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Articles Posted in Pain And Suffering Claims

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Can a Homeowner Bring a Lawsuit Against a Contractor for Injuries?

Homeowners often have to deal with contractors, such as plumbers, completing work in their homes or yard. What happens when a homeowner is injured from a condition on the property the contractor created? The following case helps answer that question.  Donald and Marilyn Lincoln hired Acadian Plumbing & Drain to…

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City and Emergency Responders Not Liable For Injuries Sustained En Route To Hospital

Medical emergencies call for swift and professional response from emergency medical personnel. However, what happens when a patient sustains additional injuries during transit due to unforeseen circumstances? The following case highlights the complexities of dealing with immunity laws for government employees and emphasizes the importance of seeking legal counsel to…

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Is Nursing Home Fall Medical Malpractice or Tort?

Many of us provide support to elderly folks in our lives through our time and money. We expect the utmost attention and respect when we send a loved one to a care facility. Sometimes accidents happen, whether by negligence or by accident, that result in injury to patients. Regardless of…

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Look Both Ways Before You Cross!: Pedestrian Fault Allocation

People often assume that pedestrians always have the right of way. While this adage is partially true, pedestrians who avoid proper safety protocols can be found more at fault for an injury than the car that struck them. If avoiding physical trauma is not motivation enough to look both ways…

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Can you Sue a Hospital for Negligently Granting Your Doctor ‘Privileges’?

Amid the potential chaos and life-or-death scenarios in a hospital emergency room, “negligent credentialing” might not immediately come to mind. It’s understandable; after all, numerous nightmare scenarios occupy our thoughts. However, negligent credentialing is an incredibly significant matter that hospitals face regularly. So what is “negligent credentialing”? It all comes…

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What Happens When You File a Claim For Workers’ Compensation in the Wrong Court?

Getting workers’ compensation from an employer is already difficult, but it is even more so when the claim is filed in the wrong court. Although employees are entitled to workers’ compensation, the claim has to be filed in the correct jurisdiction. The following case shows what happens when you are…

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Final Judgment Lacking Decretal Language: What Happens to Your Case?

It is well known that every court order contains a physical copy declaring what the verdict of the case is, otherwise known as a final judgment. However, the order must contain what we call “decretal language.” But what in the world does that mean?  The Louisiana Third Circuit Court of…

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When Is a Company Required to Pay for Certain Medical Treatments for Injured Longshore Employees?

Suffering an on-the-job injury is a challenging experience that involves physical recovery and navigating the complexities of the worker’s compensation system. Determining when and how to return to work can be daunting in such situations. The questions surrounding medical examinations and the responsibility of companies to provide additional medical advice…

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Lafayette Court Denied Retaliatory Discharge Claim, Instead Found Employer to be “Very Accommodating”

In the face of a potentially unlawful termination from your job, navigating the legal landscape can be daunting. If you suspect that you have been fired unjustly, it is essential to understand the critical elements required to bring a lawsuit against your employer for wrongful or retaliatory discharge. A recent…

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Endymion Parade-Goer’s Claim Dismissed as Untimely

New Orleans is well-known for extravagant and entertaining Mardi Gras parades. What happens when an unknown tortfeasor injures someone during a parade? As the following case demonstrates, the claimant only has a certain amount of time to bring a lawsuit against the wrongful party, or they risk dismissal of the…

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