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Articles Posted in Pain And Suffering Claims

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I Named the Wrong Defendant in a Lawsuit, is my Case Over?

This scenario is not hard to imagine: you are driving along the road, and you get into an accident; however, the other vehicle is not just a regular car owned by a private citizen, but it is a dump truck owned by the local government. When suing a local governmental…

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Door Closing Mechanism Causes Trip and Fall, Who is Liable?

Some doors, such as bathroom doors, are heavy and have quick automatic closing mechanisms attached. If a door of that nature hits you in the back on your way and knocks you down, who is liable? The following case out of New Orleans shows how courts deal with door-closing mechanisms…

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Insurance Disputes and Lack of Admitted Evidence Complicate Asbestos Injury Lawsuit

Insurance policies are often lengthy and very complicated. Therefore, understanding who may be liable when an injury occurs is critical, as failure to do so may lead to complex and expensive court proceedings. The following Iberville Parish case demonstrates the problems that arise when multiple insurance companies and policies are…

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Who is a Seaman under the Jones Act Coverage? Enter the Chandris Test

A disabling workplace injury can be a nightmare for an employee who suffers physical pain, mental side effects, loss of income, and the uncertainty of litigation. And when large sums of money are involved, an employer will want to fight tooth and nail to avoid liability. This can be particularly…

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Maringouin Police Chief Appeals Verdict Assigning Liability in Response to Domestic Violence Dispute

Police officers can often put themselves in dangerous positions when responding to calls related to domestic violence because tensions and emotions are usually running high. In close-knit communities, it is also not uncommon for victims and perpetrators of domestic violence to have prior relationships with the police. Such was the…

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Lake Charles Slip and Fall Lawsuit Against Kroger Fails for Lack of Notice

Imagine shopping at the grocery store, selecting fruit, when suddenly you are flat on your back.  Not just embarrassing but also painful and potentially injury-causing.  Who should be liable in this type of case? In a similar case involving a Lake Charles Kroger store, the answer lay in who had…

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Slip and Fall at Home Depot Lawsuit Dismissed on Lack of Proof of Unreasonable Risk of Harm

Customers have an expectation of safety while shopping in retail stores. When a customer is injured while on the premise, they are entitled to damages. However, a customer may only recover damages if adequate proof is shown. Proof of an unreasonable risk of harm is a critical element of Louisiana…

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If I’m Injured in a Car Accident in Louisiana but Have Texas Insurance Which State’s Law Applies?

Have you ever been involved in a car accident that potentially involved two states and wondered which state’s laws would govern your personal injury lawsuit? Say, you have an insurance policy issued in Texas, and you get into a car wreck in Louisiana. Which state’s laws will apply if you…

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Toe Implant Patient Wins Summary Judgment Over Manufacturers’ Defective Product

No one wants to experience pain and suffering after spending money and time getting surgery. Nonetheless, some people fall victim to these complications. A person can be prone to injury when a defective product is inserted into their body. This was the case with Kale Flagg. Kale Flagg underwent foot…

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How can an Appeal Affect a Jury’s Award for Mental and Physical Pain and Suffering?

Calculating appropriate damages for a plaintiff who experiences ongoing injuries from a vehicle accident is complex. Jury awards generally are left undisturbed by appellate courts. The following lawsuit shows how the appeals process can alter a jury’s award for mental and physical pain and suffering.  On October 1, 2009, Patricia…

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