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Louisiana Law Allows Presumption Injuries Are Related to an Accident

Posted by Megan Kiefer | Dec 14, 2018 | 0 Comments

When you are injured in a car or trucking accident, a slip and fall accident, or any other type of incident and file a lawsuit or a claim, it is your burden, through your lawyer, to prove that your injuries were more likely than not caused by the accident. Louisiana law allows for an injured person to prove that their injuries are related to an accident based on an evidentiary presumption, making it easier on an individual to get compensation from a tortfeasor and their insurance company. The Supreme Court of Louisiana affirmed this in a decision in Housley v. Cerise, stating:

“A claimant's disability is presumed to have resulted from an accident, if before the accident the injured person was in good health, but commencing with the accident the symptoms of the disabling condition appear and continuously manifest themselves afterwards, providing that the medical evidence shows there to be a reasonable possibility of causal connection between the accident and the disabling condition.”

We have used this doctrine in many cases at trial to show simply and cost effectively how a car or trucking accident caused injury to our clients. Using the opinions or testimony of the injured client's treating physician, we have been able to easily establish that a car accident, a slip and fall injury, or other trauma, caused their pain and suffering, and have been able to secure them compensation at trial.

If you were involved in an accident and suffered injury, give us a call for a free consultation on how we can help you with your claim. If you are involved in a car accident in Metairie or New Orleans, it is important to consult with an experienced Metairie personal injury lawyer or a New Orleans personal injury lawyer as soon as possible. Give us a call for a free consultation on how we can assist you with this claim.

- Megan C. Kiefer is a partner and trial attorney at Kiefer & Kiefer, who specializes in car accident and injury litigation

About the Author

Megan Kiefer

Megan Kiefer is a partner at Kiefer & Kiefer. She is a trial attorney who specializes in personal injury, insurance defense, and appellate work and who has a proven track record in and out of court. Megan has experience as lead counsel in jury trials, judge trials, and mediations, as well as exte...

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