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Articles Posted in Negligence

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The Challenge of Establishing Causal Links in Workers’ Compensation Claims

A 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…

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Establishing Causation in Negligence Lawsuits: The Key to Prevailing in Court

Dreaming 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…

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Louisiana Patient’s Compensation Fund Oversight Board Cannot Exceed Its Statutory Authority

When pursuing a medical malpractice claim in Louisiana, adhering to the necessary procedural requirements is crucial for a successful case. Failure to comply with statutory obligations can lead to legal battles centered around procedural technicalities rather than the merits of the claim. That is the situation Lori Franks found herself…

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From Business to Lawsuits: When a Trip Takes a Wrong Turn

Business 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…

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Can You Succeed in Appealing a Court Decision Made Against You?

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…

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The Importance of Accurate Service of Process Information in Lawsuits

If you need to file a lawsuit, obtaining the opposing party’s accurate service of process address is crucial. Otherwise, you may face challenges similar to those encountered by Veronica Gordon. Gordon was an independent contractor for A-1 St. Bernard Taxie & Delivery, LLC, when she was involved in a motor…

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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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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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