In Louisiana personal injury law, the single most critical concept dictating whether you can recover financial compensation is prescription. Simply put, prescription is the legal clock that establishes the deadline for filing a lawsuit for cases such as slip and fall or car accidents. If you fail to file your injury claim before this clock
We’ve all heard the phrase “slip and fall,” often in a comedic context. However, slip-and-fall accidents can result in severe injuries and legal battles. The recent Louisiana Court of Appeal case of Barton v. Walmart highlights the complexities of such cases and what it takes to prove a merchant’s liability. In 2016, Douglas Barton was
A recent Louisiana Court of Appeal decision has underscored the significance of expert testimony in medical malpractice cases. The case, Mariakis v. North Oaks Health System, involved a wrongful death lawsuit alleging that the hospital failed to provide adequate care, leading to the patient’s death. The trial court initially granted summary judgment in favor of
In the realm of personal injury law, a recent Louisiana Court of Appeal case has highlighted the potential pitfalls of multiple lawsuits arising from the same accident. The case, Wicker v. Louisiana Farm Bureau Casualty Insurance Company, et al., involved a car accident where the plaintiff, Joy Wicker, initially filed a suit through her insurer,
A recent ruling from the Louisiana Court of Appeal underscores the challenges of securing substantial damages in personal injury cases, especially when pre-existing conditions and the severity of the accident are at play. The case, Pourciau v. Melville and State Farm, involved a minor rear-end collision. While the defendant admitted fault, the court ultimately upheld
Louisiana Court Awards Damages in Car Accident Case Despite Pre-Existing Conditions and No Pain, No Gain? Understanding the Importance of Proving Injury in Louisiana Car Accident Cases
A recent Louisiana Court of Appeal ruling underscores the complexities of premises liability cases and the challenges plaintiffs face in proving negligence when accidents occur on someone else’s property. The case, Krueger v. La Quinta Inn & Suites, involved a guest who suffered a foot injury due to broken glass in the hotel pool. While
Lafayette Police Shooting Shows the Limits of Officer’s QualifiedÂ
Deference to Trial Court: Appellate courts generally respect the trial court’s discretion in awarding damages unless the awards are manifestly erroneous or shock the conscience. If you’ve been injured in a car accident, seeking legal advice from an experienced personal injury attorney is essential. They can help you understand your rights, gather evidence, and pursue
A recent Louisiana Court of Appeal decision, Cruz v. Creecy, underscores the critical importance of proving injuries in personal injury cases arising from car accidents. The case reminds us that even when fault is established, a plaintiff must still provide credible evidence of their injuries to secure damages. The case started when Rosa Cruz was involved
Jeffrey Berniard is a specialized injury attorney with over 21 years of experience fighting for Louisiana families.