Articles Posted in Pain And Suffering Claims

louisiana_shrimp_boats_grand-1024x709In the realm of lawsuits, there are always two sides to the story, presenting challenges in determining who will emerge victorious. However, even when faced with factual disputes, there is still hope for success in your worker’s compensation claim. The case of David Thibodaux, a truck driver for Grand Isle Shipyard, serves as a prime example of overcoming obstacles in the pursuit of justice. Despite skepticism about the origin of his injuries and facing resistance from his employer, Thibodaux’s perseverance and the support of a skilled attorney led to a favorable outcome. This story emphasizes the crucial role of legal counsel in guiding individuals through the complexities of workers’ compensation claims and ensuring the presentation of compelling evidence to support their case.

Thibodaux was allegedly injured while working as a truck driver for Grand Isle Shipyard. He was driving a truck in Isabel, Louisiana picking up sand. His truck stalled in a pothole he had attempted to drive through, and the front axle of his truck broke. Thibodaux claimed the truck bounced around, and he hit his arm on an armrest. He was eventually able to stabilize the vehicle. 

Within a few days, Thibodaux informed his supervisor he was injured. He claimed his supervisor did nothing in response. Approximately eight days later, Grand Isle Shipyard terminated Thibodaux. He claimed at the time of his termination, he had not filed a workers’ compensation claim, nor had anyone at Grand Isle Shipyard informed him of how to file such a claim. However, before his termination, Thibodaux had visited his doctor related to the accident because of ear and neck pain. His doctor prescribed him various pain medications. Nevertheless, Thibodaux continued to have pain and sought additional medical treatment. 

skeleton_bone_medical_doctor-1024x768The case of Danell Brice, a home health nurse who was attacked while visiting Timothy Bragg’s apartment, highlights the complex legal issues surrounding the duty of care owed by healthcare professionals in situations involving potential harm to third parties. Brice filed a lawsuit against Dr. Lynn Simon, Braggs’ treating psychiatrist, and Dr. Vasanthi Vinayagam, who provided medical treatment to Braggs. The central dispute revolves around whether the doctors had a duty to warn Brice about Braggs’ changed medication and potential for violence. This article examines the court’s ruling on the motion for summary judgment and the application of relevant statutes in determining the doctors’ liability.

While visiting Bragg’s apartment, Danell Brice, a home health nurse, was attacked by Braggs. Braggs was admitted to Serenity Community Mental Health Center, an outpatient partial-day program for psychiatric patients. Braggs had paranoid schizophrenia and benign hypertension and was considered “poorly integrated.” When Brice was taking Bragg’s blood pressure in his apartment, he made sexual advances toward her. When Brice attempted to leave the apartment, Braggs shoved her into a corner by the door. However, she managed to push Braggs away and leave his apartment. Brice said that she sustained injuries when she pushed Braggs away from her.

Brice sued Dr. Lynn Simon, Braggs’ treating psychiatrist at Serenity, and Dr. Vasanthi Vinayagam, who treated Braggs for minor medical conditions at Serenity. Brice alleged that both doctors failed to warn her that Braggs’ medication was changed, failed to provide her with adequate security when treating Braggs, failed to protect her from a predicable assault, and breached their standard of care.

green_mold_harmful_mold-1024x768A pre-existing illness requiring time off is difficult, especially if one believes the work environment is worsening the condition. However, proving the environment is the cause of the worsening condition is difficult to do. So, how can a pre-existing illness affect a worker’s compensation claim? What happens if you cannot prove a causal link between a work environment and a worsening condition? The following Louisiana Court of Appeals case helps answer these questions. 

Amy Duplechin was a teacher at St. Landry Parish School beginning in 2000. She suffered from a respiratory condition causing several absences from work. After a semester-long sabbatical, Duplechin claimed her condition worsened due to alleged exposure to mold in her classroom. She claimed she found mold on the back of a bookshelf and growth along the air conditioner’s side. 

According to the School Board, the mold was cleaned by Duplechin and the custodial staff, and she was moved to a new classroom. Duplechin claimed the School Board failed to pay indemnity benefits and medical benefits timely and sought payment of penalties and attorney fees. Still, the workers’ compensation judge decided the law favored the School Board. 

leon_congress_parliament_180330-768x1024Dreaming of your day in court? Understanding the crucial elements necessary to succeed in your claim is essential. When pursuing a negligence lawsuit, one of the most challenging elements to establish is proving that the other party caused your injuries. Failure to provide sufficient evidence demonstrating a factual dispute regarding the cause of your injuries may lead to the dismissal of your lawsuit at the summary judgment stage, even before stepping foot in a courtroom. This case highlights the significance of meeting the burden of proof on causation and the potential consequences of failing to do so.

Jerome Mackey fractured his clavicle and injured his hand when he fell off the roof of Ronald and Kim Thompson’s house while climbing down a ladder Ronald Thompson had provided him. The Thompsons had hired Mackey earlier in the day to put a new roof on their house. Mackey filed a lawsuit against the Thompsons. 

The Thompsons filed a summary judgment motion, arguing Mackey had no evidence establishing they had caused his accident. The Thompsons provided deposition testimony from Mackey and an individual working with Mackey but not involved in the lawsuit. The Thompsons claimed this deposition testimony established Mackey and the uninvolved individual were responsible for Mackey’s fall. To counter this evidence, Mackey also provided deposition testimony and an affidavit from a contractor hired to inspect and photograph the ladder and roof following the accident. The trial court granted the Thompsons’ summary judgment motion and dismissed the case. Mackey appealed. 

computer_computers_1245714-1024x680Domestic violence affects countless individuals, and while physical harm may be the most obvious form of abuse, technology has expanded the range of abuses victims endure. Filing for a protective order is one action victims can take to address domestic violence. This case delves into whether cyberstalking qualifies as domestic abuse to obtain a protective order, highlighting how the law adapts to address technological advancements and protect victims.

Alicia Shaw and Melvin Young lived in New Orleans, Louisiana. After they had been married for just over a year, Shaw filed for a protective order under the Louisiana Domestic Abuse Assistance Law, La. R.S. 46:2131. She alleged that Young had punched, shoved, and threatened her with bodily harm. The trial court entered an Order of Protection. 

A few months later, Young filed for divorce on fault under La. C.C. art. 103. Shaw also sought a permanent protective order against Young. In support, Shaw testified that Young posted messages threatening to provide private photos of her to others. She also claimed that Young sent her friends messages saying “bad things” about her. Young also made posts on Facebook claiming she had broken into his home and accusing her of abusing the immigration system. She explained that as a result, she constantly feared Young, lost her hair and became isolated. After a trial, the court entered a judgment granting the divorce and granting Shaw a permanent protective order against Young. Young appealed. 

vessels_beach_brazil_pier-1024x768Within the intricate realm of maritime law, determining liability can be challenging, especially when it comes to assessing the responsibility of ship owners for open and obvious risks. Such complexities become particularly evident when adverse weather conditions come into play. In this context, we delve into the case of Robert dePerrodil, an oil field consultant, and his encounter with the M/V Thunderstar. 

As we explore the legal intricacies surrounding his injuries and subsequent compensation, we shed light on the duty of care owed by ship owners, the notion of open and obvious risks, and the calculation of damages. Join us as we unravel the multifaceted aspects of maritime liability and its impact on the lives of those involved.

Robert dePerrodil was an oil field consultant who worked for Petroleum Engineers, Inc. (“PEI”). PEI charted the M/V Thunderstar to transport dePerrodil from Venice, Louisana, to the offshore platform where he was to work as a consultant. Bozovic Marine, Inc. owned and operated the M/V Thunderstar. The captain of the boat was Captain Bozovic. 

vessel_twin_masted_ship-1024x683An injury can happen in the most unlikely of situations, and although it may seem minor at the moment, it can create lifelong physical ailments. When this unfortunate situation occurs, you deserve to be properly compensated, regardless of any pre-existing conditions you may have. The following lawsuit shows how an excellent attorney can assist you in doing so. 

Ricky Koch was working as a foreman for Economy Iron Works aboard the United States-owned vessel S.S. Altair. He was participating in a “walkthrough” to potentially submit a bid for his employer on areas of the vessel needing repair. During the walkthrough, the group encountered a stairwell. The chief engineer who was leading the tour flipped a light switch, but it only partially illuminated the stairwell. As Koch descended in the darkness, he missed a step and fell backward, hitting his head, neck, and shoulders on the stairs. Upon returning to his office that same day, he completed an accident report and was driven home by a colleague where his wife found him immobile on a recliner. 

Koch could not work after the incident, with severe pain in his knees, neck, and back. He ultimately saw an orthopedic surgeon who concluded the incident exacerbated his preexisting osteoarthritic conditions and caused the need for bilateral knee replacements. Koch also saw a neurosurgeon who opined he had herniated his C6-7 disc as a result of the incident and subsequently performed cervical spine surgery. However, after the surgery, he had complications, including carpal tunnel in his hands, which the neurosurgeon noted were associated with and worsened by Koch’s neck problems. Because of his injuries, Koch underwent a right total knee replacement and had one scheduled for the other knee once he was fully recovered. 

casino_game_play_argentina-1024x683Business trips can provide opportunities for networking and leisure, but unexpected injuries can turn the experience into a nightmare. One such example is the case of Jonathan Peters, who attended a business convention in New Orleans and stayed at Harrah’s Hotel.

Peters visited New Orleans for a business convention and stayed at Harrah’s Hotel. Around midnight, Peters exited the hotel to get something to eat. Peters walked on the hotel’s brick sidewalk as it was raining. When he began to slip, he moved to step on a hose to prevent himself from falling, yet he slipped and broke his wrist. After the fall, Peters underwent surgery at Tulane Medical Hospital, but this procedure did not rehabilitate him. Peters alleged he permanently lost the range of motion in his wrist.

Peters sued Jazz Casino and JCC Fulton Development, L.L.C. (“Jazz Casino”), the owners and operators of the hotel. Jazz Casino asked the lawsuit to be placed in the federal district court and filed a motion for summary judgment. The motion for summary judgment was granted. Unhappy with that decision, Peters appealed.

Accidents happen daily, and when they do, they can be overwhelming and stressful. If you’ve been in an accident and filed a claim for damages, but it gets dismissed due to the granting of a motion for summary judgment in favor of the defendants, you may feel like there’s no hope. However, this is not the end of the matter. The trial court’s decision can be appealed, and the appellate court will review the decision to ensure whether the motion was properly granted. The following lawsuit shows how the appeals process can alter a trial court’s decision.

Stephen Ledet and his young son were sailing on a 16-foot recreational boat (“Ledet vessel”) being operated by Stephen’s brother, Kent Ledet. They were sailing on the Intracoastal Waterway near Berwick, Louisiana. The M/V Miss Cissy (“Miss Cissy”), a 46.5-foot commercial vessel owned by Parker Drilling Offshore USA, LLC (“PDO”), was sailing on the waterway at the same time ahead of them. Its employee, Captain Richard Rowe (“Rowe”), operated it. 

Kent Ledet could see the ship approximately 200 yards away as the weather was sunny and clear. However, Miss Cissy was traveling much slower than the Ledet’s vessel. The Ledet’s vessel eventually caught up to Miss Cissy’s rear. Miss Cissy then suddenly accelerated its engine and created large swells and wakes. Kent Ledet was unable to avoid the large wakes. The boat tossed and slammed against the water, and the whole family sustained alleged physical and mental injuries. 

accident_car_accident_crash-1024x768If an individual suffers from chronic pain or a preexisting injury, it may be challenging to prove additional injury due to a car accident. Proving these additional injuries, however, is crucial for collecting damages or compensation for medical bills following the accident. The following Lafayette Parish case shows how a plaintiff may prove a causal link between the car accident and their injuries. 

This case concerns a motor vehicle accident between Traci Herbert and Brian Meaux. The accident occurred when Herbert made a wide right turn into a parking spot, and Meaux, who was driving a company vehicle for Barry’s Air Conditioning, wrongly assumed she was turning left. Meaux then attempted to pass Herbert on the right when the two cars collided.

At the scene of the accident, Herbert reported to the responding officer that the accident caused her to hit her head. She later testified that she suffered from a headache and neck and back pain as a result of the accident. The day after the accident, Herbert visited her chiropractor, Dr. Tiffany Pratt, who testified that her various injuries were caused by the accident and further required a course of treatment lasting nearly four years, including a referral to a neurologist.

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