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Articles Posted in Pain And Suffering Claims

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Prisoner Sues Prison For Denial of an Extra Pillow And Mattress

Is it cruel and unusual punishment for a prison to not provide an extra pillow and mattress to an injured prisoner?  According to Fifth Circuit Court of Appeals, it is not.  It is unsurprising that inmates often complain about mistreatment from prison officials. But what is required for a prison…

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No Relief in Sight? Work Injury Case Out of Venice, Louisiana is Resurrected by Court of Appeal

Decisiveness can be an excellent quality, especially in a judge.  Court dockets are usually quite full and it can take a very long time for cases to be resolved. Whenever there is a confusion over which law to apply, however, patience is the greater virtue.  In a lawsuit, lawyers will…

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Injured Worker Found Permanently Disabled in Case Out of Opelousas

Accidents in the workplace can rob one of the ability to work or even do simple daily tasks. The system of workers’ compensation exists to ensure that injured workers are compensated for their injuries. However, certain rules exist to ensure money is distributed efficiently.  In a recent case out of…

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“Who Do You Work For?!” Worker Found to be “Employee” of Another Company in Personal Injury Case Out of Natchitoches Parish

Getting seriously injured on the job is always a terrible experience, but what if it is unclear for purposes of a lawsuit who you even work for? You know that someone owes you compensation for your injuries, but in this recent case out of Natchitoches Parish that “someone” may not…

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Caddo Parish, Louisiana Woman Injured At Work Can Only Recover Once for Her Injuries

“My neck, my back, my neck and my back” is a cliche that has been used in television shows and movies when someone gets hurt in an accident and likely tends to file a lawsuit. Although Caddo Parish, Louisiana woman, Ruth Toliver, may not have used the exact phrase, she…

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Louisiana Future Lost Wages Award Reduced Based on Lack of Evidence for Longer Work-Life Expectancy

Sometimes we are asked to do a task at work that we do not feel qualified to perform. We think things like, “Hey, that wasn’t in my job description.” Well, that’s essentially what happened to Mark Barto but, unfortunately, attempting to perform his assigned task resulted in a back injury…

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Mother May I? Louisiana’s Broad Definition of “Permission” Results in Insurance Company’s Liability in Case Out of Shreveport

Employees can pit employers against each other just like children do with parents. If permission is limited by one person the employee/child will simply repeat their request to the other party.  What an employee is permitted to do can be ambiguous.  In a recent automobile accident case out of Shreveport…

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Louisiana Seaman Loses Lawsuit Due to Insufficient Evidence and Conflicting Testimony

On the sea, a life jacket can save your life. In the courtroom, the life jacket that can save your case is provable and relevant facts. Seaman, Frank Glaze, recently found this to be true when a Louisiana Court dismissed his Jones Act personal injury case due to a lack…

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Causal Connection Between Accident and Injury is Key in Workers Compensation Lawsuit

An accident at the workplace is never fun, not for the employer, and certainly not for the employee.  In addition to the difficulty of the injury itself, determining who pays for the medical treatment is often in dispute.  Whether there is enough evidence to show that the accident actually caused…

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One Police Officer Found Not to Use Excessive Force, Others to Go to Trial

Over the last few years, we have all seen the videos of police arrest that seem to involve excessive methods. These videos stoke controversy and encourage a discussion on what constitutes “excessive force” during an arrest. Even with video evidence, the actions of the police and the arrestee are subject to…

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