BHAA Wins Livingston Parish Mandamus Case

BHAA Wins Livingston Parish Mandamus Case

BHAA Partners Brian Abels and Mark Boyer are victorious in a case involving Livingston Parish President Layton Ricks. Below is an excerpt from the Advocate’s story covering the case, followed by a link to read the full article and download the notice of judgement.    “Livingston Parish President Layton Ricks no longer faces a court order to pay the legal bills of two former Parish Council members sued personally for alleged defamation, according to an appeals court ruling issued Thursday. The state 1st Circuit Court of Appeal said the Parish Council had other legal options besides seeking a writ of mandamus — a court order compelling a public official to perform a legally required duty — for settling its dispute with Ricks over the legal fees. The appellate ruling reversed an October 2014 order of Judge Brenda Ricks, no relation to the parish president, of the 21st Judicial District Court in Livingston, commanding the parish president to pay the bills. Judge Ricks had ruled that the parish president could not selectively choose which Parish Council resolutions he would follow…” click here to read the full article from THE ADVOCATE   DOWNLOAD NOTICE OF...

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Filing a Wrongful Death Claim After a Fatal Accident

The sudden loss of a loved one can leave a family emotionally devastated and financially overwhelmed. Funeral expenses and medical bills can be exorbitant and add up quickly, leaving family members to deal with a host of complications during their time of grief. During these terrible times, we step in and help Louisiana families navigate potential legal options, including a wrongful death claim. A wrongful death claim may be appropriate if loss of life occurred due to reckless or negligent actions or otherwise preventable circumstances. This can include accidents caused by drunk drivers, bad road conditions, distraction and much more. We know the laws pertaining to civil claims for wrongful death, and we can help families understand what legal options are available and how to move forward with the most appropriate choice. It is important to act quickly after a possible wrongful death incident. These cases are time sensitive, and important evidence can be lost over time. While the legal process can be arduous and complex, families should not have to attempt the necessary steps alone. From gathering documentation to filing important paperwork, we are by the side of every Louisiana family that comes to us, advocating for their rights and interests. If you have lost a loved one, we know that no amount of compensation can undo what has been done. However, we are not daunted by complex cases, and we will fight to ensure that liable parties are held to account for your suffering. Learn about your options for a wrongful death claim and get the support you need by reaching out to a member of our experienced...

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The right lawyer for a Car Accident Case

The right lawyer for a Car Accident Case

Most people know that when you are injured by someone else due to their negligence, you can be awarded money from the court to compensate you for your injury. This type of money award is called compensatory damages. What most people don’t know is that in certain vehicle accidents caused by a drunk or intoxicated driver, the injured victim can be awarded additional money through what is called punitive damages. Punitive damages are designed to “punish” the offender for their actions and to prevent them from committing the same act in the future. Though punitive damages are generally impermissible by Louisiana courts, Louisiana Civil Code article 2315.4 permits punitive damages to be awarded for injuries that were the result of a “wanton or reckless disregard for the rights or safety of others by a defendant whose intoxication while operating a motor vehicle was a cause in fact of the resulting injuries.” This means that when a person is injured by someone operating a motor vehicle while drunk, or otherwise intoxicated, and their intoxication was the cause of the resulting injuries, additional damages may be awarded by the...

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The Right Lawyers for your Offshore Injury Case

The Right Lawyers for your Offshore Injury Case

Louisiana’s lucrative oil and gas industry provides thousands of great jobs and the opportunity to build a successful career, but with these possibilities also comes the inherent dangers associated within the industry. Inevitably, hard working individuals in the oil and gas business get hurt – that’s where BHAA comes in. We have great lawyers on staff specializing in offshore and onshore injury cases. The injured party or his beneficiaries may qualify for State Workers’ Compensation or possibly even Federal benefits under the Longshore and Harbor Workers’ Compensation Act (LHWCA). Alternatively, based on the facts and the injured oil and gas worker’s employment history, the injury stricken individual may qualify as a Seaman under the Federal Jones Act.  This may entitle the injured party to pursue general damages directly against their employer for pain and suffering, lost wages, loss of earning capacity and other compensation.  Additionally, if the accident was caused by an employee of a different company, the injured worker may also be able to pursue a tort claim against this third-party as well as the negligent third-party’s employer. Under the theory of vicarious liability, in addition to the employee being personally liable for the injuries or death of another, if the negligent employee was acting in the course and scope of their employment at the time of the accident then their employer can also be held liable for the negligence of that employee.  It is important to understand these issues soon after an accident because it can affect your rights to benefits and other damages under the law. Whatever the case may be, you need a great lawyer specializing in offshore injury cases, as well as onshore oil and gas industry related personal injury...

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Finding a Medical Malpractice Lawyer

Finding a Medical Malpractice Lawyer

In 1975, the Louisiana Legislature enacted legislation which limited on damages for medical malpractice claims against qualified healthcare providers at $500,000, plus past and future medical expenses, and provided for the Patient’s Compensation Fund (PCF). Claims made against public and state healthcare providers are governed by the Malpractice Liability for State Services Act, while claims against private healthcare providers are governed by the Medical Malpractice Act. To be considered a “qualified” healthcare provider, the healthcare provider must pay premiums to the PCF. Under the Acts, an individual qualified healthcare provider may be liable up to $100,000 for damages resulting from their malpractice, with any remaining sum owed to the plaintiff to be paid from the PCF. While the cap on damages is set at $500,000, this cap is exclusive of past and future medical expenses and any amount exceeding the cap may be paid from the PCF. If the healthcare provider chooses not to participate in the program, then they do not enjoy the benefits of the Acts, including the cap on damages. There are time limits by which to bring a medical malpractice claim, so legal advice ought to be sought immediately upon the discovery of possible medical...

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Creating a Living Will with your Lawyer

Creating a Living Will with your Lawyer

Living in Louisiana, we are always told to be prepared for the possibility of a devastating hurricane. Luckily with hurricanes, we have a few days notice before one hits, and when there is such a storm brewing in the Gulf of Mexico, we immediately stock up on food, water, batteries, and other essentials, or decide to evacuate to a safer location. Unfortunately, some other disasters in our lives are not so foreseeable and can happen in an instant. An unforeseeable medical disaster can leave you incapable of deciding whether or not life sustaining procedures should continue; leaving that most difficult decision to your family. One way you can help prevent burdening your family with making that nearly impossible decision, while ensuring that your wishes are fulfilled, is by having a Living Will. A Living Will is distinctive from a Last Will and Testament in that a Living Will is created with the specific purpose of declaring your intentions in regards to the continuation of life sustaining procedures in the event of your inability make or convey those decisions to your...

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