A settlement agreement can be an efficient way of resolving a claim and receiving compensation without a lengthy trial process. However, it is essential to understand what a settlement agreement does and does not cover to avoid surprises down the road if you later try to bring related lawsuits against…
Insurance Dispute Lawyer Blog
Hospital Not Liable For Negligent Transportation During Hurricane Katrina
Over a decade after Hurricane Katrina, we have almost all heard of the difficult choices hospitals faced while trying to care for patients. This case involves a patient who was allegedly injured while being evacuated from a New Orleans hospital during Hurricane Katrina. Lionel Favret was admitted to the hospital…
Injured Work Release Inmate’s Sole Remedy Is Workers’ Compensation
Even while an inmate, you are still entitled to damages if you are injured on the job. If you are injured while working in a release program, are you entitled to compensation through the workers’ compensation scheme? Lindsey French was serving a sentence for drug and firearm charges at the…
Presumption of Negligence in Rear-End Accidents Does Not Always Lead To Summary Judgment Victory
Under Louisiana law, there is a presumption the driver of a car that rear-ends another car acted negligently. However, this presumption of negligence can be overcome in certain situations, such as if the driver of the vehicle that was rear-end shifted lanes soon before the accident. While Tammy Bloxham was…
Can an Independent Contractor collect Workers’ Compensation Benefits?
The distinction between independent contractors and employees has always been something of a balancing test. This distinction becomes vital in workers’ compensation issues, where employees generally enjoy peace of mind with workers’ compensation in the event of an injury, whereas independent contractors usually do not. But are there some cases…
Smoking Or Radioactive Material? Summary Judgment Reversed Given Factual Disputes On Causation
Everyone knows someone who has been affected by cancer. Despite being a widespread disease, there is a lot we still do not know about cancer. One area where a lot is still unknown is causation. For example, lung cancer can be caused by a variety of things, including smoking and…
Is It Possible To Modify a Workers’ Compensation Judge’s Judgment?
If you have been injured on the job, you might be entitled to workers’ compensation. In order to receive compensation, there are a number of procedural requirements with which you must comply. Elaine Rodrigue worked as a paralegal for the school board in Lafourche Parish, Louisiana. While working, she tripped…
Is Delaying An Examination Under Oath A Lack of Cooperation In A Homeowner’s Insurance Claim?
In order to recover under a homeowner’s policy, there are many requirements with which you must comply. One common requirement is providing the insurer with requested documentation and undergoing an examination under oath where the insurer can ask questions and gather information relevant to the claim. What happens if a…
No Hostile Work Environment Where Employer Took Remedial Actions
No one should have to deal with sexual harassment in the workplace. If you are dealing with sexual harassment at work and you report it to your employer, you hope they will act on your report. How do actions taken by your employer affect your ability to recover for sexual…
Property Owners Barred From Interfering With Servitude
One of the joys of owning property is dealing with potential property disputes. Such disputes can get especially complicated when they involve old surveys and records and promises from prior owners. This case illustrates the importance of doing due diligence before purchasing property so you understand which of your neighbors…