|
We focus on cases in: Contract Breach, Personal Injury,
Tortious Interference with Businesses, Class Action Lawsuits, Consumer Protection,
Fraud, Defamation, Copyright and Trademark Infringement,
Conspiracy, Malpractice, Mass Tort, Oil Spills, Toxic Tort, Maritime Injury, and
Securities Fraud.
Criminal Defamation
Law
Louisiana defines defamation as a means of communication – written or spoken – that is meant to
injure a person or business' reputation or livelihood. ... Whoever commits the crime of defamation
shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or
both.
Breach of Contract: A breach of contract happens when there are
agreements in place and there was a failure on the part of one party to complete it as contracted.
There are numerous factors that can be considered a breach including failure to act in good faith
in the agreement, not completing the job on time; not performing according to the terms; or not
doing the job at all.
Tortious Interference with an Agreement or Contract - To prove tortious
interference with an existing contract, four elements must be proven: 1) The plaintiff had a valid
contract. 2) The defendant willfully and intentionally interfered with the contract. 3) The
interference proximately caused the plaintiff’s injury. 4) The plaintiff incurred actual damage or
loss
Loss of your Earnings: You are also entitled to recover the loss of earnings
suffered from your injuries. Thus, wages, commissions, bonuses and all other earnings and fringe
benefits are recoverable.
Wrongful Death: Damages for "wrongful death" are available for the wife,
husband, parent and child of the deceased person. Sometimes, persons related by blood or marriage,
who were dependent upon the deceased, may recover. Damages are not limited to economic loss and may
include damages for mental anguish, emotional pain and suffering, loss of society, companionship,
comfort, protection, marital care, parental care, filial care, attention, advice, counsel,
training, guidance or education. Damages are available for the deceased's estate as well.
Pain And Suffering: Ordinarily, the most "valuable" and "critical" element of
your bodily injury claim is the right to compensation for physical pain and mental anguish you have
suffered and will endure in the future because of your accident injury or abuse. These general
damages are in addition to and may be far more than the amount of your lost earnings and medical
expenses.
Disfigurement: If the injury causes scarring or other unsightly marks, you are
entitled to recover for the disfigurement and humiliation or embarrassment associated with the
disfigurement.
Damage To The Marital Relationship: Serious injuries to one spouse may cause
damage to the marital relationship. If this occurs, you are entitled to recover for the loss of
society, affection, assistance, conjugal fellowship and loss or impairment of sexual relations that
occurs.
|
|
Legal Help
Mentz Law Firm consults and represents clients that have suffered some type
of injury or loss, whether physical from ( Accident Disaster or Medical ) or financial theft,
criminal defamation, libel, or negligence from Securities Fraud. In these types of cases, the
firm works on contingency arrangement, whereby plaintiffs have no up front lawyer fees. The firm
only gets a fee if Mentz Law Firm, LLC obtains a recovery for a plaintiff, generally in the range
of one-third of the ultimate recovery. Mentz Law Firm, LLC utilizes a variety of legal means to
pursue cases on behalf of its clients, including individual lawsuits, class actions, Multi District
Litigations, and other complex forms of litigation.
Louisiana is a Per Se Defamation State
The defamation
statutes enacted in Louisiana provide plaintiffs the ability to file a
defamation per se complaint against a defendant. Defamation per se is any statement that is, by
itself, defamatory. Statements falsely accusing a plaintiff of false accusations of criminal
behavior, or false statements. In defamation per se cases, the plaintiff does not have to
prove damages in order to successfully litigate because the statements are prima facie
defamatory.
Medical and Hospital Expenses: The cost and expense of all reasonable and
necessary medical expenses incurred and that are reasonably certain to be incurred in the future
because of your injury, are recoverable. These expenses include past (already-incurred) medical
expenses and costs and also future medical expenses, which may be the product of the original
injury or that result from an increased susceptibility to future injury. All forms of medical care
and treatment, whether hospital, medical, therapy, nursing, diagnostic testing, surgery, physical
rehabilitation or pain management are included. You can recover the full value of your medical
expenses from the responsible party even if your health insurer has paid all or part of your bills.
However, be aware that most health insurance contracts have a "subrogation" clause, that gives them
the right to be reimbursed for any amounts they have paid you.
Loss of Future Earnings: If your injuries permanently limit your ability to
earn, you can recover the value of the reduction in earning capacity with reasonable probability
which will occur in the future. These damages compensate you for your lost earning power over the
remainder of your working years, and can be even greater than the pain and suffering or general
damage awards mentioned above.
Damage To Your Vehicle Or Other Personal Property: You are entitled to be made
whole for any damage to your personal property. Where they can repair your vehicle, you are
entitled to recover the reasonable cost of restoring the vehicle to its condition before the
collision. In addition, you may recover the cost of substitute transportation necessarily incurred
while they are repairing your vehicle. If the cost of repair is more than the value of your vehicle
(a "total loss"), you are entitled to recover the full value of your vehicle before it was
damaged.
|
