiction and the timing…
When do you Need your Doctor’s Testimony to Win your Workplace Injury Lawsuit?
When injured on the job, your doctor knows best until you get a second opinion. While your primary care doctor may advise you to recover instead of resume working right away, if you get a second opinion that finds you capable of working, that second opinion can trump your primary…