Insurance Dispute Lawyer Blog
Divorce, though unpleasant in the short term, allows families to rearrange their relationship to better serve the interests of all parties. One primary consideration in any divorce is the children. The children’s health, safety, and well-being becomes a key concern for both the families and the courts when a family enters into a divorce. When parents get divorced, the court determines who assumes the tutorship of the child. The parent who is awarded this tutorship assumes all of the rights and responsibilities of raising the child, including the right to file a lawsuit in the child’s name.
A person entrusted with the tutorship of a child can bring lawsuits in that child’s name that best serve the child’s interests. For an example, look to the case of Felisha Myers, mother of Brittany, who brought a lawsuit in Brittany’s name against the father of Brittany, Ricky Klump. Myers and Brittany alleged that Klump had injured Brittany on a road trip by repeatedly punching Brittany. The Fifteenth Judicial District Court entered a default judgment against Klump, awarding Brittany financial compensation for her pain and suffering and past and future medical bills.
Klump appealed the default judgment to the Third Circuit Court of Appeals, alleging that Myer did not have the right to file the suit in Brittany’s name. Klump argued the record of the trial court did not have the necessary documentation to prove that Myer has the tutorship of Brittany, therefore, Myer could not file the lawsuit in Brittany’s name.
All relevant evidence in a case should be produced at trial. However, the evidence included in a complete record can be subjective. Thus, the parties to a lawsuit should rely on the court’s definition of what a complete medical record consists of. 
In some cases, mistakes in following procedure can harm a plaintiff’s cause of action even if the case otherwise may be successful on the merits. For example, legal malpractice cases in Louisiana must be filed within one year from when the plaintiff knew or should have known that malpractice had occurred. A recent case out of the Parish of East Baton Rouge has outlined when a plaintiff is considered to have some notice of legal malpractice. 
Although you may be excited if you are awarded damages at trial, your award might still face a challenge on appeal. Therefore, when you are involved in a trial for an accident in which you were harmed, it is important to understand what evidence you need to present so that any money you are awarded can survive a challenge on appeal. 
When you receive a final judgment from the trial court, you focus on the case’s outcome. However, if you want to appeal that judgment, it is essential to understand what language is needed in the final judgment to appeal it. If this language is not included, you might be in a situation similar to Marvin Beaulieu, whose appeal was dismissed.
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. 
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?
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 will determine how much fault each party bears for an accident and adjust damages based on that outcome.
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. 
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 having your driver’s license suspended. These consequences can become even more severe if you are a repeat offender.