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Long Term Disability / Life /
Accidental Death / ERISA

Our past years of representing insurance companies taught us a thing or two about how they work behind the scenes. Let our experience work for you.

Elements of a Negligence Security Case in Louisiana

Too many people are hurt in accidents that could have easily been prevented if someone else had been a little more careful. If this has happened to you, you may consider filing a Louisiana personal injury lawsuit. Before you do this, it may help to familiarize yourself with Louisiana negligence laws.


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Receiving a bill should never be the first step in getting help. Our firm knows that when dealing with an ERISA, long term disability or insurance claim, what you need is answers, and we are here to provide them free of charge.

Our firm welcomes telephone calls or the opportunity to visit with you in person to answer any questions you may have. We also provide FREE comprehensive case reviews. There is no obligation to hire us as your ERISA attorney.

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Too much is at stake to guess about the best approach and strategy for fighting your denied insurance claim — years and years of financial security.

After spending years representing insurance companies, we don’t guess. We know their playbook and how they work behind the scenes. Using that knowledge, we’ve developed our own Clear Advantage Process for fighting claims.

It’s personally satisfying to use what I’ve learned as an insurance company insider, now for the good — helping families reverse unfair denials of insurance benefits they paid for, need and deserve.


About J. Price McNamara

Price McNamara began his law practice in 1990 representing insurance companies.

In 1995, Mr. McNamara founded McNamara Law Offices, where he represents people across the U.S. who are wrongfully denied long-term disability insurance, life insurance, and accidental death insurance benefits, with special focus on ERISA claims and lawsuits.

His is a member of the Louisiana and Texas Bars, with office locations by appointment only in Baton Rouge, Metairie, and Houston. He lives in Baton Rouge, Louisiana with his wife and their three children.

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Duty in Louisiana Negligence Laws

The concept of duty plays an important part in Louisiana negligence laws. Duty is defined as one person’s responsibility to be considerate of the safety of others. For example, a driver has to take precautions to ensure that he or she does not hurt someone else while driving by following Louisiana traffic laws.

Let’s say that you were crossing an intersection with the right-of-way, only to be hit by a speeding car. In this case, the other driver can be said to have failed to do his or her duty. This is called a breach of duty. The judge will usually determine whether or not a person has duty in a Louisiana personal injury lawsuit.




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Baton Rouge Office

10455 Jefferson Hwy,
Suite 2B
Baton Rouge, LA 70809
Phone: (225) 201-8311
Fax: (225) 201-8313
(By Appointment)

New Orleans Office

4141 Veterans Memorial Blvd.
Suite 212
Metairie, LA 70002
Phone: (504) 458-8455
Fax: (225) 201-8313
(By Appointment)

Houston Office

363 N Sam Houston Pkwy E
Ste 1100 PMB, #114
Houston, TX 77060
Phone: (713) 439-0339
Fax: (225) 201-8313
(By Appointment)

Proving your Injuries in a Louisiana Negligent Security Lawsuit

Of course, you still have to prove that your injuries are the fault of the other party. To continue with the traffic example, the driver might claim that you were driving through a red light, thus violating traffic laws. He or she might argue that you brought the injuries upon yourself by going through a red light.

You know that this didn’t happen, but the court needs proof that the collision happened the way you described it. This is why you need the help of a good Louisiana personal injury lawyer.

Proximate cause is another issue of which you should be aware. Proximate cause limits the scope of your lawsuit to injuries that the defendant could have foreseen happening through his or her own actions.

For instance, say that you took your car to an auto shop after the accident, seeking to get it repaired. While there, you slipped on a grease-covered walkway and hurt yourself. This could not be considered the fault of the offending driver, since there is no way he or she could have predicted this happening, even if he or she was indirectly responsible.

This is something to keep in mind when filing a personal injury claim. An accident like the hypothetical one at the auto shop may constitute a different lawsuit, but should not be accounted for in the original Louisiana negligence case.

Finally, you also need to be able to prove that the accident caused actual property damage or physical injury. Someone behaving irresponsibly is not usually sufficient for the court to justify a lawsuit, unless damages or injuries occurred as a direct result.

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