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Articles Posted in Pain And Suffering Claims

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Why are Experts Needed in Medical Malpractice Lawsuits in Louisiana?

The possibility of a error during surgery is frightening for any medical patient.  But unexpected occurrences during surgery don’t always rise to the level of medical malpractice.  The best medical malpractice attorneys know that to pursue claims of negligence expert testimony is mandated. The following case involving a gynecologist based…

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How Can I Prove My Injury Was a Result of Employment to Qualify for Workers Compensation?

When you have developed a medical condition or are injured during the course of your employment, you could be entitled to relief under Louisiana’s worker’s compensation laws. However, you must be able to show that the injury was caused while you were performing your job. Louisiana law requires the injured…

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Black Friday Shopper Who Slipped on Fallen Sign Has Case Dismissed on Appeal

Sometimes going shopping on Black Friday can be dangerous, as Sylvia Scott learned when she went shopping at the Dillard’s Department Store at Esplanade Mall in Kenner, Louisiana and slipped on a plastic sign that had fallen to the floor.  A business might be liable for such a misfortune if…

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Court Reviews Evidentiary Requirements for Damages Claims in Review of Baton Rouge Rear-End

Damages are the award of monetary compensation that the law imposes on a defendant for a violation of law or a breach of a legal duty. Generally, damages seek to remedy the harm done to the plaintiff by the defendant. The law recognizes several categories of damages including general damages,…

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Does Signing a Settlement Release Extinguish All Claims in Louisiana, Including Cancer?

Accidents happen, and sometimes it takes years before the effects of those accidents show up. So what happens in Louisiana if you are exposed to a toxic chemical and go through the traditional lawsuit process including resolving all of your claims but later develop cancer?  Can you come back and…

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CVS’s Wet Floor Not The Cause of Metairie Man’s Death

A slippery floor can be a real hazard but even the slickest surface, for all its danger, doesn’t cause every problem. The Louisiana Court of Appeal for the First Circuit made that clear in a recent decision involving a CVS Pharmacy in Metairie, Louisiana. Georgia Clesi and her husband, John…

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Burger King Employee Loses Out On Workers’ Compensation After Misrepresenting Injuries

When someone brings a workers’ compensation claim against an employer or former employer, they must not falsely represent any material fact, or the entire workers’ compensation claim will be forfeited. When the court finds that a plaintiff has misrepresented a material fact, they dismiss that claim in favor of the…

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Father of Color Guard Member Unable to Prove Negligence after MLK Parade Injury

When bringing a negligence lawsuit to recover damages for injuries sustained as a result of another person’s failure to act with due care, it is important to ensure that that sufficient evidence has been gathered in advance of the trial. A good lawyer knows that in order to properly safeguard…

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Court of Appeal Contemplates City of Baton Rouge’s Vicarious Liability for Police Misconduct

In Louisiana, employers are considered to be vicariously liable for the wrongdoings of their employees. La. C.C. art. 2320. This means that an employer is held liable for damages that their employee may cause while performing designated job duties. In a recent case, the Louisiana First Circuit Court of Appeal…

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