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Articles Posted in Pain And Suffering Claims

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Workers’ Compensation Suit Claiming Benzene Exposure Caused Non-Hodgkin’s Lymphoma Fails

Often, the facts of a lawsuit are unclear. One strategy that lawyers often use to prove their version of events is to use an expert witness to corroborate their side’s story. Expert witnesses are individuals who possess knowledge in a field or area that the average person knows little to…

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Louisiana Court Finds Employee Did Not Prove Injury Occurred at Work

When an employee is injured in the course of his or her job, then the employee will receive wage replacement and medical benefits in the form of workers’ compensation. Workers’ compensation takes the place of a lawsuit an employee can bring when he or she is injured on the job…

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Pre-Existing Injury Not an Automatic Bar to Receiving Workers’ Compensation Benefits

Accidents can happen at any time, even at work.  Sometimes these accidents can aggravate a pre-existing injury.  In a claim for workers’ compensation benefits, employers may use the existence of an old injury to deny payment of benefits despite a clear work accident with medical repercussions.  This was the case…

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Port Allen Automobile Accident Lawsuit Results in Victory for Plaintiff and a Discussion of Damages and Trial Strategy

There are many questions involved in filing and pursuing a lawsuit. How do I file? When must I file? Against whom do I file it? What amount of damages do I seek? Most people are unaware that there are different types of damages. An attorney’s trial strategy not only plays…

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Marrero Winn Dixie Not Liable for Slip and Fall Injuries Due to Lack of Notice

There really can be several hazards in a grocery store: rogue carts, other shoppers, scattered merchandise, to name a few.   Even more common is the infamous puddle of water.  Inevitably in a store full of liquids, patrons can slip and fall in a neglected puddle.  But when should the grocery…

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Court of Appeal Affirms Damages Award in Lost Chance of Survival Case Out of Ouachita Parish

Good medical treatment, even in a first-world country, can, unfortunately, be difficult to find.  Doctors make mistakes and sometimes even entire hospitals can be at fault.  In a recent case out of Ouachita Parish, a woman was delayed admission to a hospital for an extended period which ultimately led to…

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Jefferson Parish Employee Cannot Prove Work-Related Injury From Unwitnessed Accident

In any lawsuit, the party seeking relief must carry its burden by proving every element of the claim or claims which it has raised. By doing so, the party satisfies to the court that it is entitled to the relief which it seeks. One such element pivotal to all claims…

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Tell It to the Jury: Louisiana Court of Appeal Reverses District Court in Medical Malpractice Case

Upon entering a facility for medical treatment, we all hope that we will be treated properly. However, what happens when a medical or health care professional deviates from the profession’s standards? What happens if there is a mistake in the diagnosis or treatment? Such victims certainly have an opportunity to…

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Entertainment Company Not Responsible For Concert Goer’s Injuries Sustained at Baton Rouge Centroplex, Despite Venue Hazards

What starts out as an entertaining night out for a concert with friends, ends with painful injuries.  Instead of enjoying your favorite music with companions, you must go to the hospital to treat injuries sustained due to negligent maintenance of the concert venue.  You are now recovering from your injuries…

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Louisiana Court of Appeal Upholds Jury Award for Bossier Parish Family in School Bullying Case

School bullying is a commonly discussed problem in our generation.  Parents are often faced with dilemmas on how to protect their children and instruct them in dealing with bullies at school.  In earlier eras perhaps this was considered a problem for the individual family to bear alone.  In a recent…

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