To bring a negligence lawsuit, the plaintiff must provide evidence to show, among other things, that the defendant’s actions caused the injury in question. Causation has two components, cause-in-fact and proximate cause. Cause-in-fact is the actual event that caused the harm. Proximate cause refers to the legal cause. The proximate cause element requires that the
After you have been in a terrible accident or lost a loved one, especially when the accident or death was caused by the negligence of someone else, you probably want justice. The outrage, the pain, and the sense of loss are too much to bear, and you want someone to pay for what was done.
In the Louisiana legal system, even the most rock-solid case can be dismantled before it ever reaches a jury if ‘Service of Process’ isn’t handled perfectly. Filing your petition is only the first step; under Louisiana Code of Civil Procedure Article 1201, you have a strict 90-day window to ensure the defendant is legally notified.
Filing a Motion for Summary Judgment in Louisiana Can a trial court properly grant a motion for summary judgment when material issues of fact still remain? According to Louisiana law, a motion for summary judgment is not properly granted if material issues of fact still remain. Summary judgment is only properly granted if pleadings, depositions,
In order to aid the court, a judge might occasionally appoint an expert to help with specific aspects of the case. Court-appointed experts are different from a specific party’s experts because the court-appointed experts do not favor one side or the other, but rather, help the judge with certain tasks or analyses. A trial court-appointed
If you feel like your attorney has engaged in malpractice, what can you do? First, you should have a basic idea of what actually constitutes legal malpractice. In Louisiana, the plaintiff has to prove (with evidence that is strong enough to convince a reasonable trier of fact) three things. 1) That an attorney-client relationship exists.
Every detail matters at trial and can make the difference between winning and losing. In a recent Louisiana case, BCM L.L.C (“BCM”) and Nawlins Kajun Foods, L.L.C. (“Nawlins”) sued Copeland’s of New Orleans under the theory of detrimental reliance. At the end of the trial, the jury sent a request to the judge to clarify
Understanding the distinction between a final judgment and an interlocutory judgment is crucial to making sure your case does not get dismissed as untimely. A final judgment determines the merits of the case in whole or in part while all other judgments are interlocutory. Interlocutory judgments are intermediate rulings decided by the trial court. These
Recently, the Louisiana Third Circuit Court of Appeal considered the assertion that the Medical Malpractice Act’s limitation of recovery or the “cap” contained within La.R.S. 40:1299.42(B) is unconstitutional. At trial, the court determined that the Louisiana statute La.R.S. 40:1299.47(B) was unconstitutional “as violative of the equal protection and adequate remedy guarantees of the Louisiana constitution.”
In personal injury cases, there are a number of elements that must be met in order to be successful in a lawsuit. First, a plaintiff must show that they were owed a duty of care by the other party. Second, they must show that there was a breach of that duty of care. Third, there
Jeffrey Berniard is a specialized injury attorney with over 21 years of experience fighting for Louisiana families.
To bring a negligence lawsuit, the plaintiff must provide evidence to show, among other things, that the defendant’s actions caused the injury in question. Causation has two components, cause-in-fact and proximate cause. Cause-in-fact is the actual event that caused the harm. Proximate cause refers to the legal cause. The proximate cause element requires that the
After you have been in a terrible accident or lost a loved one, especially when the accident or death was caused by the negligence of someone else, you probably want justice. The outrage, the pain, and the sense of loss are too much to bear, and you want someone to pay for what was done.
In the Louisiana legal system, even the most rock-solid case can be dismantled before it ever reaches a jury if ‘Service of Process’ isn’t handled perfectly. Filing your petition is only the first step; under Louisiana Code of Civil Procedure Article 1201, you have a strict 90-day window to ensure the defendant is legally notified.
Filing a Motion for Summary Judgment in Louisiana Can a trial court properly grant a motion for summary judgment when material issues of fact still remain? According to Louisiana law, a motion for summary judgment is not properly granted if material issues of fact still remain. Summary judgment is only properly granted if pleadings, depositions,
In order to aid the court, a judge might occasionally appoint an expert to help with specific aspects of the case. Court-appointed experts are different from a specific party’s experts because the court-appointed experts do not favor one side or the other, but rather, help the judge with certain tasks or analyses. A trial court-appointed
If you feel like your attorney has engaged in malpractice, what can you do? First, you should have a basic idea of what actually constitutes legal malpractice. In Louisiana, the plaintiff has to prove (with evidence that is strong enough to convince a reasonable trier of fact) three things. 1) That an attorney-client relationship exists.
Every detail matters at trial and can make the difference between winning and losing. In a recent Louisiana case, BCM L.L.C (“BCM”) and Nawlins Kajun Foods, L.L.C. (“Nawlins”) sued Copeland’s of New Orleans under the theory of detrimental reliance. At the end of the trial, the jury sent a request to the judge to clarify
Understanding the distinction between a final judgment and an interlocutory judgment is crucial to making sure your case does not get dismissed as untimely. A final judgment determines the merits of the case in whole or in part while all other judgments are interlocutory. Interlocutory judgments are intermediate rulings decided by the trial court. These
Recently, the Louisiana Third Circuit Court of Appeal considered the assertion that the Medical Malpractice Act’s limitation of recovery or the “cap” contained within La.R.S. 40:1299.42(B) is unconstitutional. At trial, the court determined that the Louisiana statute La.R.S. 40:1299.47(B) was unconstitutional “as violative of the equal protection and adequate remedy guarantees of the Louisiana constitution.”
In personal injury cases, there are a number of elements that must be met in order to be successful in a lawsuit. First, a plaintiff must show that they were owed a duty of care by the other party. Second, they must show that there was a breach of that duty of care. Third, there