When one is facing a charge of DWI, one can go to trial or engage in plea bargaining with the state. Deciding to negotiate a guilty plea, just like going to trial, carries with it its own set of potential advantages and disadvantages. If you plead guilty, the state can…
Louisiana Injury Lawyers Blog
Supreme Court Rules that Unintentional Spoliation of Evidence is Not a Cause of Action in Louisiana
An insurance company and an auto auction company will not face being sued for spoliation of evidence based upon their negligent failure to preserve a vehicle involved in an auto accident that injured the vehicle’s driver. The Louisiana Supreme Court recently ruled that the state’s law does not recognize a…
Louisiana Jury Entitled to Rule Against Injured Driver Despite Multiple Doctors’ Testimony at Trial
In a recent Southeastern Louisiana case, the expert testimony of two doctors, along with a driver’s own testimony, was not enough to secure a verdict in the driver’s injury lawsuit against the owner of her trailer park. Since a jury’s finding can only be overturned when it is blatantly erroneous, and…
Shortage of Proof Stymies Louisiana Family’s Negligence Suit in Fatal Motorcycle Crash
Sometimes, when one driver crashes into another and injures or kills that second driver, there are more people or entities at fault than just that first driver. In the case of one motorcyclist’s death in a “demo ride” event, however, neither the event’s sponsor nor its host were liable. The…
The Risks of Negotiating a DWI Plea Arrangement in Louisiana Without a Lawyer
A Jefferson Parish man received a decade in jail and a $5,000 fine for his 2013 DWI conviction. Why was his sentence so severe? Because the year before, the driver, facing four counts of DWI among other charges, negotiated his own plea deal without the assistance of an attorney. That…
Louisiana Court of Appeal Awards Family $325K After Toddler Breaks Arm on Daycare’s Age-Inappropriate Daycare Equipment
A Jefferson Parish couple received a damages award in excess of $300,000 after their one-and-a-half-year-old daughter broke her arm while playing on a piece of playground equipment meant for children ages five and up. The fact that the child’s daycare satisfied the state’s standards for the minimum teacher-to-child supervision ratios…
‘Open and Obvious’ Hazards and Premises Liability Cases in Louisiana
A New Orleans woman suffered a significant leg injury when she fell on the property of the apartment she rented. The woman’s landlords sought to escape liability for her injuries by arguing that the hole that felled the tenant was “open and obvious” to all. The Louisiana Court of Appeal‘s…
The Impact of Refusing a Blood-Alcohol Test on Your Louisiana Driver’s License
If you’re arrested on suspicion of DWI, you have the option of refusing a chemical test to measure your blood-alcohol content. If you are arrested multiple times and refuse multiple tests, this may have an impact on the status of your Louisiana driver’s license. If the state suspends your license,…
Understanding the Deadlines for Pursuing Your Louisiana Nursing Home Negligence Case
Nursing home staffs have a duty to care for their vulnerable patients, and cases of negligence are a breach of that duty. Families who find themselves in this position must move swiftly because the law imposes strict deadlines for action. The law may, however, delay these deadlines if the patient’s…
Proving Causation in Your Louisiana Auto Accident Injury Case
If you’ve been injured in an accident that was the fault of another driver, there’s a lot that goes into obtaining a successful outcome in court and recovering the compensation you deserve. You not only have to prove that the other driver was negligent, but also that you suffered injuries…