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Articles Posted in Car Accident

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How Should Fault Be Apportioned in a Personal Injury Car Accident Lawsuit?

Personal injury cases can lead to placing the blame on a party so the injured person can receive compensation for her injuries. But what happens after a traffic miscommunication if both sides blame the other for the wreck? Further, what if their insurance companies are unwilling to take all the…

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Can the State be Held Liable for a Highway’s Defects?

As the weather gets nicer across the country, millions will travel to destinations near or far. Unfortunately, with this increase in traffic, accidents will occur due to the negligence of drivers. But what happens when the roadway’s integrity and safety come into question? Can the state be held liable for…

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Accident While Driving Your Car On The Job: You may not be covered!

Driving while on the job can be a common occurrence for many employees. Sometimes you may even use your personal vehicle on a workplace errand. If so, beware; Accidents happen, and your employer’s insurance may not cover you.  Kim Simon was struck by an uninsured motorist when driving her personal…

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I Named the Wrong Defendant in a Lawsuit, is my Case Over?

This scenario is not hard to imagine: you are driving along the road, and you get into an accident; however, the other vehicle is not just a regular car owned by a private citizen, but it is a dump truck owned by the local government. When suing a local governmental…

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If I’m Injured in a Car Accident in Louisiana but Have Texas Insurance Which State’s Law Applies?

Have you ever been involved in a car accident that potentially involved two states and wondered which state’s laws would govern your personal injury lawsuit? Say, you have an insurance policy issued in Texas, and you get into a car wreck in Louisiana. Which state’s laws will apply if you…

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Do You Have to Disclose a Personal Injury Claim to a Bankruptcy Court?

Filing for bankruptcy can be an overwhelming experience. Many disclosures must be made, and failing to do so can have severe consequences for other legal matters. For example, what happens if you are involved in a personal injury lawsuit after filing bankruptcy? Must you disclose that claim to a bankruptcy…

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How can an Appeal Affect a Jury’s Award for Mental and Physical Pain and Suffering?

Calculating appropriate damages for a plaintiff who experiences ongoing injuries from a vehicle accident is complex. Jury awards generally are left undisturbed by appellate courts. The following lawsuit shows how the appeals process can alter a jury’s award for mental and physical pain and suffering.  On October 1, 2009, Patricia…

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What is the Deadline to Answer and the Effect of Requests for Admissions in a Louisiana Lawsuit?

If you are involved in a lawsuit, you probably have a lot of things on your mind. However, you must pay attention to the required deadlines and time to respond to documents from the other side, including requests for admission. If you do not respond on time, you might be…

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When Is A Louisiana Jury Verdict Considered Excessive?

What happens if you win a lawsuit but the other side moves to reduce the amount of money you were awarded? This is the situation Marcus Berry found himself in after he was awarded over a million dollars in damages due to injuries he suffered in a car accident.  Following…

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Louisiana Court Holds that “Bobtailing” Limitations do Not impact Uninsured Motorist Coverage

Auto insurance can be beneficial when you are in a car accident. However, it isn’t uncommon to have specific provisions in your insurance policy that can limit your coverage. A recent case out of Kenner, Louisiana, interpreted whether certain caveats in an insurance policy can limit a client’s uninsured motorist…

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