When you are preparing for a lawsuit, it is crucial to understand what evidence you will be allowed to present in support of your claim. On the flip side, if there is evidence you do not think the other party should be able to present, you can file a motion…
Articles Posted in Pain And Suffering Claims
Prevailing Against All Odds: Triumphing in a Workers’ Compensation Claim
In the realm of lawsuits, there are always two sides to the story, presenting challenges in determining who will emerge victorious. However, even when faced with factual disputes, there is still hope for success in your worker’s compensation claim. The case of David Thibodaux, a truck driver for Grand Isle…
When Is a Doctor Required to Warn Someone of a Patient’s Threat?
The case of Danell Brice, a home health nurse who was attacked while visiting Timothy Bragg’s apartment, highlights the complex legal issues surrounding the duty of care owed by healthcare professionals in situations involving potential harm to third parties. Brice filed a lawsuit against Dr. Lynn Simon, Braggs’ treating psychiatrist,…
The Challenge of Establishing Causal Links in Workers’ Compensation Claims
A pre-existing illness requiring time off is difficult, especially if one believes the work environment is worsening the condition. However, proving the environment is the cause of the worsening condition is difficult to do. So, how can a pre-existing illness affect a worker’s compensation claim? What happens if you cannot…
Establishing Causation in Negligence Lawsuits: The Key to Prevailing in Court
Dreaming of your day in court? Understanding the crucial elements necessary to succeed in your claim is essential. When pursuing a negligence lawsuit, one of the most challenging elements to establish is proving that the other party caused your injuries. Failure to provide sufficient evidence demonstrating a factual dispute regarding…
Evolving Laws: Cyberstalking as Domestic Abuse in Obtaining Protective Orders
Domestic violence affects countless individuals, and while physical harm may be the most obvious form of abuse, technology has expanded the range of abuses victims endure. Filing for a protective order is one action victims can take to address domestic violence. This case delves into whether cyberstalking qualifies as domestic…
Unraveling Maritime Liability: Exploring Open and Obvious Risks, Duty of Care, and Damages
Within the intricate realm of maritime law, determining liability can be challenging, especially when it comes to assessing the responsibility of ship owners for open and obvious risks. Such complexities become particularly evident when adverse weather conditions come into play. In this context, we delve into the case of Robert…
Fifth Circuit Affirms $2.83 Million Award for Slip-and-Fall Aboard United States Vessel
An injury can happen in the most unlikely of situations, and although it may seem minor at the moment, it can create lifelong physical ailments. When this unfortunate situation occurs, you deserve to be properly compensated, regardless of any pre-existing conditions you may have. The following lawsuit shows how an…
From Business to Lawsuits: When a Trip Takes a Wrong Turn
Business trips can provide opportunities for networking and leisure, but unexpected injuries can turn the experience into a nightmare. One such example is the case of Jonathan Peters, who attended a business convention in New Orleans and stayed at Harrah’s Hotel. Peters visited New Orleans for a business convention and…
Can You Succeed in Appealing a Court Decision Made Against You?
Accidents happen daily, and when they do, they can be overwhelming and stressful. If you’ve been in an accident and filed a claim for damages, but it gets dismissed due to the granting of a motion for summary judgment in favor of the defendants, you may feel like there’s no…