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Articles Posted in Pain And Suffering Claims

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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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Can An Accident Reconstruction Expert Help Win Your Automobile Accident Lawsuit?

Automotive accidents can cause severe injuries to those involved. However, the testimony of accident reconstruction experts can help juries determine what happened and come to the correct conclusions about liability. The following lawsuit out of Baton Rouge shows how an accident reconstruction expert can help you win your automobile accident…

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Workers’ Compensation Claimant Denied Choice of Physical Therapist to Conduct Functional Capacity Evaluation (“FCE”)

An injury on the job is never easy to deal with, especially when it results in a permanent disability affecting your ability to perform your regular job functions. A functional capacity evaluation (FCE) may be conducted at the employer’s expense to identify the parameters the claimant may return to work.…

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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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Liability in Boating Accidents with Steering System Failure

Hydraulic steering is part of modern-day recreational vessels. When a boat’s hydraulic steering fails, what party bears liability? The owner, driver, or manufacturer? In the following case, the Louisiana 3rd Circuit Court of Appeal was asked to determine liability and proper damages when a boat’s hydraulic steering system failed. On…

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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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