The legal system has neither time nor resources to waste, so courts refrain from entertaining frivolous lawsuits that lack serious or sincere claims. Moreover, in such cases where a court determines that a lawsuit is frivolous, the court will render a judgment against the party who brought the lawsuit and can also order that party
Winning a trial against a major logistics company is a massive victory, but for many victims, it is only the beginning. Trucking defense firms often appeal high jury awards, seeking a “Remittitur” (a court order reducing the award). However, Louisiana law provides a strong shield for victims: the “Much Discretion” of the trier of fact.
Allocating damages in a wrongful death case is challenging because putting a price on a life is hard. Therefore, if a family in a wrongful death case feels the jury abused its discretion in calculating that monetary value, then the family can resort to a motion for JNOV to try and correct the decision. However,
Medical malpractice claims are brought when a patient is a victim of negligence at the hands of their physician. Due to the nature of this category of claims, stories of medical malpractice are often horror stories showcasing worst-case scenarios. Even further, the most intense medical malpractice claims result in the death of the patient. Understandably,
Personal injury lawsuits can be complicated, especially when they involve injuries sustained while shopping. Mary Mason found herself in this situation at a Burlington store in Lafayette, Louisiana, when a chair collapsed as she sat on it, causing her to fall and sustain injuries. Despite suing Burlington and claiming negligence, her case was dismissed due
You think that when you’re being taken care of by hospital personnel, you are in safe hands and do not have to fear for your safety. However, if you are injured when being moved from a hospital cart to your bed, can you claim negligence based on res ipsa loquitur? The Fifth Circuit Court of
Jeffrey Berniard is a specialized injury attorney with over 21 years of experience fighting for Louisiana families.