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Articles Posted in Litigation

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What is the Deadline to File a Workers’ Compensation Claim in Louisiana?

Physically demanding jobs can result in workplace injuries that prevent employees from working and earning a wage. However, it is essential when filing a worker’s compensation claim not only to prove your claim but to do so within the timelines required by the courts. A workplace accident claim filed in…

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Can I get Workers’ Compensation Benefits if I Don’t Immediately Report My Injury?

Many jobs require physical labor, which comes with some risks of injury on the clock, especially for those who install and move equipment. Sometimes you get injured while working, and you think, “maybe I can just work through this.” However, if you attempt to work through an injury and don’t…

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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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Slip and Fall in Louisiana Convenience Store Lawsuit Discusses Open and Obvious Risk

If you have ever watched a legal television show, you have seen the wide variety of evidence presented. Even if your lawsuit is not as high-stakes as the latest murder mystery show, it is still important to present sufficient evidence to satisfy your burden of proof and prevail on your…

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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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Injured While Receiving a Massage and a Court’s Discretion to Award Damages

Spas, health clubs, and wellness retreats are a few places that prioritize the self-care of their patrons, offering relaxing services like manicures, mud baths, and massages. These places also owe a legal duty to their patrons by using reasonable care to avoid causing any injuries. After a massage went wrong…

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Terrebonne Auto Mechanic Injured Twice on the Job, Hospital that provided Medical Services Barred from Full Recovery

Injuring yourself while on the job is not fun for anyone, especially when your accident further exacerbates a previous workplace injury. What happens if you then try to seek retroactive benefits from your previous injury? You may run into an issue of prescription (otherwise known as the statute of limitations).…

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Louisiana Court Holds Plaintiff’s Failure to Have Surgery Precludes Argument for Future Medical Expenses

Scheduling a post-accident surgery promptly may be essential to ensure complete physical recovery. Sometimes, the scheduling of post-accident surgery matters less. However, scheduling your surgery prudently may pay off when recovering damages in court, as one plaintiff found in a recent appeal discussed below.  In 2010, Karl Kimsey was involved…

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Can You Enforce an Indemnification Clause Without a Fault Finding?

Personal injury cases can be costly for all parties involved. Paying those costs can get confusing, especially when there is indemnification. Indemnification arises when a party is contractually obligated to foot the bill for attorney fees and defense costs. The question then arises, can you seek indemnification if fault was…

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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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