To win a case, a plaintiff must prove the elements of his or her legal claim, or cause of action. Each cause of action is comprised of certain required elements. For example, in a breach of contract claim, a plaintiff must prove the following elements: duty, breach, causation, and damages. In Louisiana, a resident can
In 1996, a group of plaintiffs filed a petition for damages against the city of Baton Rouge/Parish of East Baton Rouge alleging that the operation and maintenance of the North Wastewater Treatment Facility caused personal inconvenience, mental suffering, embarrassment, and personal injuries, threatening their health and safety, as well as damaged their land and property.
Previously on this blog, we examined the concept of a “substitute vehicle” for purposes of extending insurance coverage for an auto that is used only temporarily and in place of a policyholder’s usual car. In this situation, the insurer is required by state law to extend the same coverage to the substitute car as was
Under Louisiana law, an issuer of a property insurance policy is required to follow certain procedures when renewing the policy. Essentially, an insurance company must give a property owner 30 days’ notice of either 1) its decision not to renew a policy, or 2) the homeowner’s option to renew when it expires. La. R.S. 22:887(G).
In Louisiana, a general tort claim has a prescriptive period of one year. This means that the plaintiff must file a claim within one year of the injury bringing about the claim. The prescriptive period has been implemented by the Louisiana legislature in LSA-C.C. art 3492 and a brief summary gives us the following guidelines:
On June 23rd in Hammond, Louisiana, there was a fatal vehicle crash in the southbound lanes of Interstate 55. A Mercedes SUV, driven by Gwendolyn Jackson, was heading the wrong way and collided with a Hyundai driven by 18 year-old Caleb Perricone. The vehicles collided head on and both Jackson and Perricone were transported to
Medical Malpractice Claims Against Public Sector Health Providers Must Be Submitted to a Medical Review Panel The State of Louisiana Division of Administration, headquartered in Baton Rouge, requires that that medical malpractice claims against public sector health care providers must be processed through its administrative procedure, starting with the submission of the claim to the
In the Parish of Acadia, the Third Circuit Court of Appeal decided a case that clarifies how punitive damage awards are to be applied to vicarious liability cases. In Bonnie Romero v. Clarendon America, Bonnie Romero (plaintiff) was hit by an 18 wheeler truck. The truck was driven by an employee of Stanford Trucking (Stanford).
The appellate process in the American judicial system is an important aspect of rights afforded to parties in a litigation. The determinations made at the trial court level are usually left unchanged. The factual analysis of the trial court is left unchanged except under extreme circumstances. It would take a fundamental error on the part
In a recent unpublished opinion, a panel of the Louisiana 1st Circuit Court of Appeal affirmed a trial court’s award of additur in a personal injury lawsuit stemming from a low-speed rear-end automobile accident occurring in Terrebonne Parish in October 2005. The plaintiff sued for damages for personal injuries, medical expenses, and loss of wages,
Jeffrey Berniard is a specialized injury attorney with over 21 years of experience fighting for Louisiana families.
To win a case, a plaintiff must prove the elements of his or her legal claim, or cause of action. Each cause of action is comprised of certain required elements. For example, in a breach of contract claim, a plaintiff must prove the following elements: duty, breach, causation, and damages. In Louisiana, a resident can
In 1996, a group of plaintiffs filed a petition for damages against the city of Baton Rouge/Parish of East Baton Rouge alleging that the operation and maintenance of the North Wastewater Treatment Facility caused personal inconvenience, mental suffering, embarrassment, and personal injuries, threatening their health and safety, as well as damaged their land and property.
Previously on this blog, we examined the concept of a “substitute vehicle” for purposes of extending insurance coverage for an auto that is used only temporarily and in place of a policyholder’s usual car. In this situation, the insurer is required by state law to extend the same coverage to the substitute car as was
Under Louisiana law, an issuer of a property insurance policy is required to follow certain procedures when renewing the policy. Essentially, an insurance company must give a property owner 30 days’ notice of either 1) its decision not to renew a policy, or 2) the homeowner’s option to renew when it expires. La. R.S. 22:887(G).
In Louisiana, a general tort claim has a prescriptive period of one year. This means that the plaintiff must file a claim within one year of the injury bringing about the claim. The prescriptive period has been implemented by the Louisiana legislature in LSA-C.C. art 3492 and a brief summary gives us the following guidelines:
On June 23rd in Hammond, Louisiana, there was a fatal vehicle crash in the southbound lanes of Interstate 55. A Mercedes SUV, driven by Gwendolyn Jackson, was heading the wrong way and collided with a Hyundai driven by 18 year-old Caleb Perricone. The vehicles collided head on and both Jackson and Perricone were transported to
Medical Malpractice Claims Against Public Sector Health Providers Must Be Submitted to a Medical Review Panel The State of Louisiana Division of Administration, headquartered in Baton Rouge, requires that that medical malpractice claims against public sector health care providers must be processed through its administrative procedure, starting with the submission of the claim to the
In the Parish of Acadia, the Third Circuit Court of Appeal decided a case that clarifies how punitive damage awards are to be applied to vicarious liability cases. In Bonnie Romero v. Clarendon America, Bonnie Romero (plaintiff) was hit by an 18 wheeler truck. The truck was driven by an employee of Stanford Trucking (Stanford).
The appellate process in the American judicial system is an important aspect of rights afforded to parties in a litigation. The determinations made at the trial court level are usually left unchanged. The factual analysis of the trial court is left unchanged except under extreme circumstances. It would take a fundamental error on the part
In a recent unpublished opinion, a panel of the Louisiana 1st Circuit Court of Appeal affirmed a trial court’s award of additur in a personal injury lawsuit stemming from a low-speed rear-end automobile accident occurring in Terrebonne Parish in October 2005. The plaintiff sued for damages for personal injuries, medical expenses, and loss of wages,