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If you have been involved in a Louisiana car, automobile, or motor vehicle accident, you have a personal injury case if:
In Louisiana auto accident cases, it must also be shown that the other driver is "at fault" for the accident that causes physical injury, property damage, and/or emotional injury. Even if the victim is partially at fault for the accident, under Louisiana law, the victim still has a claim for compensation. Louisiana is a comparative negligence state, so the victim is entitled to recover damages based on the percentage fault of the other driver. For example, if the other driver (or another at-fault party) is 90% to blame for the accident and resulting injuries/damage, then the victim recovers 90% of the total dollar amount of the injuries/damages. But how do I know who is at fault? Sometimes, the facts of the case make it obvious who is at fault. For example, if the other driver ran a red light (or broke other traffic laws), that driver will be at fault. Other facts may also offer a clue regarding the fault. For example, if the police responders and the police indicate that one driver is at fault, that is likely to be true. Generally, police reports and police opinions are not admissible in court, but they can be good enough to know if you have a claim. Another clue is whether the police issued a ticket or citation against the other driver for a traffic or other violation. If you have been injured in a Shreveport, Louisiana, auto accident and you have questions about whether you have a personal injury claim, contact an experienced Louisiana auto accident attorney for a consultation. Victims of Louisiana motor vehicle accidents can recover compensation for any type of damages, including:
In general, the process involves, first, obtaining medical treatment so that proper medical care can be provided. Depending on the severity of the injuries, it may take some time to heal fully. That is the most critical step in the process. After that, it is time to make an insurance claim. Most Louisiana car accident cases settle before a personal injury lawsuit is filed. However, one must always act quickly since, in Louisiana, there is a one-year deadline for filing a lawsuit for compensation. The insurance claim will be processed with the insurance company conducting an investigation. A settlement offer from the insurance company must generally wait until all the medical bills have been collected and tabulated. Sometimes, no insurance settlement is offered, or the amount offered is insufficient. At that point, a personal injury lawsuit will need to be filed in a Louisiana civil court. Contact A Louisiana Personal Injury Attorney Today For more information, contact the Law Offices of Philip B. Adams. If you have been injured in a Louisiana accident, our Louisiana personal injury lawyers can help you recover the full amount of compensation to which you are entitled under Louisiana law. To contact us, complete our "Contact Us" page here. We have the experience and legal knowledge that you need. We have offices in Shreveport and handle personal injury cases throughout all of Louisiana. Thank you for reading this blog post and visiting our website. Yes. In Louisiana, if someone hits you -- commits an assault and battery -- you can sue the perpetrator for monetary damages. In legal terms, assault and battery are separate actions and both are types of "intentional torts." If you are the victim of assault and battery, under Louisiana assault laws, you can bring a civil lawsuit to recover compensation for any injuries and/or damage to property. In some cases, an assault and battery will be covered by insurance, and you are entitled to bring an insurance claim.
For assistance with a claim, the Louisiana personal injury attorney at the Law Offices of Philip B. Adams can help. In assault and battery civil cases, an assault is the lesser of the two torts. Assault does not involve touching or hitting the victim. In a personal injury lawsuit in Louisiana, proving an assault means proving that the perpetrator committed an intentional act that was meant to create a "reasonable apprehension of imminent and harmful contact." The tort of "battery" is more severe since that tort involves proof of an intentional act that involves hurting or, at minimum, touching the victim. Being spit upon or having water thrown at a person are both examples of a battery. Of course, more serious batteries involve fists, blunt objects, sharp objects, and even bullets. What types of compensation are available for civil assault and battery? Since assault does not involve touching the victim, the types of compensation are generally limited to emotional and mental injuries. These include the intentional imposition of emotional distress and fear/anxiety of imminent harmful contact. For a civil cause of action for intentional battery, injuries are often common, as are potential damage to personal property like clothing or other belongings. In intentional battery cases, victims are entitled to compensation for any and all damages, including compensation for:
In many cases, because the actions are intentional, it is possible to recover punitive damages to punish the wrongful behavior and to deter others from engaging in similar behavior. Attorney's fees are often recoverable too. Who is legally liable for civil assault and battery? Generally, the perpetrator is legally liable for damages flowing from an intentional assault and battery. But there are other possible parties that might be sued depending on the circumstances. Most probably think of assault and battery as something like being mugged or a bar fight. Those certainly are assaults and batteries, but in any type of circumstance where there is unlawful and unwanted touching, there is a potential for a civil assault and battery case. For example, if a store security guard unjustifiably pushes, shoves, hits, or "lays hands" on a customer, that might well be an unlawful battery. If that happened, then the store owner might be held legally liable, and maybe, even the property owner. Situations involving teachers and students are another common example. Unwanted sexual contact is also another category involving potential civil assault and battery. Contact A Louisiana Civil Assault and Battery Attorney Today For more information, contact the Law Offices of Philip B. Adams. If you have been injured in a Louisiana assault and battery situation, our Louisiana lawyers can help you recover the full compensation you are entitled to recover according to Louisiana law. To contact us, complete our "Contact Us" page here. We have the experience and legal knowledge that you need. We have offices in Shreveport and handle personal injury cases throughout all of Louisiana. Thank you for reading this blog post and for visiting our website. Yes. Louisiana DWI laws apply to the driving of ANY motor vehicle. The Louisiana criminal defense attorney at the Law Offices of Philip B. Adams will continue on in this article to explain more. Driving a motorcycle while impaired will violate Louisiana's DWI laws. Likewise, you can face DWI charges if you are impaired and driving a farm tractor, a car, a truck, ATV, a motorboat, and even -- in theory -- a motorized bicycle (though there are no reported cases involving a motorized bicycle). If you are arrested for DWI in Louisiana, get a consultation from a dedicated and aggressive DWI Louisiana criminal defense attorney. Here is some additional information on DWI charges in Louisiana. As noted, DWI is defined as the operation of a motor vehicle while being impaired. This is NOT limited to impairment via consumption of alcohol. Any substance -- like marijuana or even prescription medication -- that impairs your ability to operate a motor vehicle will potentially result in a DWI arrest and charge. Further, it is a mistake to think that you are driving while impaired ONLY if your blood alcohol content ("BAC") is above 0.08%. In Louisiana, having a BAC of 0.08% or higher creates a presumption that you are impaired and that you are not capable of safely driving a motor vehicle. However, you can STILL be arrested, charged, and convicted of DWI in Louisiana if your BAC is less than 0.08%. This legal presumption is lower for commercial drivers and for those under the age of 21. Drivers of commercial vehicles are considered to be violating the DWI laws if their BAC is 0.04% or greater; for those under 21, the presumption of DWI exists when the BAC is 0.02% or greater. To repeat, impairment is the essence of the crime, not BAC. BAC is evidence of impairment. If convicted, those who are arrested on a motorcycle for first-offense DWI face a jail term of up to 6 months and fines of up to $1,000. There will also be a 90-day suspension of your driver's license. Back to the issue of BAC: if you drive in a very drunk state (a BAC of 0.20% or higher), your driver's license will be suspended for two years. Penalties are substantially increased for second, third, and more offenses. Be aware that the government's prosecuting attorneys will not typically rely only on the tests that determine the accused's BAC. Generally, other types of evidence are introduced at trial. If available, additional evidence can include:
Contact A Louisiana Criminal Defense Attorney Today For more information, contact the Law Offices of Philip B. Adams today. We are top-rated, relentless, and aggressive Louisiana criminal defense lawyers. Complete our "Contact Us" page here. We have the experience and legal knowledge that you need to help you win your criminal case. We have offices in Shreveport and handle criminal defense cases throughout all of Louisiana. Louisiana criminal law punishes domestic violence and domestic abuse in many ways. Typically, domestic abuse/violence comes in the form of battery and other forms of violence. But domestic abuse/violence also includes threats, intimidation, false imprisonment, kidnapping, and other criminal behavior. Louisiana prosecutors may ALSO charge assault, battery, sex crimes, intimidation, kidnapping, and other behavior under the general Louisiana criminal statutes. That is, if the situation involved hitting and punching a family member, then that behavior may be charged as domestic abuse/violence and also as general battery. Why? Prosecutors sometimes charge as many crimes as possible as "bargaining chips" for plea bargain negotiations.
Louisiana criminal law defines the crime of domestic violence as criminal acts -- like those mentioned above -- by a person against a family member, a member of the household, or a dating partner. More particularly, a "household member" includes:
"Family member" is defined to include spouses, ex-spouses, parents and stepparents, children and stepchildren, and foster family members. A person convicted of first-offense domestic abuse/violence will face penalties of up to six months in jail and fines of up to $1,000. The same penalties may result when there is domestic violence against a dating partner. For aggravated domestic violence -- use of a dangerous weapon and/or causing or attempting to cause great bodily harm -- the penalties become much more severe. The potential jail time ranges from 8 to 50 years, depending on the case, and thousands of dollars in fines. Note that there is also an enhancer if a child under the age of 13 was present at the scene when the domestic abuse/violence occurred. If that is proven and there is a conviction, then there is a mandatory minimum of 2 years in jail. Possible criminal defenses If you have been arrested for domestic violence, you can benefit by quickly getting in touch with a Louisiana criminal defense attorney. Depending on the facts of the case, there may be potential defenses to the charges. These include:
Contact A Louisiana Criminal Defense Attorney Today For more information, contact the Law Offices of Philip B. Adams today. We are top-rated, relentless, and aggressive Louisiana criminal defense lawyers. Complete our "Contact Us" page here. We have the experience and legal knowledge that you need to help you win your criminal case. We have offices in Shreveport and handle criminal defense cases throughout all of Louisiana. If you are arrested for any crime here in Louisiana, you can potentially benefit by having a criminal defense lawyer help you. The first goal of any criminal defense is to beat the charge. That means trying to get the charge dropped by the prosecuting attorneys, dismissed by the judge, or convincing a jury to acquit after trial. Why? Let's go over some potential consequences if you are convicted of a DWI.
Further, you also need a competent Louisiana criminal defense attorney to accomplish second-tier goals if the DWI charge cannot be defended against. The next-best goal, if you cannot obtain a dismissal, is to seek the minimum amount of punishment by getting the charge reduced to a lesser crime, obtaining probation or some other diversionary sentence, or convincing the judge to issue the minimum possible sentence. Louisiana criminal law is complicated. Without legal training and experience, you may find it difficult to navigate criminal laws and procedures, effectively negotiate for a plea bargain, and skillfully represent yourself before the judge or jury. A skillful lawyer can help you with all of these daunting tasks. As an illustration, consider that there are many potential defenses that can be argued in a DUI/OUI case (assuming that the facts of your case support the given defense). One defense is to argue that the arresting officers did not have the lawful authority to pull your vehicle over. For an initial traffic stop to be lawful, the police officers must have actual probable cause or must have, at least, a reasonable suspicion that a crime has been committed, is being committed, or will be committed in the near future. Talented Louisiana criminal defense attorneys can evaluate the facts of your case to determine whether there was a reasonable suspicion and/or probable cause for the initial stop. That evaluation can be difficult for a person without legal skills, knowledge, and training. If the initial traffic stop was unlawful, then all of the evidence collected after that is generally inadmissible. Thus, if there are legal grounds, your aggressive Louisiana criminal defense lawyers will file a Motion to Suppress Evidence with the trial judge assigned to your case. Again, this can be difficult to do without a lawyer and if you have no legal knowledge. A good criminal defense attorney can also negotiate with the prosecuting attorneys. To get the case dropped or negotiated with a good plea bargain, the prosecuting attorney must be convinced that his or her case is weak – "weak" in the sense that it will be difficult for the prosecuting attorney to get a guilty verdict. A successful Motion To Suppress Evidence can seriously weaken the prosecutor's case, which can lead to the charges being dropped or to an excellent plea bargain. This illustrates why you can benefit from hiring an experienced Louisiana criminal defense lawyer for your DUI defense. Contact A Louisiana Criminal Defense Attorney Today For more information, contact the Law Offices of Philip B. Adams today. We are top-rated, relentless, and aggressive Louisiana criminal defense lawyers. Complete our "Contact Us" page here. We have the experience and legal knowledge that you need to help you with your criminal case. We have offices in Shreveport and handle criminal defense cases throughout all of Louisiana. ,
Basically, theft in Louisiana is a crime, and whether the crime is considered a felony or a misdemeanor depends on the value of what is stolen. The level of the crime will also depend on other factors, such as first offender status, how the theft was accomplished, and what was stolen. For example, theft involving a home invasion will generally be considered a felony regardless of the property's value. That is because that particular crime involved a home invasion, and the legislature considers invading someone's home to merit a greater punishment. Additionally, if the theft was accomplished with violence or intimidation, the crime will be considered a felony. In those cases, the perpetrator could be charged with more than one crime since, in our examples, home invasion, use of a deadly weapon, and/or intimidation are all separate crimes with separate elements and punishments. Generally speaking, misdemeanor and felony crimes are distinguished by their potential incarceration sentences. A misdemeanor is considered one where the jail time is potentially less than a year; if the jail time is a year or more, then the crime is regarded as a felony. Note that there are some exceptions where the criminal statute in question specifically states that the crime is a felony, even if the potential jail time is less than one year. If you have been arrested for a theft crime in Louisiana, you can benefit by not delaying in getting in touch with an attorney. The Louisiana criminal defense attorney at the Law Offices of Philip B. Adams represents individuals facing serious criminal charges like theft. General theft crimes For general theft crimes, these are the levels based on the value of what was stolen:
Specific theft crimes In addition to the general theft criminal statute, Louisiana has a few specific theft statutes. Some of these specific theft crimes have the same or similar penalties based on the value of what was stolen. As an example, there is a specific criminal statute for theft of motor vehicles. See LA Revised Stat., § 14:67.26. The penalties are the same as those listed above based on the stolen vehicle's value. However, other specific theft statutes have different punishments. For example, any theft of a firearm is a felony since the punishment is not less than two years nor more than ten years in jail and a fine of $1,000. Repeat offenders As noted, repeat offender status will convert theft crimes into felony crimes. As indicated above, theft of something of $1000 or less is considered a misdemeanor crime punishable with up to six months in jail. However, a second offense becomes a felony crime with a possible jail term of up to two years and a fine of up to $2,000. Third, fourth, and more repeat offenses have the same felony status. Contact A Louisiana Criminal Defense Attorney Today For more information, contact the Law Offices of Philip B. Adams today. We are top-rated, relentless, and aggressive Louisiana criminal defense lawyers. Complete our “Contact Us” page here. We have the experience and legal knowledge that you need for the best chance of winning your criminal case. We have offices in Shreveport and handle criminal defense cases throughout Louisiana. The death penalty is in the news lately as our Governor, John Bel Edwards, has called for an end to the death penalty in Louisiana. This is Edwards' first public stance opposing the Louisiana death penalty. He made his views known during his State of the State address given on April 10, 2023.
It is unlikely that the Legislature will abolish the death penalty anytime soon. More than half of the fifty States -- including Louisiana -- still have capital punishment for first-degree murder cases. Despite a potential death sentence, Louisiana still has one of the highest homicide rates in the U.S. The death penalty is only possible in first-degree murder cases. In this article, the top-rated Louisiana criminal defense attorneys at the Law Offices of Philip B. Adams discuss what first-degree murder is in Louisiana. If you need criminal defense in Caddo Parish or anywhere else in Louisiana, use our Contact Page here. With respect to homicide, Louisiana divides different types of homicides into traditional levels. There are five levels of homicide in Louisiana which are
Each crime is distinct, with varying elements which the prosecuting attorneys must prove. As required across the country, the government must prove all the elements of an alleged crime beyond a reasonable doubt. Only first-degree murder carries a potential sentence of death. How is first-degree murder defined? These are the three basic elements that define first-degree murder in Louisiana: (1) Killing another human being or inflicting great bodily harm that results in death (2) With "specific intent" (a willful desire to end a person's life; specific intent is a higher standard than having a general criminal intent) AND (3) Involving one or more of the following:
As noted, punishment for first-degree murder can be the death penalty if the district attorney calls for it. Otherwise, the punishment is life imprisonment at hard labor with no parole, probation, or suspension of the sentence. Contact A Louisiana Criminal Defense Attorney Today For more information, contact the Law Offices of Philip B. Adams today. We are top-rated, relentless, and aggressive Louisiana criminal defense lawyers. Complete our "Contact Us" page here. We have the experience and legal knowledge that you need to protect you in your criminal case. We have offices in Shreveport and handle criminal defense cases throughout all of Louisiana. Fatal Motor Vehicle Accidents Involving 18-Wheeler Trucks: What is a Louisiana Survival Action?5/3/2023
Sadly, fatalities happen all too often when an 18-wheeler truck is involved in an accident on the roads of Louisiana. This is because of the typical difference in size and mass between a big rig truck and a standard passenger vehicle.
Our Louisiana personal injury attorney at the Law Offices of Philip B. Adams explains more on this below. When a fatality occurs in an 18-wheeler truck accident, Louisiana law allows for two different types of lawsuits to be filed if the death is caused by the negligence of the truck driver. The first is called a wrongful death action, and the second is called a survival action. Wrongful death is a legal cause of action brought by the family members of the deceased person for their losses -- such as loss of society, loss of companionship, loss of love, loss of affection, loss of enjoyment of life, and loss of society and services due to someone's death. Recovery can also occur for past medical expenses. See La. C.C. Article 2315.2. By contrast, a survival action is brought by the Personal Representative of the person who died to recover compensation for the injuries, pain, suffering, and other harms that happened to the deceased person between the time of the accident and the time of death. That is, a survival action seeks to recover the damages that the deceased person would have been entitled to recover if the person had lived. See La. C.C. Article 2315.1. In addition to the above damages, fright, fear, and mental anguish while the ordeal is in progress are legally compensable, along with medical bills and funeral costs. For example, assume that an 18-wheeler accident in Shreveport causes a fatality. The driver of the big rig tractor-trailer truck is entirely at fault for the accident. Assume that the 18-wheeler crashes into a passenger car. Assume that the passenger does not die immediately but is severely injured and is taken to the hospital by ambulance. Assume that the injured passenger dies a week later from complications due to their injuries. In this hypothetical, the deceased victim's Personal Representative would be able to bring a survival action to recover compensation for suffering and expenses from the time of the accident to the time of death (and for funeral costs). A real-world example can be seen in the case of Cahanin v. Louisiana Med. Mut. Ins. Co., 235 So. 3d 1250 - La: Court of Appeals, 5th Cir 2017). That case involved medical malpractice. The wife of the deceased husband brought suit for both wrongful death and for survival. The survival action was based on pain, suffering, and anguish for the time period when her husband awoke at his nursing home feeling short of breath until the time of his death approximately six hours later at the hospital emergency room. In that case, the jury awarded $25,000 as compensation for the survival action. This amount was approved as just, fair, and supported by the evidence by the Louisiana Court of Appeals. Contact A Louisiana Personal Injury Attorney Today For more information, contact the Law Offices of Philip B. Adams. If you have been injured in a Louisiana accident, our Louisiana personal injury lawyers can help you recover the full amount of compensation to which you are entitled under Louisiana law. To contact us, complete our "Contact Us" page here. We have the experience and legal knowledge that you need. We have offices in Shreveport and handle personal injury cases throughout all of Louisiana. Thank you for reading and visiting our website. In Louisiana, if you have been injured in an auto accident, you have a legal right to seek compensation for your injuries and for payment for the damage to your vehicle. This is true even if the collision and crash were caused by a driver who lives, say, in Texas or Mississippi. Even if the at-fault driver lives very far away, like in New York or Illinois, it does not matter. You have a right to compensation. So, if you have been involved in a Caddo Parish auto accident and you discover the other driver lives in another State, don't panic.
Now, in truth, the fact that the at-fault driver lives out-of-state will cause some potential complications. Thus, contacting a top-rated Shreveport, Louisiana, personal injury attorney is essential. The complications are primarily procedural in the sense that if a Louisiana personal injury lawsuit must be filed, then the Complaint and other court papers will have to be delivered to the out-of-state driver where he or she lives. But, Shreveport car accidents involving out-of-state drivers are not uncommon, and Louisiana's rules of civil procedure are designed to ensure that out-of-state drivers can be brought into Louisiana civil courts. In some cases, it is even possible to file a Louisiana personal injury lawsuit here in the federal courts of Louisiana. Most auto accident claims here in Shreveport and Caddo Parish, Louisiana, are resolved through insurance claims. This helps immensely with recovering compensation after a Louisiana car accident because insurance companies must cover accidents caused by their policyholders regardless of where the accident occurs. This is required by Louisiana law and by the laws of every State in the country. Further, as a practical matter, most auto and collision insurance carriers offer policies across broad areas of the country. So, most of the larger insurance companies have handled insurance claims in Louisiana and know the legal requirements here in Louisiana for settling auto accident claims. This simplifies starting the insurance claim process for victims and their personal injury attorneys. Further, when an out-of-state driver is involved in a Louisiana auto accident, the process for a typical auto accident insurance claim is as follows. These steps involve:
If negotiations fail, a personal injury lawsuit must be filed. And as noted, this is where the involvement of an out-of-state driver creates some legal issues. First, if the injuries and damages are severe and the potential recovery exceeds $75,000, then it is possible to bring suit in federal court here in Louisiana. In those kinds of cases, there should be no problem bringing the at-fault, out-of-state driver into Louisiana federal courts and obtaining justice. If the injuries are less severe, then Louisiana has a "Long-Arm Statute," which allows Louisiana victims to bring out-of-state drivers into Louisiana courts. The procedure is generally successful but takes extra time. Contact A Louisiana Auto Accident Attorney Today For more information, contact the Law Offices of Philip B. Adams. If you, a friend, or a family member has been injured in a Louisiana auto accident, our Louisiana personal injury lawyers can help you recover the total amount of compensation to which you are entitled under Louisiana law. To contact us, complete our "Contact Us" page here. We have the experience and legal knowledge that you need. We have offices in Shreveport and handle personal injury cases throughout all of Louisiana. Thank you for reading and visiting our website. Have you (or a loved one) been injured in a big rig truck accident here in Shreveport or elsewhere in Louisiana? Louisiana big rig truck accidents can be some of the most dangerous types of accidents, given the mass and weight of 18-wheelers. When a Louisiana tractor-trailer truck smashes into a smaller vehicle, injuries for those in the smaller vehicle can be very traumatic and even fatal. This is true even if the accident is at a low speed.
When this happens, under Louisiana law, the victims are entitled to compensation for their injuries and damage to their vehicle. This applies to drivers and to passengers. If you have suffered such an injury, contact us here at the Law Offices of Philip B. Adams. We are Shreveport personal injury attorneys with extensive experience helping our clients maximize their recoveries after accidents. Louisiana 18-wheeler truck accidents can cause many types of serious long-term injuries, including:
If you have suffered any of these types of injuries because of the fault of the driver of the 18-wheeler, you can bring an insurance claim and/or file a lawsuit for compensation. The driver is likely liable for the compensation, and the driver's employer is also likely responsible. In Louisiana, big rig truck accident compensation is governed by the rules of negligence. Every tractor-trailer driver and company has duties imposed by Louisiana law. For the truck driver, these duties include keeping a careful watch to avoid accidents and injuries, obeying traffic laws, not driving while distracted, etc. For a truck company, these duties include keeping their trucks in proper repair, hiring competent drivers, ensuring that the drivers are adequately trained and rested, etc. If an 18-wheeler causes injuries because of an accident here on the roads and highways of Louisiana, any breach of the duties listed will result in liability. The victims will be legally entitled to a monetary judgment to cover their damages. Damages that can be recovered include compensation for
Act Quickly to Contact a Louisiana Personal Injury Attorney If you have been injured in an 18-wheeler accident in Louisiana, you must act quickly and contact an experienced Louisiana personal injury attorney. In Louisiana, there is a strict time deadline for filing your personal injury lawsuit. This deadline is called a "statute of limitations." The Louisiana statute of limitations for a big rig truck accident is one year from the date of the accident. Contact A Louisiana 18-Wheeler Accident Attorney Today For more information, contact the Law Offices of Philip B. Adams; if you have been injured in a Louisiana 18-wheeler accident, our Louisiana personal injury lawyers can help you recover the full compensation you are entitled to under Louisiana law. To contact us, complete our "Contact Us" page here. We have the experience and legal knowledge that you need. We have offices in Shreveport and handle personal injury cases throughout all of Louisiana. Thank you for reading and visiting our website. |
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