Generally, there is no fee owed when you hire a Louisiana 18-wheeler accident lawyer to handle a personal injury case if there is no insurance settlement or civil litigation judgment. Here at the Law Offices of Philip B. Adams, we work to maximize the recovery for our clients who have been injured in Shreveport, Louisiana, tractor-trailer accidents.
We handle our personal injury cases on a contingency fee basis. That means you pay no attorney fee unless we recover on your behalf. If we recover on your behalf, our attorney fees are paid from the settlement or judgment amount. Contact us if you have been injured in a big rig accident here in Shreveport. You may benefit from hiring hardworking and committed Louisiana accident lawyers to help maximize your recovery. What is a contingency fee in Caddo Parish, Louisiana? Louisiana attorneys charge for legal services in several different ways. Often, services are charged on an hourly basis. For each hour of work, the client is invoiced at the agreed-upon fee level. That fee is often several hundred dollars an hour. Another method of billing is flat fee billing. This is often negotiated for bulk and repetitive legal services like sending copyright violation notices and things of that nature. The third type of typical lawyer billing is called contingency fee billing. As noted, the client and the attorney agree that no attorney fees are due if the case is not resolved with a recovery. If there is success in the lawsuit (or success in settlement negotiations), the attorney fees are taken from the amount obtained through the lawsuit and/or the settlement. This process is why the attorney fees are called "contingent." The fees are contingent upon success in the case. This fee process is common for personal injury lawsuits like big rig and 18-wheeler accidents here in Louisiana. How much are the contingency fees in Shreveport, LA 18-wheeler cases? Attorney fees in contingency fee cases are generally based on a percentage of the award or settlement. A common percentage is one-third (approximately 33.33%) if the matter is settled before a lawsuit must be filed, and 40% if there is no insurance settlement and a lawsuit must be filed. Sometimes, there is a further increase in the percentage if victory only comes after the case is appealed to a higher court. As an example, assume a big-rig injury case here in Louisiana is settled for $600,000. Under a standard contingency fee agreement, the attorneys' fees would be $200,000, leaving $400,000 for the client, medical bills, and expenses of litigation for reimbursement. What about costs and litigation expenses? A contingency fee may state that any costs or litigation expenses advanced and paid by the attorneys will be reimbursed and that the attorney fee is based on the entirety of the recovery. In our prior example of a Louisiana 18-wheeler accident case that settles for $600,000, if the attorneys spent $12,000 hiring an accident reconstruction expert to explain how the accident occurred, that $12,000 would be reimbursed to the attorneys. Also, the 33.33% attorneys' fee would be calculated on the entire recovery amount ($600,000). That would result in an attorney's fee of $200,000, and expenses of $12,000 to be reimbursed to the attorneys. 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 compensation you are entitled to according to Louisiana law. To contact us, complete our "Contact Us" page here. We have experience and legal knowledge that can help you. 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. In Shreveport, LA, assault and battery are crimes. Although they are often thought of as the same crime, they are different. Assault occurs when the perpetrator acts in such a way as to put the victim in a fear -- apprehension -- of violent, harmful, unwanted, and/or offensive contact. For example, an assault may occur when the perpetrator threatens to punch someone in the face, or takes a swing but misses. By contrast, battery may occur when there is violent, harmful, unwanted, and/or offensive contact with the victim's person. For example, a battery may occur when the perpetrator actually punches someone in the face.
Battery is, of course, the more severe crime since it involves actual violence, harm, and/or offensive touching. For this reason, the criminal punishments for battery are more severe. Note that almost always, if there has been a battery, then there is the potential for an assault to be charged because there is almost always the threat, fear, and apprehension that comes before the battery. In Louisiana, there are several levels of these crimes. In comparison to assault levels, there are more levels for a battery, which include
Likewise, under Louisiana criminal law, more severe assault and battery crimes exist that depend on the nature of the behavior and the nature of the victim. As an example, if the assault and/or battery was sexual in nature, then the crime will be charged as sexual assault and/or sexual battery. A long list of possible victims exist that will make an assault and/or battery more severe. These include assaults/batteries on
If you are arrested and charged with any of the various crimes involving assault and/or battery, you can benefit from hiring a committed and experienced Shreveport criminal defense attorney. Simple forms of assault and battery in Louisiana are generally deemed misdemeanor crimes, but you should seek to avoid any criminal convictions on your record. Even misdemeanor charges can result in jail time and hefty fines. More complex assault and battery charges can be felonies that carry even more serious consequences than their misdemeanor counterparts. In terms of defending against assault and battery charges, the facts of the case will determine what the criminal defenses are. The main defense is to challenge whether the government prosecutors can prove all the necessary elements. For example, for a simple assault, the government must prove beyond a reasonable doubt the following:
From this, several potential criminal defenses are evident. Was there intent, for example? Did the victim have a reasonable fear or apprehension? Was the alleged perpetrator actually defending him or herself from the aggression of the alleged victim? Did the alleged victim give consent (actual or implied) as in agreed-upon combat? Contact A Louisiana Criminal Defense Attorney Today For more information, contact the Law Offices of Philip B. Adams today. We are relentless and aggressive Louisiana criminal defense lawyers. Complete our "Contact Us" page here. We have the experience and legal knowledge that we can put to work to help your criminal case. We have offices in Shreveport and handle criminal defense cases throughout all of Louisiana. Generally, the answer is "no." Punitive damages are not often allowed in Louisiana car accident cases. However, there are some exceptions.
If you (or a family member) have been injured here in Shreveport or Caddo Parish, contact us at the Law Offices of Philip B. Adams. Contact us here. We also provide legal services to personal injury victims in Bossier Parish, Red River Parish, and De Soto Parish, along with the rest of Louisiana. Here is what you should know about asking for punitive damages in a Shreveport, Louisiana, auto accident. What are punitive damages? Victims who are injured or killed in Louisiana auto accidents are entitled to seek compensation from the at-fault party (or parties) for any injuries to themselves as well as damage to personal property (like their vehicle). Compensation for these injuries and property damage are called "compensatory damages." That is, the money awarded is for compensation. Examples include recovery of costs for medical bills, lost wages, costs to repair damaged property, out-of-pocket expenses (like the cost to rent a replacement vehicle), pain and suffering, emotional distress, costs for therapy, disfigurement, apprehension and fear, and more. By contrast, punitive damages are not about compensating victims but are about punishing the wrongdoer. Punishment, however, is typically reserved for circumstances of purposeful or intentional conduct. Because in an accident case the conduct or behavior that causes the Louisiana auto accident is generally not intentional, most of the time the victims are not allowed to seek punitive damages. Exceptions where punitive damages ARE allowed in Shreveport, Louisiana Auto Accident Cases By statute, Louisiana has made several exceptions to the general rule and DOES allow punitive damages in Shreveport, Louisiana, car accident cases. The first is contained in the Civil Code, art. 2315.4, which allows an award of punitive damages if the at-fault party was driving under the influence of alcohol or drugs. The provision reads: "In addition to general and special damages, exemplary [punitive] damages may be awarded upon proof that the injuries on which the action is based were caused by a wanton or reckless disregard for the rights and safety of others by a defendant whose intoxication while operating a motor vehicle was a cause in fact of the resulting injuries." In Louisiana Civil Code, art. 3546, there is another exception involving out-of-state parties if punitive damages can be awarded in the domiciliary states of those out-of-state parties. One circumstance involves situations in which the wrongful behavior OR the injury occurred in another state that allows punitive damages. Punitive damages can be sought if that wrongful conduct injures a person here in Louisiana OR a Louisiana resident. A second circumstance involves situations in which the at-fault party causes injury here in Louisiana but lives in a state that allows punitive damages. This might occur if an out-of-state driver causes an auto accident here in Louisiana. Will punitive damages be awarded? So far, we have only discussed whether a victim of a Louisiana car accident can ASK for punitive damages. As noted, generally, a victim cannot even seek punitive damages. But, even when it is permissible to seek punitive damages, the facts must still be proven. The wrongful conduct must generally be shown to be intentional or rise to a level of negligence that demonstrates indifference and/or reckless disregard for the health and safety of others. 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 compensation you are entitled to 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 visiting our website. Have you been the victim of an 18-wheeler accident here in Shreveport, Louisiana? You have a right to bring an insurance claim and file a personal injury lawsuit. If this has happened to you -- or a loved one -- contact the Law Offices of Philip B. Adams. Use our "contact us" page. We provide top-tier legal assistance for all types of personal injury cases in Caddo Parish and other parts of Louisiana. We work hard to obtain compensation for victims of all types of truck accidents, such as 18-wheeler trucks, semis, big rigs, tractor-trailers, and other large commercial vehicles like buses and more. In this article, we discuss the types of damages that can be recovered by victims of Louisiana 18-wheeler truck accidents.
To begin, please note that you should act very quickly after a Louisiana big-rig accident because Louisiana law imposes a short deadline for filing a personal injury lawsuit. This is called a "statute of limitations," and in Louisiana, the statute of limitations is only one year from the date of the accident. This applies to claims for compensation based on negligence and also for wrongful death and survivor actions if there has been a fatality. What Categories of Damages Can Be Recovered for a Louisiana 18-Wheeler Accident? If you are a victim of an accident here in Louisiana, you have a right to compensation. You have a right to FULL recovery for all injuries and property damage. The goal of compensation is to attempt -- as fully as possible -- to "make whole" the victim. Since an accident causes many types of losses, there are just as many categories of damages. These include compensation for:
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 compensation you are entitled to 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 and visiting our website. In Louisiana, there are three levels -- degrees -- of rape charges. The two key elements of rape in Louisiana are penetration and lack of consent. Penetration can be proven even if the penetration is minimal or even negligible. If there is no penetration, then generally, the crime is called some form of sexual battery. Because Louisiana prosecuting attorneys generally charge as many crimes as the facts will substantiate, in rape cases, the accused will very often be charged with various levels of rape, sexual battery, and common battery.
Consent is generally a defense, but there are many circumstances in which the victim cannot legally consent. Examples in which consent cannot occur include those cases in which the accuser is under the age of 17 and those accusers who are mentally infirm. In Louisiana, rape can involve oral, vaginal, or anal penetration. Those convicted will face incarceration, fines, and mandatory sex offender registration. First-degree rape First-degree rape -- also called aggravated rape -- is the most serious. It involves oral, anal, or vaginal penetration without the victim's consent and one of the following:
First-degree rape carries a potential life sentence. Second-degree rape Second-degree rape -- also called forcible rape -- involves oral, anal, or vaginal penetration without the victim's consent and one of the following:
A conviction of second-degree rape carries a potential incarceration term of 5 to 40 years at hard labor. Third-degree rape Third-degree rape -- also called simple rape -- involves oral, anal, or vaginal penetration without the victim's consent and one of the following:
A conviction of third-degree rape carries a potential incarceration term of up to 25 years at hard labor. Defenses to charges of rape in Louisiana If you are charged with rape in Louisiana, you may benefit from hiring a Louisiana criminal defense attorney. A defense attorney can evaluate your case and protect your legal rights. Contact us here at the Law Offices of Philip B. Adams. Depending on the facts, there may be potential legal defenses. Examples 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 defend your criminal case. We have offices in Shreveport and handle criminal defense cases throughout all of Louisiana. |