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Articles Posted in Negligence

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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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Factual Disputes About Company’s Procedures Preclude Summary Judgment in Slip and Fall Lawsuit

If you slip and fall at a car dealership because of wet floors, you might think you have a slam dunk case. However, if the condition that caused your fall might be considered open and obvious, you could face an uphill battle.  Anna Landry took her vehicle to Leson Chevrolet…

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The Consequences of Lying in A Louisiana Workers’ Compensation Claim

What are the consequences of lying in a workers’ compensation claim? They can be harsh, as shown in the following lawsuit. Betty Reeder, a Certified Nursing Assistant (CNA) at Hardtner Medical Center, found herself embroiled in a legal battle after suffering an injury on the job. This article examines the…

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Final Judgments: What’s Necessary When It Comes to Precise Language?

What happens when a final judgment from a court lacks precise language as to the damages you should be awarded? The First Circuit Court of Appeals answers this question and explains the importance of precision and certainty in all civil case language. While attempting to break up a fight between…

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Louisiana Court Reverses Summary Judgment, Permits Plaintiff to Continue Discovering Facts

The discovery process of litigation is vital to a well-informed judgment rendered by the court. But discovery can be halted, disrupted, or dismantled by various motions. Finding and gathering all the necessary information in a lawsuit is incredibly important for all sides. Still, it requires showing a need for that…

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How Important is Expert Testimony in Medical Malpractice Cases?

In the face of the profound loss that accompanies the passing of a family member, the impact can be particularly agonizing when that loss follows the anticipation of medical intervention, such as a transplant. The immediate inclination might be to explore legal avenues through a medical malpractice claim, yet the…

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Harrah’s Casino Slip & Fall Lawsuit Survives Summary Judgment

When you enter a store or place of public accommodation as a customer, there is a certain expectation of safety. Many customers expect stores to provide clean bathrooms and a slip-free environment. This, however, was not the case for Valencia Lewis when she was walking through a New Orleans casino. …

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Medical Malpractice Claim Dismissed For Plaintiff’s Failure To Show Sufficient Evidence

The prospect of undergoing medical procedures carries inherent risks; sometimes, unfortunate incidents can lead to injuries. In such cases, individuals can pursue medical malpractice claims to seek compensation for damages. A crucial aspect of these claims is presenting the appropriate evidence and adhering to procedural requirements. A telling illustration of…

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