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Louisiana Personal Injury Questions & Answers
2 Answers | Asked in Contracts and Personal Injury for Louisiana on
Q: Is mediation considered a court case in any way, shape or form.

My P.I. lawyer is charging me 40%, because he states mediation is litigation and litigation is a court case. My contract clearly states 33%, if we have to go to court 40%.

I was rear ended and my life, past since, current and future has been drastically changed in all ways. Nowhere in the... View More

Wade Thomas Visconte
Wade Thomas Visconte
answered on Nov 20, 2021

The Louisiana Bar Association has a program that you can choose to use if there is a fee dispute. There may he a provision in your contract that provides y'all will use that program if there is a fee dispute.

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2 Answers | Asked in Personal Injury and Car Accidents for Louisiana on
Q: The judge ruled in favor of the summary judgement for the defendent, how do I object to it
Wade Thomas Visconte
Wade Thomas Visconte
answered on Nov 19, 2021

You don't object to it. Your recourse is to take an appeal if it is designated as a final judgment that either partially or completely disposes of the case.

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2 Answers | Asked in Personal Injury for Louisiana on
Q: I need an attorney to propose a settlement to my law suit in federal court in Louisiana

The federal judge set a court date in Jan. 22, and wants to move the case along. I just want to be done with it and settle for as much as you think we can get. I can either pay you byy the hour or one forth of what we get, your choice.

Wade Thomas Visconte
Wade Thomas Visconte
answered on Nov 11, 2021

You will need to provide more details if you hope to find a lawyer to take your case. However, I think your proposal of an attorney taking your case on an hourly basis or 1/4 is unrealistic. Federal cases require a much higher standard of practice usually than state court due to strict deadlines... View More

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1 Answer | Asked in Contracts, Personal Injury, Civil Rights and Medical Malpractice for Louisiana on
Q: In Louisiana during CEC inpatient, can a Doctor violate the directive of a Med POA and administer Abilify Maintena?

We knew in advance of an ER trip that medications were inducing hallucinations for my significant other (S.O.), after stopping them twice in a week by stopping the medications. S.O. was ignored by hospital, PEC'd to a mental health facility, who ignored the claims, then CEC'd. Facility... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Nov 1, 2021

You should have gotten your own expert psychiatrist that you could now call to intervene.

1 Answer | Asked in Personal Injury for Louisiana on
Q: If it’s a family settlement do all family members have to sign their documents before the money can be disbursed?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Oct 30, 2021

The defense attorney may have made an in globo settlement offer.

1 Answer | Asked in Criminal Law, Personal Injury, Traffic Tickets and Car Accidents for Louisiana on
Q: Is intentionally intimidating pedestrians within a crosswalk assault?

I live in New Orleans, and often when I'm walking within a clearly marked crosswalk, vehicles will slow down just enough so that they could brake hard to avoid hitting me if I keep walking but are clearly maintaining enough speed to try to intimidate me into not continuing on. Isn't this... View More

Tim Akpinar
Tim Akpinar
answered on Oct 21, 2021

A Louisiana attorney could answer best, but your question remains open for two weeks. Assault can be both a civil offense and crime. Under common law tort principles (not state-specific, but GENERAL principles), one could argue assault in the civil sense in terms of placing one in fear of imminent... View More

1 Answer | Asked in Personal Injury and Landlord - Tenant for Louisiana on
Q: Ins inspectors entered my apt,I was in the shower, door open,clear I was home; they did an inspection;who's responsible?

My damages are severe because I have had to see my psychiatrist to increase my meds and relive trauma with my therapist. I now feel they are retaliating because they stated they were doing a 2nd inspection and took pictures of my apartment. Brought 2 people so I could not possibly monitor both of... View More

Tim Akpinar
Tim Akpinar
answered on Oct 12, 2021

A Louisiana attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. You could reach out to local firms to see if they would offer a free initial consult. Despite the distress this caused for you, you'd want to know if it's something that a... View More

1 Answer | Asked in Personal Injury for Louisiana on
Q: I’m not sure what kind of lawyer I need. I’m suing my university for slander and emotional trauma.

Loyola University sent out an email insinuating that the bartenders at TJ Quill’s are serving college kids roofied drinks. This statement was made before the official police raid and investigation began at TJ Quills. I, along with three other fellow students, are 4 of the 12 bartenders that work... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 12, 2021

Contact a personal injury attorney in your area--anyone you contact ask for his experience with defamation cases specifically.

1 Answer | Asked in Consumer Law, Personal Injury and Products Liability for Louisiana on
Q: Can I sue my job for selling an item that had peanut being displayed as a normal cookie?

NVM

Tim Akpinar
Tim Akpinar
answered on Oct 5, 2021

A Louisiana attorney could advise best, but your question remains open for two weeks. Your post does not indicate that you suffered damages. If you did not sustain injury, there would not be a basis for you to sue. Having standing to sue would require injuries. And if you did suffer injury, it... View More

1 Answer | Asked in Car Accidents and Personal Injury for Louisiana on
Q: Is it legal for a company to fire you from your job And hold your paycheck after you have been in a vehicle accident

I was the driver. The rest of the passengers had 2 days off with pay and i was fired and they held my paycheck in retaliation. Everyone eles received there paycheck / direct deposit

I was cited for unsafe lane change but giving the fact that traffic lights and street signs were not working... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Sep 26, 2021

You need an employment attorney.

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... View 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... View 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... View 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... View 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... View 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... View 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.... View 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... View 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... View 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.... View 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?... View 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.

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