Negligence occurs when the person’s conduct falls below an objective standard of care and that substandard conduct results in injury to another. The Louisiana negligence law specifically states, “every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it.” Negligence plays a part in almost every personal injury case, including motor vehicle accidents. Therefore, understanding negligence is essential to Louisiana personal injury law. If you are injured in a car accident, Louisiana’s duty-risk negligence analysis determines who is responsible for the damages suffered. Proving negligence using the duty-risk analysis consists of the [...]
Personal Injury Cases – What is Louisiana’s “No Pay, No Play” Law and How Might it Affect My Personal Injury Claim?
Several states, including the state of Louisiana, have passed laws with “no pay, no play” rules. These laws limit the amount uninsured motorists can recover when they are injured by insured motorists. When a driver suffers an injury or property damage in a car accident in Louisiana, they can file a claim with the other driver’s insurance company to obtain compensation for their losses. Louisiana’s “no pay, no play” law, passed in 2011, may prevent drivers who are uninsured or underinsured from collecting on a small insurance claim if they are involved in a motor vehicle accident. Specifically, the law states [...]
The average number of car accidents in the United States is 6 million. Nearly 1.25 million people die in these accidents, which is an average of 3,287 deaths per day. Fortunately, there are personal injury attorneys to assist injured persons immediately after an automobile accident. The following are things you should do after you have been involved in an automobile accident: 1. Stop. If you are involved in an accident, even a minor one, and drive away from the scene, you may be criminally charged with a “hit and run.” For this reason, it is important to stop immediately after an [...]
Most people are familiar with heat of passion manslaughter. But there are actually three other types of manslaughter that most people are not familiar with. The other three types of manslaughter are felony manslaughter, misdemeanor manslaughter, and resisting arrest manslaughter. This article will discuss heat of passion manslaughter in Louisiana. Subsequent blogs will discuss the other three types of manslaughter in Louisiana. The Louisiana Criminal Code defines manslaughter as: (1) A homicide which would be murder under either Article 30 (first degree murder) or Article 30.1 (second degree murder), but the offense is committed in sudden passion or heat of blood [...]
HOW LONG DOES A PERIOD HAVE TO FILE A PERSONAL INJURY LAWSUIT IN LOUISIANA? When a person is injured in an accident due to the fault of another, whether it be negligence, intentional or reckless conduct, that person is entitled to recover damages. Personal injury accidents arise from auto accidents, motorcycle accidents, truck accidents, slip & falls, construction site accidents, drownings, boat accidents, dog bites, head injuries, brain injuries, neck injuries, spine injuries, and loss of a limb. There are two types of damages, general damages and special damages, that an injured person can recover. General damages are those damages like [...]
The Differences Between Theft and Robbery Both theft and robbery are crimes in Louisiana that deal with the taking of something that belongs to someone else. Robbery is a crime against the person. A robbery occurs when a person takes something of value belonging to another from the person herself or that is in the immediate control of the person, by use of force or intimidation. In other words, for a person to commit a robbery against another, he must take something that the person is holding, has on her body, or that is in the immediate control of the person. [...]