Filing a lawsuit is only the first step in the journey toward recovery. In Louisiana, the “win” rarely happens at the moment of the fall; it is earned through months of meticulous litigation, sworn testimony, and the strategic defeat of defense motions. To the uninitiated, the legal process can feel like a “black box” of
If you’ve been injured in a business or grocery store, the question isn’t just “Who is at fault?” but “What is my case worth?” In Louisiana, slip and fall settlements aren’t random numbers; they are calculated based on your medical bills, your pain, and—critically—your own percentage of fault. How much is a slip and fall
If you slip and fall in a Louisiana business, your case lives or dies by one specific statute: Louisiana Revised Statute 9:2800.6, also known as the Merchant Liability Act. Many people believe that if they fall in a store, the store is automatically responsible for their medical bills. This is a common misconception. In Louisiana,
This comprehensive guide explores the legal landscape of Louisiana slip and fall lawsuits, specifically focusing on the high evidentiary standards required by state law. By examining several landmark cases, we break down what you must prove to successfully hold a merchant or property owner liable for your injuries. Proving Merchant Liability in Louisiana: A Comprehensive
This case focuses on the procedural aspects of a personal injury lawsuit, highlighting the importance of deadlines and the consequences of missing them. Case Background Charles and Jeri Kouba sued the City of Natchitoches after Mr. Kouba fell on a staircase owned by the city. They alleged a defect in the staircase caused his injuries.
The following case deals with a common scenario: a guest gets injured at a business and sues, alleging negligence. But the legal outcome hinges on a crucial factor – whether the business owner knew or should have known about the dangerous condition that caused the injury. Case Summary Melanie Mark was injured when a wooden
statute of limitations. Micken appealed, arguing that the substitution of defendants should relate back to the original filing date, making her lawsuit timely. The Court of Appeal, however, upheld the trial court’s decision, emphasizing the importance of naming the correct parties within the prescribed time frame. Key Takeaways: This case serves as a stark reminder
In a ruling emphasizing the critical importance of adhering to legal deadlines, the Louisiana Court of Appeal, Fifth Circuit, affirmed the dismissal of a personal injury lawsuit due to prescription, leaving the injured plaintiff without recourse. In the case, the court affirmed a trial court judgment that dismissed Tammy Blanchard’s personal injury claims due to
Jeffrey Berniard is a specialized injury attorney with over 21 years of experience fighting for Louisiana families.