Louisiana’s legal system, enriched by its unique heritage, presents distinctive principles in automobile accident cases. A notable aspect is the “Sudden Emergency” doctrine, which is crucial in determining liability and defense in litigation. This doctrine allows defendants to argue that their actions during unexpected, dangerous situations were reasonable, impacting how responsibility is assessed in court. Grasping the “Sudden Emergency” doctrine is vital for those involved in automobile accidents in Louisiana. It sheds light on the legal framework surrounding accident litigation and influenc ..read more

As the elderly population increases, so too does the number of senior drivers, bringing specific legal challenges to light, particularly in car accidents. Elderly drivers, more likely to experience accidents per mile driven, face unique obstacles due to health issues like arthritis and the effects of medication. The legal framework varies by state, with stringent licensing requirements for seniors, including frequent renewals and vision tests. In legal arenas, elderly accident victims encounter difficulties, from potentially lower damages in wrongful death claims to the complexities of proving ..read more

Individuals often find themselves thrust into the bewildering world of personal injury claims in the wake of an accident. This journey, fraught with legal complexities and procedural nuances, can be overwhelming for those unacquainted with the intricacies of the legal system. At AKD Law, informed clients are empowered clients. By shedding light on the critical elements of the personal injury claim process, we aim to protect your legal rights and maximize the compensation you deserve. With our guidance, you can confidently approach your claim, backed by the expertise and support of our dedicate ..read more

Recent legislative changes in Louisiana have significantly altered the landscape of personal injury claims. A notable reform, the Civil Justice Reform Act of 2020, which became effective on January 1, 2021, introduced several key modifications. These include lowering the threshold for jury trials in district courts to cases where the amount in controversy exceeds $10,000, exclusive of interest and costs. The new legislation also altered how medical expenses are recovered in personal injury cases, limiting a plaintiff’s recovery to the amount paid by a collateral source, such as health insuranc ..read more

While driverless trucking technology is not yet fully developed, Louisiana has already enacted laws permitting the operation of autonomous trucks. This early regulatory move places Louisiana among the first states to govern the use of self-driving commercial vehicles. Under this law, autonomous vehicles must comply with all applicable traffic laws, carry a minimum liability insurance of two million dollars, and be properly registered. The law also applies the exact requirements to remotely operated driverless trucks. Louisiana’s legal framework for autonomous vehicles is an evolving landscape ..read more

In December of 2023 alone, the Food and Drug Administration (FDA) recalled seven medical devices, including infusion pumps to deliver medicines that are incompatible with syringes,  cameras to examine a patient’s airway that could cause burns, and a magnetic resonance system that could explode due to a buildup of helium gas.  Medical device recalls often leave patients in a state of uncertainty and concern. When a device meant to improve health turns out to be defective, it poses a risk to physical well-being and leads to a complex legal landscape. Medical device recall litigation in ..read more

The federal government recently filed a lawsuit against Exxon Mobil, citing employment discrimination at their Baton Rouge, Louisiana refinery. This action followed an investigation into complaints by Milferd McGhee, a Black employee, about the presence of nooses at the site. The lawsuit alleges Exxon Mobil fostered a hostile work environment by not taking sufficient action after five nooses were discovered between April 2016 and December 2020. McGhee initially reported a noose in January 2020, and despite his report, another noose was found almost a year later. The earliest incident was in Ap ..read more

Understanding the legal aspects becomes important when patients suffer injuries due to faulty medical devices. These claims often involve proving a defect in the medical device directly caused the injury. Documenting the injury’s impact, such as medical records and treatment details, is a key step in this process. Furthermore, demonstrating a direct link between the device’s malfunction and the injury is vital. Legal claims for faulty medical device injuries may address various aspects, including manufacturing defects, design flaws, or inadequate instructions or warnings. In such cases, the ma ..read more

Medical device recalls occur when manufacturers realize a product is not safe or effective. These recalls can happen for various reasons, such as defects, health risks, or inaccuracies in labeling or instructions. When a recall is announced, patients need to understand their rights and the implications of the recall. Individuals using or implanted with these devices should be aware of the potential health risks and steps for response. Manufacturers are responsible for notifying affected patients, healthcare providers, and the public about the recall. Patients have a right to receive timely and ..read more

The Louisiana Highway Safety Commission reports that in 2021, there were 678 traffic fatalities and over 23,000 serious injuries due to a distracted driver. Distracted driving has become a significant problem on today’s roads, impacting the safety of drivers, passengers, and pedestrians. This issue involves any activity that diverts a driver’s attention away from the primary task of driving. Common distractions include texting, using a smartphone, eating, talking to passengers, and adjusting the radio or navigation system. These activities might seem harmless, but significantly increase the ri ..read more