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Articles Posted in Negligence Claims

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How To Determine Personal and Subject Matter Jurisdiction in Car Accident Lawsuit

If you’ve been involved in a car accident and are considering filing a lawsuit, it’s essential to be aware of one crucial aspect often overlooked – the appropriate court venue. Venue refers to the location where a lawsuit is filed, and getting it right is crucial for the court to…

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Terminated Employee Not Entitled to Additional Unpaid Wages

Getting terminated from a job is always a stressful situation. You are likely concerned about how you are going to make ends meet. This is even more true if you believe your former employer has not paid you all the wages you are entitled to.  Rick Calamia worked for Core…

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What Constitutes a Violation of a Prisoner’s Constitutional Rights?

Prisoners, like all individuals, retain their constitutional rights even while incarcerated. However, proving a violation of these rights within the prison system can be challenging, as demonstrated in the following case. This case considers what a prisoner must show to succeed in a lawsuit against a prison supervisor alleging a…

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Double Recovery in Helicopter Injury Case?

If you do a favor for your boss outside of work and are injured, can you still sue for workers’ compensation benefits? This is a complex question dependent on the facts of a case. Workers’ compensation is only available for injuries suffered during employment. If the court finds that the…

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Patient’s Early Post-Operative Dismissal Causes Medical Expert Dilemma

Medical malpractice claims are not always limited to instances during treatment or surgery and may, as one young patient argued, include failures that occur afterward or post-operatively.  Justin Thomas, an eighteen-year-old, aspiring armed serviceman, underwent a right shoulder arthroscopy at Lafayette Surgicare to repair his repeated rotator cuff dislocations. The…

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What amount of force is allowed when restraining an inmate?

The burden of proof lies heavily on claimants to establish the elements of the claim they bring forward. Failing to do so can result in the dismissal of the charge. In the case of George Preston, a prisoner in a Louisiana jail, his complaint against Lieutenant Hicks and four state…

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Louisiana Inmate Failed to Establish Deliberate Indifference to Serious Medical Needs

When a prison official fails to provide necessary medical care to an inmate, legal action may be pursued against the individual. However, claiming deliberate indifference to an inmate’s serious medical needs requires meeting specific criteria. As exemplified by the case below, these factors are crucial in preventing individuals from bringing…

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Injured Dump Truck Driver Deemed 50% At Fault For Collision On Job Site

Workplace accidents can strike unexpectedly, leaving individuals injured and grappling with the complex question of who bears responsibility. However, when such accidents involve heavy machinery and contractual relationships, determining fault can become even more challenging. In the case of Clark Nixon, a dump truck driver at Terrebonne Levee & Conservation…

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Dealing with Flood Damaged Property? Be Prepared to Show Causation

The story of an underdog seeking justice against a powerful corporation is a familiar legal narrative. And while we may be inclined to root for the little guy, that does not relieve him from proving he has a valid case. In Louisiana, a plaintiff will not see his case go…

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Understanding Open and Obvious Defects: Implications for Personal Injury Claims

When it comes to personal injury claims resulting from slips, trips, or falls, the concept of open and obvious defects plays a significant role. Failing to act reasonably or being harmed by an apparent defect may hinder your ability to recover compensation for your injuries. This case exemplifies the importance…

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