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Articles Posted in Pain And Suffering Claims

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New Orleans Court of Appeals Reverses Decision That Lowered Medical Liens In Personal Injury Lawsuit

When one is injured by the actions of another, it is hard to consider all of the moving parts inside and outside of a lawsuit designed to make the injured person whole again. Past medical bills after an accident may come back to haunt someone who has been injured after…

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Louisiana Appellate Court Denies Appeal Of Jury Finding In Terrebonne Parish Medical Malpractice Case

With all of the advances in the field of medicine these days most people would probably think that a surgery to remove a person’s gallbladder would be considered fairly routine. However, when it comes to surgery, nothing can be taken for granted. A Louisiana resident, Richard Logan, and his doctor…

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Baton Rouge, Louisiana- Medical Malpractice Plaintiff Denied Claim for Lack of Expert Witness with Appropriate Expertise

People trust doctors and hospitals to take care of their health issues.  When someone in the medical community makes a mistake, it can seriously affect a person’s quality of life.  In Louisiana, in order to sue for medical malpractice, a plaintiff must prove what standard of care should have been…

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St. Tammany Multi-Vehicle Accident Lawsuit Raises Issues of Negligent Spoilation

  Plaintiff Richard Reynolds sustained injuries in a multi-vehicle accident on March 15, 2008, in St. Tammany Parish. Reynolds alleged, amongst other counts, that his insurer, Automobile Club Inter-Insurance Exchange (ACE) and Insurance Auto Auctions Corporation (IA) failed to preserve Reynolds’ vehicle for inspection purposes to determine whether any defects…

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The Parents of a Lafourche Parish Bicyclist Are Unable to Recover Damages Against All Parties in Lawsuit for the Death of their Son After a Tragic Accident

When a person dies due to the fault of another, such as in a car accident, the surviving family may seek compensation for their loss by filing a wrongful death claim in civil court. A wrongful death claim is similar to a personal injury claim in which the injured person…

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Monroe Area Doctor Sued For Medical Malpractice, Vindicated by Court Of Appeals

Karen and Joe LeBlanc brought a medical malpractice action against Dr. Rezaul Islam. A medical malpractice claim is a specific type of negligence claim in which the plaintiff alleges that a doctor or medical professional failed to act with the level of care they are duty-bound to provide, and that…

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Louisiana First Court of Appeal Illustrates How Settlement of Claims is Res Judicata Between Litigants in Tangipahoa Workers Compensation Lawsuit

In Louisiana as in other U.S. states, the doctrine of res judicata – literally “a matter judged” – prevents parties from re-litigating a matter once it has been adjudicated on the merits by a competent tribunal. This prevents prolonged litigation of cases which have been purportedly concluded, thus avoiding an…

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Louisiana’s No Pay, No Play Law Effects Not Only Car Owner but The Note Holder On As Well

In Louisiana the owners of motor vehicles are required by law to maintain a minimum amount of insurance in case of a collision.  That’s the law and there is no getting around it.  The rational behind it is simple, if you crash your car into someone else there needs to…

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Metairie Back Injury Case Shows Workers Compensation Reimbursement Requirements

Louisiana worker’s compensation laws allow for injuries to only be charged at the usual cost for treatment. When a worker suffers an injury on the job the amount a hospital receives to pay for treatment may not always cover the cost of the treatment, but the hospital may not be…

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Willis-Knighton Health System Employee Sees Reduction in Workers’ Compensation Benefits by 50% for Failure to Cooperate with Rehabilitation Order

If your hurt on the job your recourse will typically be through the workers compensation system.  Once you are in that system you must play by the rules and follow all orders of the court.  If you don’t your employer does have recourse to seek to limit your benefits.  Such…

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