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Articles Posted in Litigation

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Can a Settlement Agreement Preclude Future Lawsuits? Not Always: A Case Study

When you sign a settlement agreement and release, it is easy to assume you waived all rights to sue over the incident that led to the agreement. However, there are certain circumstances where you should have been provided with relevant information at the time of signing. Therefore, it is crucial…

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Navigating Medical Malpractice Claims: Understanding Legal Requirements to Seek Compensation for Harm Done by a Doctor

When you go to the doctor, you expect they will help you feel better. However, if your doctor worsens your condition, it is essential to understand the legal requirements for bringing a medical malpractice claim. Otherwise, you find yourself unable to recover. Milton Harris visited Dr. Breaud, an ophthalmologist, after…

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The High Cost of Overlooking Fine Print: A Cautionary Tale of Settlements and Release Forms

To avoid a lengthy trial, many lawsuits will be solved through settlements. Settlements may have their requirements, like signing a release. If presented with a release make sure you read it carefully and ensure it includes limiting language if other parties may be at fault. This is a lesson learned…

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When Can an Injured Worker Switch Doctors?

If you are injured as a longshoreman, you may be eligible for compensation under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”). It is essential to understand what this statute covers, including when you can switch to a new doctor.  Alexander Scott was a longshore foreman at Ports America. He…

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50-50 Fault Allocation: The Complexities of Determining Fault in Workplace Accidents

Workplace accidents can be devastating, and determining fault can be complex and challenging. Clark Nixon, a dump truck driver, recently found himself in this situation after a workplace accident left him injured. While working at a job site for the Terrebonne Levee & Conservation District (“TLCD”), Nixon was involved in…

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Challenging Damages Awards: Why Courts Tend to Defer to Juries in Personal Injury Lawsuits

It may not be uncommon to recover less than you had hoped in a personal injury lawsuit. However, challenging the amount of money you are awarded to get more is a challenging feat. A recent case out of the East Baton Rouge Parish explains why courts tend to defer to…

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Louisiana Court Requires Falsity Finding in Lawyer’s Defamation Lawsuit

The old Disney adage from the original Bambi movie, “If you don’t have anything nice to say, don’t say anything at all,” is probably wise life advice. Still, when it comes to legal advice, any good attorney will tell you, “if you can’t establish the falsity of the claims said…

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Casino Personal Injury Lawsuit Misses the Jackpot

Casinos can be a chaotic mix of adrenaline and alcohol. While a cultural staple of sportsmanship and skill, it is unsurprising that injuries often occur at casinos. The casino may be liable in some instances, but casino guests are also responsible for acting reasonably and taking precautions to ensure their…

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Tragic Loss: Lawsuit Highlights the Importance of Expert Testimony in Medical Malpractice Cases

Having a sick child can be a nerve-racking time. Having a sick infant is even scarier as you, as a parent, feel helpless. In these times, caregivers turn to the experts in medical centers to help. But, unfortunately, a hospital can’t always help before it is too late.  In June…

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Court Finds Uninsured Motorist Coverage Waiver Valid, Denies Coverage for Injured Worker Injured

Protection from on-the-job injury is vital to any employee, especially those doing manual labor. But when so many types and subtypes of insurance coverage are involved in a single policy, how can you know when you’re covered? And what happens when you can’t tell if specific coverage applies to you?…

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