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Articles Posted in Civil Matter

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When is It Too Late to File a Products Liability Claim in Louisiana?

It can be puzzling — if not outright humorous — to observe the warnings in many pharmaceutical advertisements about how a drug’s side effects can be so severe that the potential harms outweigh the possible benefits. What’s not at all funny is when one of those side effects causes a…

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Baton Rouge Parent Denied Compensation Resulting from Son Abandoned on School Bus

How much of an award or compensation could a parent expect when a school board is found liable for inflicting trauma on a child? A trauma to a child would have a profound effect on the parent as well as the child. Is it not reasonable to expect the school…

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Insufficient Medical Evidence Leads to Louisiana Court Throwing Out Default Judgment in Bar Fight Lawsuit

We all try our best to avoid trouble, but sometimes fights happen. It may be best to avoid a brawl if you see one occurring. However, when you see your friend in a bind, human nature kicks in, and before you know it, you’re in an altercation that you never…

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New Roads Man Denied Coverage Under Uninsured Motorist Provision of Employer’s Insurance Policy

What happens when a motorist is injured in an automobile accident while operating a vehicle owned by an employer? While Louisiana law often permits named insured employees to receive reciprocal coverage under an employer’s insurer, insurance law is a complex and, at times, unclear field, especially in relation to uninsured/underinsured…

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Prior Bankruptcy Nearly Prevents Shreveport Man from Filing Personal Injury Case

When there’s no other option, bankruptcy is an effective tool to shield you from your creditors. But often, those filing bankruptcy do not consider how intrusive a bankruptcy can be. After filing bankruptcy, your remaining assets are put under a microscope by the bankruptcy trustee. Every transaction you make while…

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Insurance Contract Confusion Leads to Louisiana Lawsuit

Car accidents are scary. Whether any parties are injured or not, dealing with the insurance company for vehicle damage or personal injury is not an enjoyable activity for the general public. The situation is even less enjoyable when the person dealing with the insurance company is not the policyholder.  In…

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Company Prevails in Slip and Fall Claim because Condition was Obvious and Apparent

We often imagine slipping and falling on company property to be an instant payday for the injured party. Slip and fall injuries, however, can occur as a result of a variety of conditions and in numerous locations. One recent unusual situation involved algae in a parking lot that caused a…

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Help with Hurricane Ida Insurance Claims Part 1- Record your Phone Calls

In the wake of Hurricane Ida, there will be hundreds of thousands of insurance claims. Insurance companies will be overrun, but that’s no excuse for those companies to fail to pay your claims timely. Unfortunately, that’s not always how claims are handled. You undoubtedly have seen numerous posts giving general…

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Summary Judgment Proper in Suit Against the Secretary of Louisiana Department of Public Safety and Corrections

In a civil case, you do not have the classic “speedy trial” right. Instead, courts will seek expediency by granting summary judgments when appropriate. The purpose of summary judgment is to avoid frivolous and unnecessary trials, or at a minimum, to simply reduce trial time by dispensing of some claims.…

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Wrong Address of Defendant Without Due Diligence Leads to Dismissal of Case

The equivalence of “dotting the i’s and crossing the t’s” in the law is making sure to comply with court procedural rules. One such basic civil court procedure rule is proper service. Proper service is critical in establishing that a court has legal jurisdiction over a defendant. The defendant has…

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