In any action (or claim for recovery of damages for injury, death, or loss asserted under any law or legal doctrine or theory of liability, regardless of the basis of liability) for damages where a person suffers injury, death, or loss, the degree or percentage of fault of all persons…
Generally, no person shall be liable for damages for injury, death, or loss of the operator of a motor vehicle, aircraft, watercraft, or vessel who is found to be in excess of 25% negligent as a contributing factor in causing his damages as a result of operating a motor vehicle,…
As recognized by the Louisiana Supreme Court in Dumas v. State, DCRT, 2002-0563 (La. 10/15/02), 828 So.2d 530, 537, prior to the 1996 tort reform amendments to La. C.C. arts. 2323 and 2324(B), the policy behind Louisiana’s tort law was ensuring that innocent victims received full compensation for their injuries.…
The Louisiana Supreme Court, in Watson v. State Farm Fire and Cas. Ins. Co., 469 So.2d 967, 974 (La. 1985), adopted the following factors (now known as the Watson factors) for determining the percentages of fault to be assigned to culpable tortfeasors, the trier of fact shall consider both the…
Establishing negligence under Louisiana law is accomplished via the following five prong duty / risk analysis: I. Was the conduct in question a substantial factor in bringing about the harm to the plaintiff, i.e., was it a cause in fact of the harm? -It is irrelevant in determining cause in…
Paul H. Dué visit superlawyers.com For the sixth straight year, Baton Rouge, Louisiana personal injury lawyer, Paul H. Dué of Dué Guidry Piedrahita Andrews Courrege L.C. has been rated by Louisiana Super Lawyers. “Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have…
B. Scott Andrews visit superlawyers.com Baton Rouge, Louisiana personal injury lawyer, B. Scott Andrews, of Dué Guidry Piedrahita Andrews Courrege L.C. has been recognized by Louisiana Super Lawyers 2012 in the practice area of Personal Injury-Plaintiff. “Super Lawyers is a rating service of outstanding lawyers from more than 70 practice…
On this Memorial Day weekend, the Baton Rouge, Louisiana head and brain injury attorneys at Dué Guidry Piedrahita Andrews Courrege L.C. advise motorcyclists to wear a DOT approved helmet while riding. It is well known that head injuries are a leading cause of death in motorcycle accidents. Wearing a helmet…
I recently purchased a Harley Davidson Soft-Tail Fat Boy motorcycle, and was quick to purchase a DOT compliant helmet because motorcycle accidents are a leading cause of head injuries and because helmets save lives. In fact, NHTSA “estimates that helmets saved 1,829 lives in 2008, and that 823 more could…
For the third time in four years, Louisiana’s largest medical malpractice insurer, LAMMICO (Louisiana Medical Mutual Insurance Company) is issuing a large dividend of approximately $5.1 million to its Louisiana and Arkansas policyholders (including individual physicians and other health care professionals, groups & healthcare facilities). LAMMICO’s Louisiana doctors will get…