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Articles Posted in Negligence

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Final Judgments: What’s Necessary When It Comes to Precise Language?

What happens when a final judgment from a court lacks precise language as to the damages you should be awarded? The First Circuit Court of Appeals answers this question and explains the importance of precision and certainty in all civil case language. While attempting to break up a fight between…

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Louisiana Court Reverses Summary Judgment, Permits Plaintiff to Continue Discovering Facts

The discovery process of litigation is vital to a well-informed judgment rendered by the court. But discovery can be halted, disrupted, or dismantled by various motions. Finding and gathering all the necessary information in a lawsuit is incredibly important for all sides. Still, it requires showing a need for that…

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How Important is Expert Testimony in Medical Malpractice Cases?

In the face of the profound loss that accompanies the passing of a family member, the impact can be particularly agonizing when that loss follows the anticipation of medical intervention, such as a transplant. The immediate inclination might be to explore legal avenues through a medical malpractice claim, yet the…

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Harrah’s Casino Slip & Fall Lawsuit Survives Summary Judgment

When you enter a store or place of public accommodation as a customer, there is a certain expectation of safety. Many customers expect stores to provide clean bathrooms and a slip-free environment. This, however, was not the case for Valencia Lewis when she was walking through a New Orleans casino. …

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Medical Malpractice Claim Dismissed For Plaintiff’s Failure To Show Sufficient Evidence

The prospect of undergoing medical procedures carries inherent risks; sometimes, unfortunate incidents can lead to injuries. In such cases, individuals can pursue medical malpractice claims to seek compensation for damages. A crucial aspect of these claims is presenting the appropriate evidence and adhering to procedural requirements. A telling illustration of…

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Emergency Medical Technician Not Liable When Following Proper Protocols During Medical Emergencies

When medical emergencies strike, the rapid response of emergency medical technicians (EMTs) can mean the difference between life and death. However, the high-pressure nature of their role can also give rise to complex legal questions when outcomes take a tragic turn. Richard Miller’s case sheds light on the intricate landscape…

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Plaintiffs’ Damages Awarded Can Vary Based On Evidence Presented

When multiple people are injured in the same incident, you might expect they are all eligible to recover the same type of damages, even if the precise dollar amount varies. This case indicates how the categories of damages awarded can vary by plaintiff, depending on the testimony and other evidence…

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Exploring Complex Damage Awards in Workplace Injury Lawsuits

While headlines often tout substantial monetary awards for injured workers, the intricacies of such compensation might remain shrouded in mystery. Behind every high-stakes verdict lies a meticulous process of presenting compelling evidence to substantiate the array of damages claimed. In a recent case involving workers at a Firestone Polymers plant,…

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Can a Plaintiff Prevail in a Medical Malpractice Case Without Expert Testimony?

In the realm of medical malpractice, the intricacies of the legal process can often appear daunting, especially when juxtaposed against the heart-wrenching backdrop of a stillborn baby’s tragedy. K Arceneaux found herself entangled in this very confluence of circumstances, seeking justice for her devastating loss while grappling with legal procedure…

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Court Finds Intentional Acts Exclusion In Homeowner’s Insurance Policy Is An Affirmative Defense

A homeowner’s insurance policy can help protect you if someone is injured on your property. However, like any insurance policy, a homeowner’s insurance policy can include many exclusions that limit what type of injuries your insurance policy will cover. If such an exclusion applies to your claim, your insurance company…

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