An Ascension Parish jury ordered the State of Louisiana and a negligent driver to pay a father and mother $4.4 million after a truck accident killed two of their children.
In June 2014, 9-year-old Sarai Lanus, 6-year-old Daylon Lanus, their father David Lanus, and several other people were fishing near the side of Bluff Road in Prairieville, when 47-year-old Shawnette Taylor’s UV left the road, slid down a steep embankment, and slammed into the group of fishers. The Lanus children were pronounced dead at the scene, and their father was seriously injured. In the truck accident lawsuit, the plaintiffs claimed that the road’s defective design contributed to the crash, an allegation which the state Department of Transportation and Development flatly denied. The jury disagreed, dividing fault 60-40 between the state and the tortfeasor (negligent actor). Ms. Taylor had argued that David Lanus was responsible for the deaths and another vehicle got too near the center line, forcing her to leave the road to avoid a collision, but the jury disagreed with those contentions as well. [Read more…] about Multi-Milliondollar Verdict In Wrongful Death Case
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Good Samaritan Rescues Children From Burning Vehicle
A mother faces multiple charges after she allegedly drove off the road while intoxicated, causing serious injuries to her four children.
State troopers say that 29-year-old Kate Davis lost control of her 2005 Buick while northbound on U.S. Highway 165 near State Highway 101. The van left the road, entered a ditch, smashed into a culvert, and went airborne before eventually coming to rest in another ditch. The vehicle caught fire, and a passing motorist — whose name was not released — pulled the children out of the burning wreckage, sustaining severe burns in the process. All the serious injury victims were transported to local hospitals, but they are all expected to survive. [Read more…] about Good Samaritan Rescues Children From Burning Vehicle
Common Insurance Company Defenses
Part of being an aggressive and effective advocate for victims means working hard to develop a winning case. Since the plaintiff has the burden of proof, a successful case is built with solid evidence. An attorney must also have a clear theory of the personal injury case, and be able to explain the applicable law to the jury.
At the same time, an attorney must also anticipate the arguments that the other side will make. Despite what TV commercial jingles often imply, the insurance company is not “on your side.” In fact, insurance company lawyers are committed to minimum compensation for victims, because insurance companies lose money when they pay personal injury claims. What are some common tactics to reduce or deny recovery? [Read more…] about Common Insurance Company Defenses
What's The Difference Between 'Fault' And 'Liability?'
Two people were seriously injured in a truck wreck in Iberia Parish, and legal responsibility is unclear even though the fault seems clear cut.
According to state troopers, a passenger vehicle carrying three people crossed from the westbound to the eastbound side of Louisiana Highway 14 near the U.S. Highway 90 interchange. The car then hit the front wheels of a sugar cane truck before it careened into the rear wheels, causing the truck to flip over. All three people inside the car were rushed to the hospital with serious injuries; the other driver was not injured in the truck wreck. [Read more…] about What's The Difference Between 'Fault' And 'Liability?'
Drunk Driver Indirectly Kills Local Cyclist
An intoxicated motorist caused a fatal collision which killed a nearby bicyclist.
Lake Charles police state that the crash occurred near the intersection of Alamo and Kirkman. Jaylin Jack ignored a red light while northbound on Kirkman, and smashed his Chevrolet Impala into a Hyundai Accent that was westbound on Alamo. Mr. Jack’s vehicle then spun around and hit Shawn Allison as he was pedaling past the scene. First responders rushed Mr. Allison to a nearby hospital, where he was later declared dead. Authorities arrested Mr. Jack and charged him with DUI and failure to yield.
Investigators say that the charges may be upgraded later. [Read more…] about Drunk Driver Indirectly Kills Local Cyclist
3 Steps To Settling Cases On Favorable Terms
Almost all personal injury cases — upwards of 90 percent, in most jurisdictions — settle before trial, and many of these cases settle before a lawsuit is even filed. In most cases, the insurance company must present a reasonable settlement offer within thirty days, if liability is relatively clear. However, there are many loopholes in this standard, and the settlement process can sometimes last for months or even longer.
As a rule of thumb, a personal injury case is ripe for settlement once medical treatment is either entirely or substantially complete. How can an attorney maximize compensation in these situations?
Step One: Gather Evidence
The plaintiff has the burden of proof in personal injury matters, so plaintiff must present evidence to support his or her claims. Some of this evidence comes from eyewitnesses. They can be people that an attorney interviews later or that first responders contacted at the scene. It is important to talk to as many potential witnesses as possible, because typically, only a handful agree to give testimony at trial.
Eyewitnesses are often biased, at least to a certain extent; moreover, many eyewitnesses only saw part of the personal injury incident. To bolster eyewitnesses, attorneys turn to physical evidence, including:
- Skidmarks: These marks on the road give clues about velocity, braking, steering angle, and other vital information.
- Photographs: Pictures of both property damage and personal injury wounds give the attorney a better idea of how the crash occurred and are also very helpful to the jury.
- EDR: The Event Data Recorder automatically captures operational data, much like the “black box” flight recorders on airplanes.
Since memories fade, vehicle traffic rubs skidmarks away, pictures get misplaced, and the vehicle is usually destroyed a few days after the incident, a personal injury attorney must get to work quickly to preserve this evidence.
Step Two: Legal Theories
To establish first party liability, the tortfeasor (negligent driver) must either violate a safety statute, like DUI, or otherwise violate the duty of reasonable care. Such breach (violation) must cause physical damages, like lost wages or medical bills. Victims are also entitled to compensation for their noneconomic damages, like pain and suffering and loss of enjoyment in life. A third party liability theory, like negligent entrustment, may be available as well, and these third party theories are particularly important if the tortfeasor was uninsured or under-insured.
It is also important to anticipate what legal theories the insurance company might use to reduce or deny compensation to the personal injury victim.
Step Three: Negotiation
Before settlement negotiations begin, an attorney must calculate the personal injury case’s settlement value. This calculation is partially based on the objective numbers in the case, such as the amount of medical bills, and partly based on a subjective analysis, e.g. the amount of damages that a jury in that parish would likely award in such cases. As in all other situations, personal injury negotiations nearly always require some give and take, if a resolution is to be achieved.
T-Claude Devall and the other experienced Lake Charles personal injury attorneys at Lee Hoffoss Injury Lawyers are committed to maximum compensation for victims. Contact us today for a free consultation.