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Articles Posted in Pain And Suffering Claims

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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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Causation in Personal Injury Cases: Analyzing the Impact of an Accident on Pre-existing Injuries

“Causation is an issue of fact.” “It is the test for determining the causal relationship between an accident and an ensuing injury.” D’Angelo v. Guarino. This definition was vital in the following case. In this case, court records revealed that Dwayne Levine (Plaintiff) was involved in an accident in 2012…

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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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Louisiana Appellate Court Declines to Increase Damages Awarded To Car Accident Victim

Why would you appeal a judgment when the jury ruled in your favor? The following case involves a situation where the jury ruled in favor of an injured person, and he was awarded substantial damages. Still, instead of basking in the glow of victory, he chose to appeal the judgment.…

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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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How Long Do You Have To File An Appeal for a Court Ruling in Louisiana?

If the trial court does not rule in your favor, you might find yourself considering filing an appeal. However, just like filing an initial lawsuit, there are strict time limits for filing an appeal. If you do not comply with these time limits, the appellate court will be unable to…

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Apartment Fire Lawsuit Dismissed Due to Smoke Alarm Evidence

If you and your family members are injured in an apartment fire, you might think you would be able to recover for your injuries from the apartment owners.  However, the law may only allow you to recover for your damages with sufficient evidence to support your claim.  Afrah Qasem and…

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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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