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Articles Posted in Pain And Suffering Claims

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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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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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