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Articles Posted in Car Accident

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Can a Settlement Agreement Preclude Future Lawsuits? Not Always: A Case Study

When you sign a settlement agreement and release, it is easy to assume you waived all rights to sue over the incident that led to the agreement. However, there are certain circumstances where you should have been provided with relevant information at the time of signing. Therefore, it is crucial…

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The High Cost of Overlooking Fine Print: A Cautionary Tale of Settlements and Release Forms

To avoid a lengthy trial, many lawsuits will be solved through settlements. Settlements may have their requirements, like signing a release. If presented with a release make sure you read it carefully and ensure it includes limiting language if other parties may be at fault. This is a lesson learned…

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50-50 Fault Allocation: The Complexities of Determining Fault in Workplace Accidents

Workplace accidents can be devastating, and determining fault can be complex and challenging. Clark Nixon, a dump truck driver, recently found himself in this situation after a workplace accident left him injured. While working at a job site for the Terrebonne Levee & Conservation District (“TLCD”), Nixon was involved in…

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Challenging Damages Awards: Why Courts Tend to Defer to Juries in Personal Injury Lawsuits

It may not be uncommon to recover less than you had hoped in a personal injury lawsuit. However, challenging the amount of money you are awarded to get more is a challenging feat. A recent case out of the East Baton Rouge Parish explains why courts tend to defer to…

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Absent Vehicle, Absent Negligence: Louisiana Appellate Court Affirms Dismissal of Products Liability Lawsuit

Car manufacturers have a duty to provide safe vehicles for drivers and passengers. A safe car includes an airbag that can help lessen the effects of an auto accident. What happens when your airbag doesn’t expand during a wreck? Can you sue the manufacturer of that airbag? An Ascension Parish…

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Court Finds Uninsured Motorist Coverage Waiver Valid, Denies Coverage for Injured Worker Injured

Protection from on-the-job injury is vital to any employee, especially those doing manual labor. But when so many types and subtypes of insurance coverage are involved in a single policy, how can you know when you’re covered? And what happens when you can’t tell if specific coverage applies to you?…

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Can a Judge increase a Jury’s Award of Damages?

The jury process is considered the great equalizer when it comes to the everyday man fighting large corporations. Juries in Louisiana are made up of twelve people tasked with evaluating the evidence and legal arguments of the parties. While juries do, their best mistakes can be made and corrected by…

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“Still on the Clock in Shreveport”: The Exclusive Remedy of Workers’ Compensation

A typical work schedule for a full-time employee consist of working seven to eight  hours a day. A customary practice among some employees involves leaving their place of employment a couple minutes before their official workday ends; however, what happens if you are injured during those last few minutes? Are…

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Pyramids of Escape: Independent Contractors and How They are a Threat to Your Accident Compensation.

If you are injured by someone in their course of employment, you can contact their employer for your compensation. But unfortunately, employers hire independent contractors to skirt around liability when their workers mess up. Below is a cautionary tale about how cascading levels of independent contractors left an injured plaintiff…

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How to Determine Who is At Fault in an Automobile Accident in a Parking Lot

In automobile accident cases, determining the drivers’ liability is often the core issue in determining damages. Unfortunately, who is at fault in a car accident in a parking lot can be tricky. The following lawsuit out of Lake Charles shows how courts weigh the evidence and come to conclusions in…

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