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Louisiana Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury and Domestic Violence for Louisiana on
Q: How do I sue someone who hit me with a weapon and caused bodily harm
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 14, 2021

File a claim with your justice of the peace.

1 Answer | Asked in Personal Injury for Louisiana on
Q: If we have used these products and daughters skin and is now allergic formaldehyde. My son is loosing his hair @24

Can we be compensated for this

Douglas Lee Bryan
Douglas Lee Bryan answered on Jul 9, 2021

There are several lawsuits seeking class certification pending now involving products that either used formaldehyde or formaldehyde-releasing agents in them. It's certainly possible that the products your family have used may be included in at least one of the suits. An attorney who handles... Read more »

1 Answer | Asked in Personal Injury for Louisiana on
Q: can a health care worker taking care of your mother at her home slips and fall at her home while taking care of your mom

health care worker slips and fall at moms house while taking care of my mother is this workmen's comp or home owners ins

Randy Bryan Ligh
Randy Bryan Ligh answered on Jul 2, 2021

More facts are needed but it could be both depending on the relationship(s) but here are the basics: If the worker is a employee of the company (as opposed to a contract worker), then the worker should have a workman's comp claim against his employer. Additionally, the worker might have a... Read more »

3 Answers | Asked in Employment Law, Libel & Slander, Personal Injury and Traffic Tickets for Louisiana on
Q: My former employer accused me of stealing 1000.00 dollars. I did not do this and can prove it.

My former employer accused me of stealing a thousand dollars. I did not do this. I was asked by him if I would take a polygraph and I said yes. I waited to hear from him and did not. 3 months later I am riding with my boyfriend and he gets pulled over and he was told that they was looking for me to... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Jun 23, 2021

You should speak with an attorney to discuss your rights regarding the unpaid wages. There are specific laws that regulate the time within which an employer must pay you. After the alleged theft issue was resolved, he may not be able to claim that as a defense. At the very least, you should... Read more »

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2 Answers | Asked in Personal Injury, Civil Litigation and Medical Malpractice for Louisiana on
Q: My parents won a large settlement on my behalf from when I was a child and they never told me about it.

In 1985, a suit was filed in the 15th judicial district, Lafayette, La. It doesn’t say what the outcome was. I know I had a mutual fund that was demutualized I was told. I was also told that a $21,000 check was mailed to me a few years ago but I wasn’t the one to receive it. Any assistance... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 1, 2021

Also check unclaimed money under State of Louisiana--if they mailed you a check and no one got it the money might be sitting there. Even better, find out from the court who represented you--what attorney. They should be able to tell you the details.

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1 Answer | Asked in Landlord - Tenant, Personal Injury and Civil Rights for Louisiana on
Q: I was injured during the ice storm after being unlawfully evicted from our residence.

This is kind of a two part question. One is what I would call an unlawful eviction and the other is that I injured myself while being forced to vacate our home during the ice storm. On Feb 4th 2021 the Marshall posted on the premise a notice for use to be in court on Feb 11th. He never knocked on... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 18, 2021

A Louisiana attorney could advise best, but your post remains open for four weeks. I'm sorry for your ordeal and your injuries. At this point, your best option might be to reach out to local attorneys to discuss. You could use the link above (Find-a-Lawyer), or you could search on your own.... Read more »

3 Answers | Asked in Personal Injury for Louisiana on
Q: I have an on the job injury, do I go to the clinic and likely submit to a drug screne
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 4, 2021

If you want workers compensation, then hire a lawyer and go for the exam

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1 Answer | Asked in Personal Injury and Products Liability for Louisiana on
Q: A store sold us 3 month old expired milk which made me and my daughter sick. I had to bring her to the ER. Options ?

We bought several individual Fairlife Milks from a local convenience store yesterday morning. I drank 1, my daughter had 2 one about 11am and another at around 6pm. My stomach was hurting all day after I drank the milk. But it tasted fine so I took some pepto. My daughter on the other hand has to... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 25, 2021

Hire a personal injury lawyer. Save your receipt and the containers.

1 Answer | Asked in Criminal Law, Education Law, Federal Crimes and Personal Injury for Louisiana on
Q: Can I sue a local school district for poisoning my food as a child? I might have proof of substance abuse.

Well, as a child growing up, I really didn't have too much serious health issues in which alerted me even more. My dreams were to be an athlete and play in the percussion section in my school Band. My basketball ball dreams were crushed not only because how expensive the gear and fee's... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 10, 2021

A Louisiana attorney could advise best, but your question remains open for three weeks. As a general observation, based on your description, it looks like it would be a difficult case. You're talking about gastrointestinal and muscle spasm symptoms, some of which were of a fleeting nature.... Read more »

1 Answer | Asked in Personal Injury for Louisiana on
Q: I have a question about this ccp 1464. Specifically, the article uses the word notice twice.

It is clear that the party has to give notice to the person to be examined. ("upon notice to the person to be examined")

But the line right above it - says

...."provided the party has given notice of intention to use such an expert"

What does this mean?... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 8, 2021

This is an IME statute which applies to personal injury, interdiction and family law cases.

1 Answer | Asked in Personal Injury, Civil Rights and Medical Malpractice for Louisiana on
Q: During an emergency room visit I was administered a shot that I verbly refused. How do I file a complaint or lawsuit?

During the visit 3 police officers were in the room and observed the negligence of the staff. It aslo was all recoreded on officers body camera.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 20, 2020

What damage did the shot cause?

1 Answer | Asked in Legal Malpractice, Criminal Law, Personal Injury and Municipal Law for Louisiana on
Q: What Are The Legal Definitions Of Self Defense And Of Lex Talonis?

Dixon

E. Alexander Laird
E. Alexander Laird answered on Aug 23, 2020

In Louisiana, a person has a a right to use force to prevent imminent injury. But the force must be reasonable and apparently necessary. You do not have a duty to retreat.

You must also not be the initial aggressor in the confrontation.

1 Answer | Asked in Personal Injury and Traffic Tickets for Louisiana on
Q: who would be financially responsible for the damages

I have a car registered in my name I don't carry insurance on it and it has a expired tag if someone else drives that vehicle and has a wreck who would be financially responsible for damages? me or the person driving? I live in louisiana if that matters

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 23, 2020

Both of you would be liable. You for negligent entrustment & failure to maintain the vehicle. Driver for negligent operation.

2 Answers | Asked in Personal Injury and Civil Litigation for Louisiana on
Q: As a witness would a recorded over the phone deposition be void if never sworn in and only talked to lawyer
Stephen Rue
Stephen Rue answered on Jun 28, 2020

The question s too vague to be answered to your satisfaction. Do you have a lawyer, if so talk to your lawyer. If not call a lawyer with more information.

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1 Answer | Asked in Personal Injury for Louisiana on
Q: My daughter's mother took our child and kept her hid from me for 40 years, what can I do to her?
Stephen Rue
Stephen Rue answered on Jun 20, 2020

I’m not aware of snytt try hung that you can do. Perhaps other attorneys have better answers. Sorry to hear if your situation.

3 Answers | Asked in Car Accidents and Personal Injury for Louisiana on
Q: What I need to do now since the driver who side swipe my truck and me didn't have ensurranse
Stephen Rue
Stephen Rue answered on Jun 13, 2020

It’s important to always carry insurance and see if you can afford Uninsured Motorist Insurance too. That will not help you now but may in the future. Call an attorney and see what your options are.

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1 Answer | Asked in Personal Injury for Louisiana on
Q: If my children father has been out of work due to work injury can we sue also on the kids behalf?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 4, 2020

No but he can seek lost wages

1 Answer | Asked in Car Accidents, DUI / DWI and Personal Injury for Louisiana on
Q: Recieved a DWI with that i totaled out my son car.I had to get screws and plate put in my left hand due to accident.

Can I sue the insurance company for my injuries.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 24, 2020

You already asked this question.

2 Answers | Asked in Car Accidents and Personal Injury for Louisiana on
Q: I went out drinking and totaled my sons car.I also had to have surgery on my hand. Can i sue the insurance company?

Car was paid for he got blue book value.But my hand I had to get screws put in my hand

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 24, 2020

I'm assuming you got a DWI? If not, you can sue your son and his insurance company. Watch his rates sky rocket.

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1 Answer | Asked in Personal Injury, Car Accidents and Probate for Louisiana on
Q: In a Superseding and Amended Petition, does the Plaintiff have to state everything that is in the original petition, or

or just the changes being made?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 24, 2020

An attorney needs to look at both documents to tell you.

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