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Louisiana Personal Injury Questions & Answers
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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.

1 Answer | Asked in Animal / Dog Law, Personal Injury and Immigration Law for Louisiana on
Q: Can I sue if I was bit by a dog where I was working in exchange for room and board? The injury later caused an absess

The absess was staph and another worker had staph there. I was hospitalized for a week and was bed ridden for 6 weeks. In addition I am also an undocumented immigrant from Canada. I moved to the USA on a 3 year work visa and overstayed 10 years ago. I've resided In USA for 13 years. I lost... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 30, 2020

I think you mean that you were bitten 23 Nov 2019, not 2020. Did you have pasturella or staph? Go get a certified copy of your medical records and bill and hire a personal injury lawyer no later than 23 Oct 2020.

1 Answer | Asked in Personal Injury and Medical Malpractice for Louisiana on
Q: I'm looking to see what can be done. I received a circumcision in 2018 and I am having trouble due to the surgery.

The Dr was unable to complete the procedure in his office due to the anesthetic not being strong enough. This left me having to go to the emergency room to scope my urethra because it collapsed during the procedure. I then had to have a catheter put In and sent home for a over a week with this... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 4, 2020

You have until 365 days after date of discovery but no more than 3 years after the malpractice occurred. So get to a medical malpractice lawyer quickly.

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... View 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... View 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... View More

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

File a criminal complaint. Then call an employment attorney.

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