In most New Orleans personal injury lawsuits, the person or business responsible for causing the injury will have some form of insurance that provides coverage. Generally, if there is even a possibility that damages as a result of the accident would be covered by insurance, that insurance company is responsible for providing a defense on behalf of the person they insure. This usually includes all decisions regarding the hiring of attorneys to defend the case in court. While the defense attorneys are technically chosen and hired by the insurance company, this does not mean that they represent only the insurance company’s interests. Under Louisiana law, the insurance company is required to carefully consider not only its own self-interest in a personal injury lawsuit, but also the interest of the party it insures. This requirement extends to the attorneys the insurance company has hired to defend it. This means that while…Read More
It is not unusual for a New Orleans personal injury lawsuit to involve more than one defendant. Any time the negligence of multiple parties leads to an injury, an experienced personal injury attorney will pursue compensation from all of those responsible. An inability to locate a potential defendant does not bar you from pursuing damages from the defendants who are available. It may, however, impact the amount of compensation you ultimately receive. Under Louisiana law, when a judge or jury is determining who is at fault in a personal injury or wrongful death case, each person whose negligence is found to have been a contributing factor is assigned a percentage of fault. This percentage of fault is assigned regardless of whether the negligent person is a party to the action. Ability to pay, immunity by statute, and even whether the identity of the person can be determined also are not…Read More
Most New Orleans personal injury lawsuits involve a single negligent defendant whose actions led to the victim’s injury. Occasionally, however, the negligent actions of two parties – or even more – may combine to create a set of circumstances that lead to someone being injured. In such cases, the victim may proceed against all of the parties whose negligence resulted in a personal injury. When there is more than one defendant in a personal injury lawsuit, Louisiana’s courts follow a comparative fault approach in apportioning fault among several defendants. Under comparative fault, each defendant will be assigned a percentage of the fault and will be responsible for paying that percentage of the damages. In other words, the defendant who caused 80{d37eae5b8410ed8fb22098597e6ecfa689963c7e8a6548fdf24949bed3e82123} of the damages is responsible for 80{d37eae5b8410ed8fb22098597e6ecfa689963c7e8a6548fdf24949bed3e82123} of the financial judgment. This apportionment of the financial judgment applies even if one of the parties responsible for the injury is…Read More
Not every injury entitles the injured person to compensation. While every New Orleans personal injury lawsuit has its own set of unique circumstances, there are some fundamental facts that must be proven in every case before the plaintiff may be awarded damages. The basic laws underlying all personal injury lawsuits brought in Louisiana are set forth in Articles 2315 and 2316 of the Louisiana Civil Code. Article 2315 states: “Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it.” Article 2316 states: “Every person is responsible for the damage he occasions not merely by his act, but by his negligence, his imprudence, or his want of skill.” While these articles would seem to allow for a successful lawsuit whenever it can be established that a defendant’s negligence caused injury to the plaintiff, this is not actually the case. In a…Read More
Not every New Orleans personal injury lawsuit involves victims who were in perfect physical condition prior to the accident. Especially in the case of older victims, minor physical problems may become much more serious following an accident. A pre-existing injury can complicate a personal injury lawsuit. Obviously, the defense will argue that the victim’s current circumstances are no different than before the injury and, as a result, they suffered no damages. While in some cases this can be a difficult hurdle to overcome, individuals who suffer an aggravation or activation of a pre-existing condition are entitled to pursue damages. A victim is entitled to recover damages when an accident causes a pre-existing condition to flare up or become more serious. When making this determination, a jury will have to determine whether the victim suffered from a pre-existing condition and, if so, whether that condition was worsened by the accident. If…Read More
It is not unusual for the defense in a New Orleans personal injury lawsuit to request that an injured person undergo an examination by a medical provider of their choosing. While the defense typically refers to this examination as an “independent medical examination”, personal injury attorneys frequently call it a “defense medical examination” because the examiner – who is being paid by the defendant – is not truly independent. While a medical provider conducting an examination on behalf of the defense may conclude that your account of your injuries is completely accurate, very rarely does this actually happen. The reason the defense wants to have a doctor examine you before trial is because it is hoping that the doctor will reach conclusions regarding your condition that can be used against you in your lawsuit, and you can expect that the defendant’s physician will look for at least some aspect of…Read More
The conduct of the injured person can be an issue in any New Orleans premises liability lawsuit. As a result, it is likely that the defense will – at least to some extent – call into question the actions of the injured person when such a case is being tried. A person patronizing a store has the responsibility to see and avoid obvious hazards. As a result, the defense will want to establish that the hazard was readily apparent, the victim did not act in a way that would be expected of a reasonable person, and the victim’s conduct contributed to the injuries. The amount the victim recovers in damages will then be reduced by his or her own percentage of responsibility. When arguing that the victim should be held responsible for his or her own injuries, the burden is on the defense to prove by a preponderance of the…Read More
The parties occasionally file motions for summary judgment with the court in New Orleans personal injury lawsuits. The filing of such a motion means that one of the parties believes that there are facts in their favor that are beyond dispute. If the court agrees, the court will rule on the issue without need for a trial. A motion for summary judgment may be made by either the plaintiff or the defendant. When presenting this motion, the party is arguing that no “genuine issue of material fact” exists that is worthy of being heard at a full trial. In legal terms, a fact is “material” in a personal injury lawsuit when it is essential to the plaintiff’s theory of recovery. A “genuine issue of material fact” means that reasonable people could disagree about the fact being considered. When there is a genuine issue, a determination is properly left to the…Read More
In Louisiana, there are several laws that limit recovery for personal injuries suffered on land used for recreational purposes. These laws include specific regulations surrounding lands owned, leased, or managed as a public park by the state or its political subdivisions. As a result, if someone suffers a personal injury in a New Orleans park, the circumstances surrounding that injury must be carefully examined to determine if there is any right to recover damages. When landowners, including a government, permit use of land for recreational purposes, they are not responsible under Louisiana law for any personal injury caused by a defect on the property. This applies whether the defect was naturally occurring or man-made. The major exception to this rule occurs when the landowner engages in willful or malicious failure to warn against a dangerous condition, structure, or activity. There are, however, two other exceptions that specifically apply in cases…Read More
New Orleans dog bite lawsuits operate under a different set of rules than cases involving other types of animals. For cases involving animals other than dogs, the law requires proof that the owner of the animal was negligent. In contrast, under Louisiana Civil Code article 2321, when someone is bitten by a dog, the owner of the dog is considered strictly liable for any injury caused by it. Proof of the owner’s negligence is not required. This does not mean, however, that dog owners must automatically pay damages following every dog bite incident. The law also requires proof that the owner could have prevented the damage caused by the dog. The Louisiana Supreme Court has held that, to prove the owner could have prevented the dog’s actions, the injured person must demonstrate that the dog presented an unreasonable risk of harm. What constitutes an unreasonable risk of harm is determined…Read More
