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Articles Posted in Negligence

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When Do Employers Have To Pay Penalties And Attorney Fees For Denying A Workers’ Compensation Claim?

If you are injured on the job, you might be entitled to compensation through the workers’ compensation system. What happens if your employer denies your claims for treatment recommended by your treating physicians? Can your employer be required to pay you penalties and fees? Betty Citizen hurt her back while…

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What Are The Timing and Bond Requirements For Appealing a Workers’ Compensation Judgment?

While involved in a legal dispute, there are strict timelines that must be followed, not only for filing an initial lawsuit, but also for filing any subsequent appeals. However, arguments can arise about what timeline applies to a certain factual situation.  Angela Jackson was injured while working at Family Dollar.…

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When Are Stairs An Unreasonably Unsafe Condition?

Sometimes, commonplace items such as stairs can lead to serious injuries. This case involves the unfortunate situation of a woman who fell down stairs and was injured. Under what circumstances can a building owner be held responsible for injuries from falling down the stairs?  Earline Couvillion fell on stairs while…

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When Are Oil Companies Liable For Damage to Oyster Leases?

While many people enjoy oysters, few people are aware how oyster leases work. This case involves a couple who held oyster leases that were harmed when a company decided to renter a nearby oil well. Can that company be held liable for the damages to the holders of the adjacent…

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Patient Awarded General Damages Where Surgeon Failed To Review Pre-Operative Test Results

Undergoing a surgery is always a nerve-wracking experience. You want to be able to trust that your surgeon conducted and reviewed the appropriate pre-operative tests. Can a surgeon be held liable if he or she fails to review the results of the pre-operative tests before performing the surgery?  Roger Burchfield…

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Motor Vehicle Exclusion Precludes Insurance Coverage In Child’s Death

Although money can never replace a loved one, if you find yourself in the tragic aftermath of a loved one’s death, you might be looking to recover damages from the responsible parties. However, the process of recovering damages can be difficult and emotionally charged. This is especially true if an…

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When Is An Employee Entitled To Select A Physician For A Workers’ Compensation Claim?

When receiving medical care, the choice of medical professional can influence your treatment. If you have been injured on the job, you might not be sure if you can pick your own doctor or if you have to use a doctor your employer selects. Under the Louisiana Workers’ Compensation Act,…

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What are Lejeune Damages, and how do they apply in Louisiana Lawsuits?

If you prevail in a lawsuit, you might be entitled to various damages. One type of damages available in Louisiana is Lejeune damages, under La. C.C. art. 2315.6. Lejeune damages allow an individual to recover damages from the mental anguish of witnessing the injury of a third party.  Louise Theresa…

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Judgment In Lawsuit From Garage Sale Injury Lacked Necessary Decretal Language

Depending on the outcome of a trial, when the jury renders its verdict, you might be excited or sad. No matter how you feel, you must review the trial court’s judgment to ensure it is sufficiently precise and definite to meet the requirements for a final judgment.   Charmane Manchester was…

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