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03/06/2013     Types of Product Liability Claims in Louisiana
If you were injured by a product you used, you may have a claim against the manufacturer of that product. In Louisiana, a specific body of laws exists that apply to such claims, known as the Louisiana Products Liability Act.
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03/04/2013     Claim Investigations Are Often Not What It Seems
When a person is involved in an accident resulting in injuries and subsequently reports the accident and injury to an insurance company, they typically do so with the expectation that they will recover the value of damages they suffered from the insurance company. However, the insurance company often will ask for a list of information or documentation from you before any decision is made about paying your claim. Some of this information is necessary in order to adequately investigate the claim. The insurance adjuster will need to know how the accident happened in order to confirm that their policy covers the accident and make their own determination of fault (which should be taken with a grain of salt), and you will need to provide documentation of your medical treatment related to injuries sustained in the accident.
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02/28/2013     Injuries on the Job Can Mean Multiple Legal Claims Against Different Parties
When you are injured on the job, you can bring a workers’ compensation claim against your employer, and sometimes you can also bring a separate claim against a third party who caused or contributed to your accident if that individual or company is not your employer. In a workers’ compensation claim against your employer, you don’t have to prove anyone was at fault for the accident, rather only that you were injured on the job and cannot work because of your injuries; but, also you do not have a right to recover what is known as general damages, that is, pain and suffering, loss of enjoyment of life, etc. On the other hand, if your accident was caused by the actions of a person who is not your co-employee or a company that is not your employer, you may have a right to additionally recover those general damages and other potential damages from that person or company.
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02/25/2013     Key Question to Prove Liability When Injured on a Premises
Most premises accidents and injuries occur by a “slip and fall” or “trip and fall”, although many other causes of injuries can occur on a premises (for example, falling merchandise or debris, lack of proper security, etc.). If you have been injured in a slip and fall or trip and fall accident, and if you already made a claim against the premises owner or manager (or their insurance company), your claim was likely denied. How do I know that? One of the key legal elements necessary to prove liability (or fault) is somewhat vague, which can lead to wide interpretations as to whether any fault exists. Of course, the premises owner or manager and their insurance company use this to their advantage rarely accepting fault even when it seems obvious.
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02/25/2013     Key Question to Prove Liability When Injured on a Premises
Most premises accidents and injuries occur by a “slip and fall” or “trip and fall”, although many other causes of injuries can occur on a premises (for example, falling merchandise or debris, lack of proper security, etc.). If you have been injured in a slip and fall or trip and fall accident, and if you already made a claim against the premises owner or manager (or their insurance company), your claim was likely denied. How do I know that? One of the key legal elements necessary to prove liability (or fault) is somewhat vague, which can lead to wide interpretations as to whether any fault exists. Of course, the premises owner or manager and their insurance company use this to their advantage rarely accepting fault even when it seems obvious.
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02/21/2013     Federal Regulations Require Truck Drivers to Undergo Drug/Alcohol Testing Following Some Accidents
Most truck drivers, i.e., drivers of 18-wheelers, tractor-trailers or other commercial trucks are governed by the Federal Motor Carrier Safety Administration. This agency sets rules and regulations that apply specifically to the operation of most trucks involved in interstate commerce. Literally, an entire book of regulations have been set forth primarily for the purpose of creating greater safety on the roads for the general motoring public, as well as other truck drivers.
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02/20/2013     Property Insurers Liable for Penalties and Attorney Fees for Not Paying Claims Properly
In Louisiana, awards of penalties and attorney fees are not common occurrences. These types of awards are available only when allowed by specific statute and are reserved for egregious cases to deter specific types of wrongful or unfair conduct.
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