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Articles Posted in Negligence Claims

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When Coworkers Attack: Negligence Claims for Intentional Workplace Injuries

An employee injured at work while performing the functions of her job is generally entitled to worker’s compensation. But what about a worker injured on the job by the intentional act of a fellow employee? An action for recovery due to employer negligence could be a better option. Louisiana worker’s…

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Allocating Damages in Wrongful Death Cases: Navigating the High Standard of JNOV Motion

Allocating damages in a wrongful death case is challenging because putting a price on a life is hard. Therefore, if a family in a wrongful death case feels the jury abused its discretion in calculating that monetary value, then the family can resort to a motion for JNOV to try…

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Underlying Medical Conditions, Can You Claim Res Ipsa Loquitur in a Lawsuit?

You think that when you’re being taken care of by hospital personnel, you are in safe hands and do not have to fear for your safety. However, if you are injured when being moved from a hospital cart to your bed, can you claim negligence based on res ipsa loquitur?…

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What Happens When There is More Than One Claim to a Deceased’s Property?

Losing a loved one is hard enough. What happens, however, when multiple people claim they have a right to the same property the decedent owns at the time of their death? Cases involving multiple parties and claimants can get tricky, especially when one claimant was the decedent’s spouse and the…

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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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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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Can I Recover under the Jones Act if Rough Seas Cause a Back Injury

Large waves and rough seas make boat travel a harrowing experience. But what happens if you are at work and fall out of bed during those stormy seas? Is the captain or company you work for liable under the Jones Act?  The following case out of Louisiana helps answer the…

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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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