If you are injured at work, it is imperative that you follow the appropriate procedures under workers’ compensation law to ensure that you are fully and fairly compensated for your injuries. A failure to properly report or address your injuries can result in a lesser payment or no payment at…
Articles Posted in Pain And Suffering Claims
Employers: When The Wrongful Denial Of Surgery Can Become Costly
In Louisiana, when an employee suffers an on-the-job injury, the employer may be held liable. This can easily end the initial romantic period of the employment, now that the employee’s interests are at odds with the employer’s. The employer considers that it now has to take care of a non-productive…
Man Who Fell Off Lawn Tractor Loses Lawsuit Against Home Depot Due to Lack of Evidence
When an accident occurs, it’s often difficult to determine what actually happened until the aftermath, but in the justice system, piecing a puzzle together and drawing conclusions based on little remaining evidence rarely constitutes enough of a basis to file a lawsuit. As the court said in the case of…
Court Denies Qualified Immunity Protection to Police Officer Who Made False Arrest After Injuring Sports Fan
Do you know your constitutional rights? In 2014 one-third of Americans were unaware of their First Amendment rights according to a Newseum Institute survey. This is an alarming truth that we, as citizens, must face. Here are some questions I pose to you: Do you know your Fourth Amendment rights?…
Pro Se Litigant Loses Claim Over Failure to Meet Burden of Proof in Louisiana Court
When asserting a claim under constitutional law, the moving party must meet a specific standard that is easily navigated by an attorney. As one Louisiana man recently learned, without the help of a lawyer, navigating these pleading standards can be difficult and detrimental to the outcome of your case. In…
Icees & Insurance: Fifth Circuit Court Dissects “Parallel” Proceedings
A unique feature of our American federal system is the separate yet intertwined system of state and federal courts. Sometimes a dispute may begin in a state court and end up in federal court. And sometimes, there may end up being parallel proceedings in both the state and federal systems.…
Failure to Prosecute Case Results in Dismissal of Lawsuit in Zachary, Louisiana
Filing and pursuing a lawsuit is no small task. Besides the often-significant monetary aspect, a plaintiff (the party filing the lawsuit) should be prepared for a large time commitment and effort in providing the necessary evidence to support their case. Good lawyers know how to aid their clients in gathering…
Louisiana Court of Appeal Discusses Calculation of Workers’ Compensation Benefits
Accidents occur everywhere including the workplace. Are you entitled to any benefits if injured while on the job? One common benefit of employment is the availability of worker’s compensation when injured on the job. Worker’s compensation is a type of insurance that grants wage replacement and medical benefits to employees…
Fifth Circuit Finds that Malpractice Insurer May Settle Malpractice Claim without Consent of Previously Covered Physician
Professionals in various fields whose work greatly impacts the lives of others may find themselves accused of malpractice. Especially in medicine where a seemingly simple mistake can end one’s life, the lawsuits that stem from malpractice can bring large awards to plaintiffs. This is where malpractice insurance comes in, to…
Oil Rig Worker Shot on the Job Loses Appeal After Failing to Prove Defendant is the Liable Party
It’s a common scenario: someone is injured or property is damaged because another party failed to use reasonable care. This situation is far from rare in the legal profession, and the responsible party is usually held accountable for their negligence with civil lawsuits. But what happens when the injured person…