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Articles Posted in Accidents

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Injured by Stocking Cart in Grocery Aisle, Whose Fault is it?

Everyone can picture a grocery store on a busy day. The aisles are congested, and workers are hurrying to replace products on the sales floor. There may be stocking carts blocking walkways. Who is responsible if a shopper trips over a worker’s cart and injures herself? What about if the…

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Your Short Term Wheelchair May Be Subject To a Hidden Defect Warranty

Recovering from an automobile collision is already a difficult journey. Sometimes physical recovery does not occur in a straight line, and intermediate accidents can complicate the process. This was especially true for Alexandria resident Mr. Maricle.  During his recovery from injuries due to a car crash, Mr. Maricle sustained further…

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Louisiana Court Holds that Medical Records Can Counter Expert Testimony and Bar Summary Judgement

Courts often rely on motions for summary judgments to avoid the costly and time-consuming reality of going to trial and presenting a case in front of a jury. Motions for summary judgment are when one party asks the court to decide the case based on the current facts alleged in…

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Persistent Lawyering Stops Insurance Company From “Second Bite at the Apple” in Mississippi Car Wreck

Nothing is more tragic than the loss of life. However, that loss can be tempered somewhat if insurance is in place that provides some financial compensation. While money cannot substitute for the loss of love and companionship that a spouse gives, it can at least provide some help with the…

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The Cost of Litigation is in the Court’s Discretion in Louisiana

The lawsuit process can be expensive between investigation, preparation for trial, and the trial itself. This is on top of the emotional rollercoaster of events that have given rise to a lawsuit in the first place. Unfortunately, sometimes a plaintiff may lose at trial and be hit with all the…

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Louisiana Jury Awards No Damages Because of Preexisting Injuries, Can an Appeals Court Fix the Ruling?

Everyone wants to emerge victorious after their day in court, but occasionally the jury will refuse to award the judgment you deserve. When a person loses their case at trial, they can appeal it to a higher court.  The appeal process allows for a narrow reconsideration of a case to…

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Trial Court Judgment Amended in Baton Rouge Workplace Incident, Shows Importance of Diligent Lawyering

Court cases are contentious, polarizing atmospheres between the parties. Stubbornness is ripe, and the opposing parties are staunchly in, unsurprisingly, opposition. However, sometimes even opposing parties can agree. Any party can take issue with a court’s judgment, and sometimes ALL parties can take issue with a court’s decision–even if these…

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Court Deadlines Are Important, Especially in Federal Court

Before taking on one of the nation’s largest, leading automotive manufacturing companies, it is essential to consult an excellent attorney with knowledge of the Federal Court system.  The importance of following the deadlines set by the Court in that system cannot be understated. Unfortunately, the lesson of how critical it…

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New Orleans Car Accident with Out of State Insurance Policy, Which State’s Laws Apply to the Lawsuit?

Automobile insurance claims are complex enough, as it is unlikely that all parties involved will immediately agree on a settlement amount. These claims become even more convoluted when there are questions as to what state law should apply or when the insured isn’t fully aware of what his policy entails.…

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Three-Year Rule Applies to Worker’s Compensation Claims for Necessary Treatment

Timing is an important part of claiming worker’s compensation in Louisiana. Louisiana R.S. 23:1209(C) requires that: The employee files an initial claim or makes other suitable arrangements within one year of the injury; and The employee makes any subsequent claims no more than three years after the last payment of…

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