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Articles Posted in Negligence

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How Does a Court Determine Liability in a Child Pedestrian Accident?

One of a parent’s worst nightmares is something happening to their child. This case delves into the heart-wrenching incident of a young child being struck by a neighbor’s car, leading to a complex legal battle to determine responsibility for the resulting injuries. While the child eventually recovered, the accident’s aftermath…

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Blind Trust: The Importance of Timely Appeals in Personal Injury Cases

In personal injury cases, plaintiffs are often left vulnerable due to the accidents leading to their injuries. Hence, they require excellent attorneys who don’t exploit these vulnerabilities but instead zealously advocate on their behalf. For Claude Allen Newsome (“Newsome”), a November 2010 car accident in Bossier Parish, Louisiana, left him…

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While Injured Worker Claims Late Payment, Louisiana’s First Circuit Court of Appeals Focuses on Important Date

For purposes of seeking an appeal, there is great importance in preserving the record, which may be done through admitting evidence at trial to support relevant claims. When the record has not been established at trial, it is difficult for the best attorneys to succeed on appeal. William Taylor (Mr.…

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East Baton Rouge Court Relies on Witness Testimony to Decide Automobile Accident Case

Following an automobile accident, you will likely deal with insurance companies unwilling to pay what you believe you are owed. Insurance companies may rely on a multitude of evidence to support their decisions, including witness testimony. The following East Baton Rouge lawsuit demonstrates the weight courts may place on witness…

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When a Cow’s Journey Turns into a Legal Showdown, Liability for Escaped Cows in Louisiana

What happens when a cow crosses a road? Although that might sound like the start of a joke, that is the situation Zaine Kasem found herself in after being run over by a cow that escaped from a herd owned by Joyce B. Williams and H.R. Williams Cattle Company (“HRW”). …

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Navigating the Rules of Evidence: How They Can Impact Your Lawsuit and the Jury’s Perception

When you are preparing for a lawsuit, it is crucial to understand what evidence you will be allowed to present in support of your claim. On the flip side, if there is evidence you do not think the other party should be able to present, you can file a motion…

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Prevailing Against All Odds: Triumphing in a Workers’ Compensation Claim

In the realm of lawsuits, there are always two sides to the story, presenting challenges in determining who will emerge victorious. However, even when faced with factual disputes, there is still hope for success in your worker’s compensation claim. The case of David Thibodaux, a truck driver for Grand Isle…

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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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