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Louisiana Personal Injury Questions & Answers
2 Answers | Asked in Personal Injury for Louisiana on
Q: Does the bar security guard has the right to body slam a female in the public street when she's not on there property?

The female was leaving the bar and two female jumped her and she was trying to fight back but they was the altercation was in the street not on the bars property. The guard picked the female who was getting jumped up off her feet and slammed her to the ground and laid on top of her telling to shut... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 16, 2020

Take pictures of the injuries, get certified copies of the medical records and find a personal injury attorney who takes premises liability cases.

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1 Answer | Asked in Legal Malpractice, Personal Injury, Real Estate Law and Civil Rights for Louisiana on
Q: I need help I am not able to drive or walk down la trace rd to my home how can this be legal

Nabors will not give me access to my property on la trace rd passed his house I need help

Douglas Lee Bryan
Douglas Lee Bryan answered on Feb 5, 2020

You should seek the help of an attorney who handles property matters to determine if you have a servitude (or right of passage) across your neighbor's property. If so, that attorney can help you enforce your rights. Good luck

1 Answer | Asked in Personal Injury and Car Accidents for Louisiana on
Q: If your settlement is 100,000 and you pay 1/3 percent and 2/3 percent out of the 100,000 how much should be left.
Tim Akpinar
Tim Akpinar answered on Jan 29, 2020

This is something you need to discuss with your attorney in Louisiana, but your post remains open for a week. If your settlement is $100,000 and you pay 1/3 (presumably for attorney fees), the remainder would 2/3 of $100,000, or $66-plus thousand dollars. But you really need to speak to your... Read more »

2 Answers | Asked in Personal Injury for Louisiana on
Q: Can a personal injury settlement be withheld from the lawyer that’s representing the case and if so how does that go

And dose the insurance company obligated to pay out the leanholder Ordovician they have to pay it to the attorney first

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 17, 2019

Can't understand your question

Call an attorney.

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2 Answers | Asked in Personal Injury for Louisiana on
Q: Can child support intercept a personal injury check from the insurance company before it’s paid to the attorney or do

Or do they have to pay it to the attorney first

Douglas Lee Bryan
Douglas Lee Bryan answered on Dec 17, 2019

In most cases, back child support would be treated as a lien, requiring that that the State (or whomever is collecting) to be included as a payee on the check. In that case, it would go to the attorney to distribute the funds and honor the lien.

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1 Answer | Asked in Personal Injury, Products Liability, Federal Crimes and Juvenile Law for Louisiana on
Q: Found out my unlicensed brother gave my questions year old minor son at least 5 tattoos. What can I do legall
Peter N. Munsing
Peter N. Munsing answered on Dec 10, 2019

if your son was under age, technically your brother committed an assault. You need to take the youth to a dermatologist for starters. You can also sue him but if he doesn't own much that may not get you anywhere.

2 Answers | Asked in Personal Injury for Louisiana on
Q: Can a job write you up for a accident if you are not at fault
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 22, 2019

You need to repost this question under employment law.

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1 Answer | Asked in Employment Law, Personal Injury, Workers' Compensation and Civil Litigation for Louisiana on
Q: Can I sue employer for attack by co worker which lead to my termination after I reported prior incidents

I had a co worker try to choke me which lead to us wrestling. I was then told I’d be terminated based on a 0 violence policy so I asked if I could resign instead so this wouldn’t be on my employee record but I reported the coworker aggressive behavior 3x prior on 3 separate occasions and asked... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 2, 2019

File a criminal complaint. Then call an employment attorney.

1 Answer | Asked in Personal Injury for Louisiana on
Q: my daughter had a slip and fall we contacted a lawyer who had us sign up with him he took the case it has been a year?

she has been to several doctors they have sent the lawyer a demand letter/ and as of aug 24 2019 we advised we are ready to settle, but speaking to him today he said they have not responded to anything how long do we wait before I get impatient and isn't it a timely if we need to go to court

Tim Akpinar
Tim Akpinar answered on Oct 9, 2019

These are all things you need to discuss with your lawyer. You may have expressed your readiness to settle, but that doesn't necessarily mean the other side wishes to settle. If your lawyer sent a demand letter and has not received a meaningful response, there are a couple of things that might be... Read more »

1 Answer | Asked in Personal Injury for Louisiana on
Q: My Son was injured at school On purpose by another student. My wife and I were not notified about the occurrence?

He came complaining of dizziness and pain. Took to ER and said had a mild concussion? Spoke with school nurse who looked at him , she said he looked fine so she “just brushed it off”.

Is this considered negligence? What type of lawyer would handle a case like this?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 7, 2019

You have a case against the parents of the other child and against the school board for personal injury. Get certified copies of the ER records and hire an education attorney.

1 Answer | Asked in Personal Injury for Louisiana on
Q: Once a settlement agreement has been reached on a minor injury case that was settled out of court how long does the ins

The insurance company have to have a judge sign and issue payment to the parent.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 13, 2019

30 days after notice of judgment to pay.

1 Answer | Asked in Personal Injury and Real Estate Law for Louisiana on
Q: What rights do I have to make a neighbor cut trees struck by lightning and large branches are falling on my land?

These are huge pine trees that are more than 50 feet tall which could also damage my home or injure my family especially considering hurricanes and other excessive storm conditions. Am afraid to cut grass in my yard as twice branches more than 5 inches in diameter have fallen onto my property. I... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 5, 2019

File suit in juju justice of the peace court and take pictures and print them.

2 Answers | Asked in Personal Injury for Louisiana on
Q: If a case was settled and paperwork finished, can my lawyer come back and ask me for money for further expenses?
Peter N. Munsing
Peter N. Munsing answered on Aug 24, 2019

Unlikely but it could depend on the circumstances--what the case was, what the agreement said. Ask him in writing why he thinks you owe for something after the case is over. Then take his answer to the state bar and ask them--they have a "fee dispute resolution committee"

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1 Answer | Asked in Family Law, Personal Injury and Real Estate Law for Louisiana on
Q: Pool is 15 feet from door of home fenced 1 side carport other open completely one side , 7 year old plays around pool

My son live with his mom the pool is directly out door used. Basically the house and carport take 2 sides fence back aways but on one side a fence one side is completely open. My son is 7 he rides his bike around pool, plays around pool its a on going argument. I say its unsafe is it even legal?... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 23, 2019

Put him in swimming lessons immediately.

1 Answer | Asked in Personal Injury, Estate Planning and Probate for Louisiana on
Q: Can I reopen a case of my father's accidental death that my sister took place in and never included her other siblings?

She settled the case and brought us a check for $125 and said that's what the lawyer said we come out with, but we never once met up and talked with him for anything. Now my sister is living (Like The President) comfortably, with no explanation on how she's gotten all this money... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 16, 2019

I have no idea how long ago your father died, how long ago you got the check, in which parish the claim/suit occurred, whether it was fraudulently asserted there were no other heirs. You need to hire a civil attorney, answer many questions, for which you haven't supplied information, find out if... Read more »

1 Answer | Asked in Personal Injury and Traffic Tickets for Louisiana on
Q: I was sent a subpoena from an insurance company from an accident case back in 2016 that was dismissed should I still go

Case went to court in 2017 dismissed in 2018 talked to my insurance company and lawyer said they said they don't understand why they are sending anything when the case is done. This is the second subpoena they have sent this year. The first one I was told was cancelled and I didn't have to go.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 26, 2019

Hire a traffic court attorney to get the warrant or attachment recalled.

3 Answers | Asked in Personal Injury, Car Accidents and Wrongful Death for Louisiana on
Q: I need advice on what to do next. My husband was killed in a hit&run in Rayne, LA May17, 2019. I'm lost, need help.

I sent a question early this morning & was asked where the hit & run took place. It was Rayne, LA. I can't get anyone in that parish to release any info to me. He is not listed as an inmate, yet I can't even get the name of his insurance or his toxicology report. I'm disabled & I feel he or his ins... Read more »

Sye J Broussard
Sye J Broussard answered on Jun 14, 2019

I am sorry for your loss. If we have your husband’s name and the responding law enforcement agency, we can get a copy of the police report to utilize to file a claim with the responsible party’s insurance company to hold them accountable.

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3 Answers | Asked in Personal Injury and Wrongful Death for Louisiana on
Q: May 17,2019, my husband was killed in a hit & run accident while riding his bicycle. Who do I contact to know my rights?

He was on a bicycle. The driver fled, but was arrested later that day. Can I sue his insurance for burial fees & pain & suffering? This was in Louisiana, on May 17,2019.

Rahlita D. Thornton
Rahlita D. Thornton answered on Jun 14, 2019

So sorry for your loss. As a cyclist myself I am concerned. I’ve worked with attorneys there on serious accidents. What city did this occur? I may be able to direct you. You should be able to get payments from his insurance.

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2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Domestic Violence for Louisiana on
Q: If I left my belongings at my ex girlfriend's house...and now she wont give it back...what can I do to get my things?

She says she dont have them and that I took them with me...but I didnt...the clothes are my companies not mine...the rest she can have

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 8, 2019

Your only recourse is justice of the peace course or suck it up and buy new uniforms.

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2 Answers | Asked in Personal Injury and Insurance Bad Faith for Louisiana on
Q: Just had my forma pauperis statis accepted on a suit for over 100000 do i ask for hearing to obtain evidence now

How do i file for trial

Douglas Lee Bryan
Douglas Lee Bryan answered on Jun 3, 2019

You should consult with an attorney to represent you.

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