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Louisiana Personal Injury Lawyer Blog

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Employee vs. Independent Contractor. When is an Employer Responsible for Negligence?

Often people are injured by a person who appears to be an employee of a company. However, just because someone seems to be working for a business doesn’t necessarily mean they are an employee. If you’re hurt by an employee of a company and want to seek damages, whether the…

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How can I Remove the Executor of an Estate in Louisiana?

Removal of estate executors can be difficult and require many hours of work. Not only does a petition need to be filed with the court, but the executor being removed must be notified, which often results in a legal battle. Things can become even more complicated when long-lost relatives appear.…

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Wal-Mart Not Liable For Slip And Fall Accident in Houma, Louisiana

If you slip and fall at a store, you might think the store will be liable for your injuries. However, to succeed in a slip-and-fall claim in Louisiana, there are various elements you must show before you can recover. You might not recover for your injuries if you do not…

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Louisiana Court Reverses Company’s Liability to People Allegedly Exposed to Chemical Leak, Finding No Evidence of “Specific Causation”

When a chemical leaks from a local business and spreads to a residential area, it is easy to assume that the company has exposed itself to liability for every person exposed to the leak. But what does someone have to prove to be compensated for their exposure? A case out…

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What does “Not Charted, Not Done” Mean in Louisiana, and How Does it Apply to Medical Malpractice Cases?

When one enters the hospital in times of a medical emergency, they hope that they will receive the highest standard of care possible. Often there can be uncertainty, however, as to what the threshold is for the highest acceptable standard of care. In an emergency, it can also become unclear…

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Can a Contradictory Medical History Affect the Outcome of a Louisiana Motor Vehicle Accident Case?

Injury and negligence alone cannot support a personal injury claim. There must be causation or a link connecting a negligent act and the related injury to succeed at trial. A consistent medical history and a plaintiff’s credibility can enormously impact whether a jury decides that a negligent act caused an…

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Missing Golden Ticket: Lafayette Final Judgment Lacks Decretal Language

What do the movie, “Charlie and the Chocolate Factory,” and final judgments have in common?  Both require a “golden ticket” to succeed in the next phase.  In Charlie and the Chocolate Factory, each contestant must have a golden ticket to gain access to Willy Wonka’s Chocolate Factory.  In trial-level court…

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Can a Worker’s Compensation Claimant Receive Spinal Cord Stimulator Treatment in Louisiana?

Injuries sustained on the job present challenges for the employee and employer, especially when multiple sites of injury are involved. In addition, injuries all over the body can require different medical treatments for each affected area. Specialized treatments such as a spinal cord stimulator can be recommended to alleviate pain…

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Plaintiff Fails to State Slip and Fall Claim Against Metairie Cafe Owner

Slip and fall claims are among the most common types of personal injury lawsuits. But how do you ensure that your claim makes it through the legal process? A dismissed case against a Metairie restaurant can show you what mistakes to avoid in setting up your slip-and-fall claim for success. …

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I lied in a pre-employment medical questionnaire. What are the consequences?

Medical conditions can be a sensitive topic for both employers and employees. While employers are extremely cautious in not asking discriminatory questions, the employees may still be reluctant and afraid to lay all cards on the table. Understandably, workers who suffer from pre-existing medical conditions feel that they don’t need…

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