As of August 1, 2012, the Louisiana Supreme Court is accepting electronic or e-filing of documents from Louisiana attorneys in good standing. Attorneys interested in this voluntary program must first participate in a 30-minute online training session provided on the Louisiana Supreme Court website in order to obtain a password…
The Baton Rouge, Louisiana personal injury lawyers at Dué Guidry Piedrahita Andrews Courrege L.C. salute the Louisiana State Police Insurance Fraud Unit for cracking down on insurance fraud. Insurance fraud investigators made three arrests in July 2012 arising out of the submission of fraudulent insurance claims. The first involved a…
There is a one year prescriptive period for survival action claims in Louisiana. The right to recover survival action damages for injuries sustained by a deceased person prior to their death may be brought only by the following exclusive class of beneficiary (including by adoption): (1) The surviving spouse and…
There is a one year prescriptive period for wrongful death claims in Louisiana. If a person dies due to the fault of another, suit may be brought only by the following exclusive class of beneficiary (including by adoption) to recover wrongful death damages which they sustained as a result of…
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…