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Articles Posted in Litigation

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What kind of Evidence is Needed to Prove Future Medical Benefits in a Medical Malpractice Lawsuit?

After a medical malpractice-induced injury, patients may need significant awards of damages to cover the expenses of a resulting disability.  A case in Shreveport shows how to present substantial evidence of an ongoing need for care. It also helps answer the question; What kind of Evidence is Needed to Prove…

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When Can a Client Sue Their Former Lawyer?

Negligent lawyers can get themselves into hot water by retaining confidential client documents. Often, this violation of professional responsibility will result in a malpractice suit.  The more egregious behavior, the more intensely the lawyer may find themselves being litigated against. For example, in the following appeal, a lawyer is sued…

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Can a Litigant Exclude Evidence in a Car Accident Lawsuit?

Imagine being on a jury – everything you hear has gone through a process of admittance to be used as evidence during the trial. What the jury is told often plays a role in what the jury thinks of the parties and how it assigns blame amongst them. The following…

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How Does a Pre-Existing Injury affect your Workers’ Compensation Claim?

When people are injured at work, they expect to be compensated for an extended period. However, worker’s compensation can be hard to recover. So how does a pre-existing injury affect your workers’ compensation claim? The following lawsuit from Metairie, Louisiana, helps answer this question.  Sharon Mangiaracina suffered a work-related injury…

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A “Stay” of a Federal Suit May Have Far-Reaching Impacts for Prescription Purposes

Personal injury cases can often drag out for years in a confusing manner. This is especially true when there are disagreements about the proper venue and subject matter jurisdiction. A recent appeal discussed below tackles the challenges of dismissal of actions due to a lack of jurisdiction and the timing…

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When do you Need your Doctor’s Testimony to Win your Workplace Injury Lawsuit?

When injured on the job, your doctor knows best until you get a second opinion. While your primary care doctor may advise you to recover instead of resume working right away, if you get a second opinion that finds you capable of working, that second opinion can trump your primary…

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When Does the Date of Disability Start for a Workers’ Compensation Claim?

When you are injured on the job, it’s not always your employer’s or fellow employee’s fault. If you are injured while working by a third party, there are rules to follow when settling your claims. Following those guidelines is important because if you don’t, you may alter the workers’ compensation…

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Can a State Fire Marshall be liable for Inspector Negligence in a Wrongful Death Lawsuit in Louisiana?

People rely on public services daily, from fire departments to police officers. But what happens if a public entity is responsible for an injury? Can they be held liable for negligence? A recent case out of Grand Isle, Louisiana, shows how public entities can be shielded from liability for negligent…

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What do I need to Prove for A Slip and Fall Lawsuit in Louisiana?

If you are walking down the aisle of a store and fall and injure yourself, you may think you have a winning lawsuit. However, that is not always the case. A recent lawsuit out of Gretna, Louisiana, establishes what a plaintiff needs to prove when filing a slip-and-fall lawsuit in…

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Utility Ground Hole Fall Lawsuit Fails on Lack of “Constructive Notice”

If you fall into a utility box with no cover, one would likely think they can recover for the damages they endured. However, in Louisiana, lawsuits aren’t as easy as you think. For example, is a company responsible for the utility box if it didn’t have “constructive notice” the ground…

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