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Articles Posted in Wrongful Death

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East Baton Rouge, Louisiana, Courts Judgment Dismissing Negligence Claims Against Hospices Discharge of Terminally Ill Cancer Patient

In cases involving negligence on behalf of medical personnel, expert testimony is often needed to establish the standard of care that was breached by the party being sued. An expert’s testimony will be admitted based on its relevance to the facts at hand as well as the experts level of…

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Louisiana Injury Case Shows Importance of Following Proper Workers’ Compensation Procedures

If you are injured at work, it is imperative that you follow the appropriate procedures under workers’ compensation law to ensure that you are fully and fairly compensated for your injuries. A failure to properly report or address your injuries can result in a lesser payment or no payment at…

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Qualified Immunity Defense Protects Police Officer Facing Excessive Force Lawsuit

Police officers are tasked with enforcing the law and upholding civic order, but what happens when a person feels that a police officer ignored his or her constitutional rights; will the officer be held accountable? A case arising out of Alexandria examines this question through the issue of excessive force…

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CVS’s Wet Floor Not The Cause of Metairie Man’s Death

A slippery floor can be a real hazard but even the slickest surface, for all its danger, doesn’t cause every problem. The Louisiana Court of Appeal for the First Circuit made that clear in a recent decision involving a CVS Pharmacy in Metairie, Louisiana. Georgia Clesi and her husband, John…

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The Parents of a Lafourche Parish Bicyclist Are Unable to Recover Damages Against All Parties in Lawsuit for the Death of their Son After a Tragic Accident

When a person dies due to the fault of another, such as in a car accident, the surviving family may seek compensation for their loss by filing a wrongful death claim in civil court. A wrongful death claim is similar to a personal injury claim in which the injured person…

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Civil Contractor Not Liable for the For the Actions of an Independent Contractor in Wrongful Death Lawsuit from Springfield, LA

In 2012, an independent contractor, Charles Kamrath, contracted with Creek Services, LLC to move one of their bulldozers. Kamrath had previously moved the same bulldozer with his trailer without any complications. On February 24th of 2012, Kamrath loaded the bulldozer to his trailer and commenced the transportation to Hammond, Louisiana.…

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Xarelto Lawsuit Claims: Five Things You Need To Know

Xarelto was produced and marketed by Bayer and Johnson & Johnson as a one-a-day prescription blood-thinner primarily for the treatment of Atrial Fibrillation. Its purpose is to prevent the occurrence of patients receiving strokes. Since Xarelto’s FDA approval in 2011, many patients have been harmed by the administration of this…

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Louisiana Supreme Court Highlights Pleading Requirements for Putative (Unestablished) Parents in Wrongful Death LawSuits

Imagine your child passed away in the most horrific way. You seek remedies in the court system, but the court does not recognize your right of recovery as a parent. What a nightmare. In Louisiana, a putative (unestablished) father must timely file an action for avowal (a father’s action to…

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Prescription an Integral Element of Lawsuits After Wrongful Death

A few months after being in a car wreck, the unthinkable happens, and as a result of the accident, your loved one passes away. As you are mourning the loss, you also have to start thinking about your legal options that stem from the crash and the possible avenues you…

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Medical Malpractice Ruling Awards Wrongful Death Damages

Imagine taking your mother to the emergency room for abdominal pain and vomiting. A CT scan and x-ray do not reveal any serious medical issues, and blood work merely shows that her potassium level is low. But within a few hours, she is dead. Now imagine witnessing her death –…

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