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Articles Posted in Pain And Suffering Claims

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Workers Injured During a 2006 Calcasieu Parish Oil Spill Finally Compensated

In the midst of a very active hurricane season, it is important to remember that Louisiana is no stranger to this type of inevitable damage. However, the dangers involved in disaster clean-up efforts are often forgotten, and far too often people who aid in these efforts aren’t compensated fairly when…

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South Louisiana Man Allowed to Bring Lawsuit Against India-Based Company

Lawsuits often appear to be complicated and complex, but what many people don’t know is that the outcome of a lawsuit can often be determined by a simple matter of logistics. The who, what, when, where and why of a situation can make the difference between winning and losing a…

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Even When a Truck Blocks All Lanes, Drivers Still Have a Duty to Avoid

After a motor vehicle collision occurs, a court will assign each driver involved a standard of care they were required to maintain. Drivers under Louisiana law are usually subject to ordinary care when driving their vehicle. However, under the law, certain motorists are held to a higher standard or are…

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Exclusions from a Release May be Just as Important as Inclusions

Suffering through an accident is bad enough, but dealing with the aftermath of that accident can be even worse without the help of a great attorney. An often overlooked but critical step in dealing with the consequences of an accident is deciding who to include or exclude from a release,…

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BUSINESSES’ FAILURE TO RESERVE SUBROGATION RIGHTS LEADS TO DOUBLE COMPENSATION FOR THE VICTIM

After making a successful workers’ compensation claim, an insurer may make a subrogation claim, which is the right of an insurer to recover the amount paid out in a claim from a third party that caused the claim to occur. However, failure to properly reserve this right can affect an…

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Employee Required to Reimburse Employer for Improper Double Dipping of Workers’ Compensation Benefits in Bossier City Case

Workers’ compensation laws require companies to set aside a fund to pay their employees for work-related injuries. But what happens when the employer also has long-term disability insurance and the injured employee collects both workers’ compensation benefits as well as the employer-funded long-term disability benefits? Receiving benefits from the correct…

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Parish of Lafayette Harley Davidson Dealership Not Liable to Motorcycle Rider Killed During Promotional Demonstration

Automobile accidents are unavoidable tragedies that happen on our roadways daily. All drivers owe a duty to other drivers to keep each other safe, but how far does that duty extend and to whom does it extend to? That was the case when a Parish of Lafayette man was struck…

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Not Yet: Motion to Dismiss Appeal Not Ripe for Review in Medical Malpractice Case Out of Lake Charles

Because of the highly technical aspect of seeking relief from the court system, someone unfamiliar with the legal process can be confused and frustrated by the litigation process. This circumstance can be intensified by the harm done and the matter being litigated. Mr. William Matthews, the surviving husband of Mrs.…

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Louisiana Court of Appeal Discusses Unwitnessed Accidents in Workers Compensation Cases

Workers compensation laws require an employee to be injured within the course of employment to qualify for benefits. However, what happens when an employee is injured without any witnesses present? How can the employee prove that the accident really happened? This case out of Calcasieu Parish demonstrates the burden for…

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Failure to Inspect Valve Exposes Parish of Jackson Company to Liability for Injuries from Sprayed Acid

When multiple companies work together on a project that causes an injury how is liability decided between the companies? That was the case when two Parish of Jackson truck drivers and their trucks were sprayed with acid from a broken hose. The two companies in charge of the project pointed…

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