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Articles Posted in Negligence Claims

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Injured Employee Entitled To Select One Physician Of Choice in Workers’ Compensation Claims

If you are injured on the job, one of your primary concerns is likely finding competent medical care. Under the Louisiana Workers’ Compensation Act, injured workers can select one physician of any specialty without their employer’s approval. What happens if your employer refuses to pay for your selected physician?  Marvin…

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Can a business be liable if a patron slips and falls on a wet walkway?

Lawsuits involving slip and fall accidents are widespread. However, specific requirements must be satisfied to prevail in a slip-and-fall case. The following lawsuit helps answer the question: Can a business be held liable if a patron slips and falls on a wet walkway?  While walking with her son in the…

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Contra Non Valentem Inapplicable To Lawsuit From Lung Cancer Death

Even in cases involving tragic factual situations, strict procedural requirements must be followed to prevail on your claim. This case involves the time limits in which you must file a lawsuit and the principle of contra non valentem, which is a rule that the time limit in which someone has…

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Mere Possibility is Not Fact: Baton Rouge Negligence Claim Falls to Summary Judgment

Summary judgment is designed to enable judicial expediency and cost-effectiveness in the courts. It is an important and complicated procedure that can occur repeatedly during litigation. When summary judgment is asserted repeatedly in the same case, how do parties prevail in their attempts to get or defeat summary judgment motions?…

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When is a Parent Company Responsible for the Safety of its Subsidiaries?

When an individual sustains an injury while on the job, the anticipation of receiving workers’ compensation to tide them over during their recovery is natural. Regrettably, situations arise where companies are unwilling to shoulder this responsibility. The scenario becomes more intricate when a parent company distances itself from its subsidiary’s…

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Lafourche Parish Court Demonstrates the Importance of Employee-Employer Relationship in Workers’ Compensation Cases

Unfortunately, accidents in the workplace are not uncommon. What happens, however, if you unknowingly signed an agreement making your employer immune from a liability claim? The following Lafourche Parish case outlines this predicament.  In September 2013, Neville Patterson signed multiple documents with Raceland Raw Sugar, LLC (RRS) and Raceland Equipment…

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Faulty Foundations: Battling the Dark Side of Medical Innovation – The Defective Medical Device Lawsuit Saga

Medical professionals are expected to uphold a standard of care in their practice. Unfortunately, life can present us with unfortunate circumstances where this standard is not met. When we experience injuries or worse due to the actions of those responsible for our treatment, healing, or diagnosis, medical malpractice claims can…

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Sufficient Evidence Essential To Establish Damages From Car Accident Lawsuits

In the aftermath of a car accident, the quest for justice often extends beyond determining fault, delving into the intricate realm of calculating damages. Even when the liability is undisputed, securing compensation can be laden with legal complexities. The following case unveils the story of Shelley Cooley, a collision victim…

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Workers’ Compensation Settlements: Protecting Your Social Security Benefits and Rights

Settling a lawsuit can have many far-reaching effects. Not only will it result in the dismissal of your lawsuit, but it could also affect things such as your social security benefits. Therefore, it is important that you consult with an attorney and carefully consider if a settlement is in your…

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Harvey Man Denied Damages For Truck Falling On Foot, Importance of Proof in Lawsuits

If part of a car falls on you at a vehicle yard, you should be able to recover damages for your injuries from the yard owner. However, if you do not provide sufficient evidence, you will likely be unable to recover for your injuries. While Rico Lee was a customer…

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