If you have ever looked at a map or a set of turn-by-turn directions on an online navigation system, you know that, whatever your destination, there is often more than one way to get there. Each has its own advantages. One may be faster, one may be shorter, and one may be more scenic. The law can work a little like that sometimes. If you’ve been injured because of someone else’s fault, there may be more than one way to pursue damages. The accident case of a man who fell outside a fast-food restaurant offers an example of this in action.
When someone engages in improper conduct that injures you or a loved one, you’ll need to clear several hurdles to obtain compensation. Sometimes, the specific hurdles in your case may appear extraordinarily challenging or even impossible. Fortunately, though, many cases provide multiple different avenues for securing a verdict and damages award in your favor. With skilled counsel, you may be able to clear what seem like insurmountable obstacles. A case involving a tragic auto accident from Central Louisiana provides an illustration of this point.
When you are injured on a store or business’ property, there may be several obstacles in your way that potentially block you from success in your premises liability case. One common obstacle is the “open and obvious” rule, which says generally that, if a hazard was something that a reasonable person would have seen, the property owner isn’t liable. The key to winning is finding a way to overcome those hurdles, as one customer at a dollar store recently did in her Louisiana case, getting a renewed chance to pursue the store despite the fact that the hazard that caused her fall was a large box placed on the floor of the store.
In any injury case involving a roadway accident, there could be a wide variety of things that make the difference between success and failure. In the case of one bicyclist who was injured after a SUV made a left-hand turn and hit him, the defense tried to stymie the bicyclist’s case by arguing that the Louisiana Statutes granted them immunity from suit. The Louisiana Court of Appeal ruled that the defendant was not immune in this case, since the immunity statute only applied if the plaintiff was driving a motor vehicle, and a bicycle does not qualify as a motor vehicle in Louisiana.
When you are injured in a vehicle accident, there are certain things with which you are undoubtedly very familiar, including the factual details of your accident. However, achieving success in your injury lawsuit is about much more than putting together a strong factual presentation. It is also about understanding the law and procedure, and how to use them advantageously. The recent case of one injured man is a prime example. The man’s counsel’s post-trial motion led a trial judge to modify the outcome of the case and increase the man’s damages award from $58,500 to more than $500,000.
In your auto accident case, you may have many separate factors that go into achieving the outcome you need. Certainly, collecting enough proof to show that you’ve been injured, that another person was negligent, and that their negligence caused your injuries is part of this equation. It may not necessarily be everything, though. In some cases, it is about making sure that you get the right defendants included in your case, such as the at-fault driver’s insurance company. In one recent case, the plaintiff achieved this result by successfully persuading a Louisiana trial court and appellate court that an insurer couldn’t keep accepting a driver’s premium payments and then refuse to cover that driver.
New Orleans is no stranger to the rain. We all know the song we sang when we were little, “rain, rain go away, come again another day.” But we aren’t little anymore and most of us are forced to travel in the rain to work and other obligations. Because of the bad weather today and the upcoming rainy season, we wanted to bring to you some tips for safely driving in the rain. We hope you can use these tips yourself and share them with your children and loved ones.
KNOW YOUR SURROUNDINGS
As we travel, we cross many different types of terrain. For example, driving across a bridge during rain presents different concerns than driving across level ground. Be mindful when driving across a bridge that there may be gusts of wind which may cause you to lose control of your vehicle. A bridge may also not have shoulders for you to pull over if you are unable to see because of the rain.
Sometimes, the facts of your case may look ominous, giving you the fear that your case is hopeless. You should not give up without consulting an attorney first. An experienced injury attorney may have knowledge of the law that could make your case more viable than you might initially think. In a recent case, an injured woman’s lawsuit against two business entities was revived based upon a favorable Louisiana Supreme Court ruling issued back in 2013 that forced the lower courts to allow the case to proceed.
When it comes to auto accidents that cause injuries, many can be what you might call “typical.” For example, Driver A rear-ends Driver B, causing injuries to Driver B’s neck, back, or lower body. Or, perhaps, Driver 1 runs a red light, and Driver 2 crashes into Driver 1, causing injuries to Driver 2. Sometimes, though, your vehicle accident may be far from “typical.” Even when that happens, that doesn’t mean you cannot recover damages for your injuries.
When you are injured in an accident, there are many things that will go on in your trial. One part of your trial will center around deciding how to allocate blame for the accident among you, the defendant, and any third parties. Just because a jury may find you partly at fault doesn’t mean that you automatically recover nothing. In one recent case, the Louisiana Court of Appeal affirmed a jury’s finding that a pedestrian was largely to blame for his accident but still increased the pedestrian’s damages recovery from $54,600 to $80,600.