|
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. Written by Attorney Philip B. Adams on 06/29/2023. The Louisiana legislature recently passed in both the House and Senate a proposed bill colloquially referred to as the “25-foot” bill. It has engendered a tremendous amount of controversy, particularly among civil liberties advocates (myself included). In my opinion, Governor John Bel Edwards correctly vetoed this bill that would have severely affected the constitutional rights of Louisiana citizens in multiple ways. This proposed legislation would have created a new crime under Louisiana Revised Statutes 14:109. The text of the proposed bill reads as follows: “A. No person shall knowingly or intentionally approach within twenty-five feet of a law enforcement officer who is lawfully engaged in the execution of his official duties after the law enforcement officer has ordered the person to stop approaching or to retreat. B. For the purposes of this section, "law enforcement officer" means any commissioned police officer, sheriff, deputy sheriff, marshal, deputy marshal, correctional officer, probation and parole officer, constable, wildlife enforcement agent, livestock brand inspector, forestry officer, or state park warden. C. Whoever violates the provisions of this section shall be fined not more than $500 dollars, imprisoned for not more than sixty days, or both.” Multiple news outlets ran stories discussing the bill’s ramifications. Here are some news stories for those of you are interested in reading further:
The bill’s sponsor is Michael Johnson (R-Pineville). More information about him can be accessed through the following link: https://house.louisiana.gov/h_reps/members?ID=27. News stories reported that he sponsored the bill out of concern for officer safety and a desire to establish a buffer zone between police and civilians, such as when officers are investigating the scene of a crime. This claim appears disingenuous because criminal laws already sufficiently protect police officers and can be invoked if necessary, even through the power of arrest. If a citizen assaults or batters an officer, any reasonably well-trained police officer will be prepared to meet such a scenario. Officers are trained in how to meet force with force and can take lawful action to protect themselves should they genuinely feel threatened or harmed. Moreover, La. R.S. 14:329 already makes it a crime to interfere with a law enforcement investigation. Given existing law, this sponsored bill is completely unnecessary, ill-considered, and a waste of taxpayer resources. This bill’s language is constitutionally problematic in many ways. The analysis of whether this law is constitutional involves several factors and legal principles, primarily related to the First Amendment, Fourth Amendment, and Fourteenth Amendment of the U.S. Constitution. 1. First Amendment – Freedom of Speech and Right to Assemble: The First Amendment of the U.S. Constitution protects freedom of speech and assembly. Louisiana State Constitution, Article I, Section 7 (Freedom of Expression), similarly protects freedom of speech and assembly. This law potentially infringes on these rights by restricting a person's ability to approach a law enforcement officer. In City of Houston, Texas v. Hill, 482 U.S. 451 (1987), the Supreme Court struck down an ordinance that made it unlawful to interrupt a police officer in the performance of his duty. The Court noted that "the First Amendment protects a significant amount of verbal criticism and challenge directed at police officers." However, these rights are not absolute. The government can place reasonable restrictions on the time, place, and manner of protected speech, provided the restrictions are justified without reference to the content of the regulated speech, that they are narrowly tailored to serve a significant governmental interest, and that they leave open ample alternative channels for communication of the information. The law does not seem to be narrowly tailored to serve a significant governmental interest, as required by the Supreme Court's ruling in Ward v. Rock Against Racism, 491 U.S. 781 (1989). A court may consider the law as content-neutral because it does not seem to target specific speech but instead restricts physical proximity. The stated interest of ensuring the safety of officers engaged in their duties may be considered significant. However, the narrow tailoring of this law might be challenged. Critics could argue that the 25-foot restriction is overly broad and impedes citizens' rights to record police activity, ask questions, or protest law enforcement actions, especially if there's no imminent threat to officer safety. The law does not specify alternative channels for communication, which could be problematic. This law could arguably be deemed overbroad because it could potentially prohibit or chill constitutionally protected activities. For instance, the broad language of the law might deter the press and individuals from lawfully recording police officers in public, a right that is protected by the First Amendment and that has been recognized in several court cases, including Phillip Turner v. Driver, et al, No. 16-10312 (5th Cir. 2017). Trying to record officers from twenty-five feet away might prove difficult, if not downright impossible, depending on the level of technology in the hands of the recorder. Surely, we don't want any less transparency as to the conduct of law enforcement officers on our streets given the already high level of mistrust many members of the public have towards the police? Additionally, this law could potentially inhibit lawful protests or gatherings near law enforcement officers. The U.S. Supreme Court in Schenck v. Pro-Choice Network of Western New York, 519 U.S. 357 (1997), struck down a "floating" buffer zone that kept protesters certain distances from people entering a medical facility, in part because the zone covered "public sidewalks, a traditional public forum." This law does not make any exceptions for public forums. Finally, the law may be subject to challenge as a form of prior restraint. This refers to a governmental restriction preventing speech or other expression before it can take place. Since it potentially stops individuals from engaging in protected speech (e.g., criticizing or questioning police action, protesting, recording officers) before it can occur, the law could be seen as a type of prior restraint. The Supreme Court has generally been very skeptical of prior restraints, considering them to be presumptively unconstitutional. For instance, in Near v. Minnesota, 283 U.S. 697 (1931), the Court declared that government action suppressing speech is subject to a heavy presumption against its constitutional validity. 2. Fourth Amendment – Unreasonable Seizures: The law might be seen as promoting unreasonable seizures. In Terry v. Ohio, 392 U.S. 1 (1968), the Supreme Court held that, in order for a seizure involving a detention to be constitutionally reasonable, it must be based on reasonable articulable suspicion that a crime has been committed, is being committed, or is about to be committed. Detaining or arresting someone merely for approaching a police officer, without any additional behavior indicating criminal activity, could be seen as violating this principle. The Fourth Amendment protects citizens against unreasonable searches and seizures. Louisiana State Constitution, Article I, Section 5 (Right to Privacy), similarly protects against unreasonable searches and seizures. The vague nature of what constitutes a "lawful engagement in the execution of official duties" might make it prone to misuse and therefore a potential Fourth Amendment violation. Under the Fourth Amendment, the law could even potentially be construed as providing a means for officers to bypass the requirement for a warrant before conducting a search. For example, if the law were to be used to create an artificial buffer zone in which officers could search individuals or their belongings without a warrant, this could be a potential Fourth Amendment violation. In Katz v. United States, 389 U.S. 347 (1967), the Supreme Court established the principle that "searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable under the Fourth Amendment." 3. Fourteenth Amendment - Vagueness Doctrine: Under the Due Process Clause of the Fourteenth Amendment, laws must be clear in their terms to give people appropriate notice of what behavior is prohibited. Louisiana State Constitution, Article I, Section 2 (Due Process of Law), similarly protects the right to due process. The vagueness of certain terms in this law could make it susceptible to a vagueness challenge. The vagueness doctrine serves two important purposes: 1. It gives individuals fair warning of what conduct is prohibited. 2. It provides standards for law enforcement to prevent arbitrary or discriminatory enforcement. As per the Supreme Court decision in Connally v. General Construction Co., 269 U.S. 385 (1926), a law can be deemed unconstitutionally vague if “men of common intelligence must necessarily guess at its meaning and differ as to its application.” A few potential areas of vagueness in this law exist, making its application ripe for widespread abuse by unethical police: 1. "Approaching or or to retreat": This term is not specifically defined. Does it refer to any movement in the direction of the officer, or does it require a certain speed or manner of movement? Does it apply if the officer moves towards a stationary person, decreasing the distance to within twenty-five feet even if the person may be trying to leave? What does it mean to "retreat"? Do you have to just stop, or do you have to turn around? If you turn around, do you walk or run? 2. "Within twenty-five feet": The average person may not be able to accurately judge a distance of 25 feet, especially in a dynamic situation or without a point of reference, thus rendering this law potentially unconstitutionally vague. A citizen could easily inadvertently violate this law without realizing it, which is antithetical to the principle of fair warning that laws should provide. Moreover, the ambiguity of what exactly constitutes 25 feet can open the door for arbitrary or discriminatory enforcement of the law by police officers. In other words, it leaves too much discretion to individual officers to decide when someone has violated the law, which can result in unequal enforcement, a concern that was noted in the Supreme Court case of Grayned v. City of Rockford, 408 U.S. 104 (1972). How will any law enforcement officer know that a citizen is "within 25-feet" if that citizen is near a hypothetical twenty-five-foot boundary? At the risk of sounding facetious, without measuring devices, tape measures, and/or lasers, it will be downright impossible for officers and citizens to know when they've crossed an imaginary twenty-five-foot circle around any given officer. What if you're at 24 feet 11 inches? Too bad. It's your word versus the officer's word. If he thinks you've crossed that practically indiscernible boundary, he can arrest you and turn your life upside down. 3. "Law enforcement officer who is lawfully engaged in the execution of his official duties": The law does not clearly define what constitutes "lawfully engaged in the execution of his official duties". Does it apply to any action taken by an officer while on duty, or only certain types of actions? Isn't it true that an officer is "lawfully engaged in the execution of his official duties" every second that he is on the job and clocked in? How can an average person determine if an officer is "lawfully engaged" in their duties at a given moment? 4. "Has ordered the person to stop approaching or to retreat": The clarity of the officer's order could be a point of contention. How clearly must the order be communicated? What if the person cannot hear or understand the order due to a language barrier, hearing impairment, or environmental noise? All of these aspects can contribute to the law being considered vague. 4. Fourteenth Amendment – Equal Protection Clause: Finally, under the Fourteenth Amendment, this law might be enforced in a discriminatory manner. If the law is disproportionately enforced against certain groups, it could be seen as violating the Equal Protection Clause of the 14th Amendment of the U.S. Constitution. In Yick Wo v. Hopkins, 118 U.S. 356 (1886) the Supreme Court held that a law is unconstitutional if it is applied in a discriminatory manner, even if the law itself appears to be neutral. Louisiana State Constitution, Article I, Section 3, provides for equal protection of the laws as well. Given that this bill, if it had become effective law, would have trampled upon the First Amendment, Fourth Amendment, and Fourteenth Amendment rights of Louisiana citizens, Governor John Bel Edwards made the right decision in vetoing it. A copy of his veto letter is attached at the bottom of this blog post. At least our state governor understands the importance of the Bill of Rights in the context of this proposed legislation. The same cannot be said for our state legislature. It doesn't require much intellect to see many problems inherent in this poorly worded statute. If this abominable bill ever gets resurrected down the road, or if you or a loved one is arrested under a similarly constitutionally suspect bill, Attorney Philip B. Adams can help fight for your rights against government tyranny. Contact him here to schedule a consultation if your rights are in jeopardy. 
Caddo Parish Auto Accidents: Do I Have a Claim If I Was Injured While Driving My Employer's Car?6/26/2023
Yes, you still have a claim for personal injuries in Caddo Parish, Louisiana, even if you were driving your employer's vehicle and if the wrongdoing of another caused the accident. However, the issue can be legally complicated since there are two alternative recovery methods.
First, suppose you were engaged in some employment duties or tasks on behalf of your employer. In that case, most likely, the compensation for your injuries will be paid through workers' compensation benefits. Alternatively, your injuries will be compensated through the Louisiana laws of Negligence. In this article, the top-rated Louisiana auto accident lawyers at the Law Offices of Philip B. Adams, LLC., will discuss how to recover compensation in the second situation. We are a Louisiana personal injury law firm serving Caddo Parish, Bossier Parish, Red River Parish, De Soto Parish, and the rest of Louisiana. So, let's assume that your employer provides a company vehicle for your use as an employee benefit. The car is for travelling back and forth for work and for other work-related travel. But, you also have the use of the automobile for personal tasks like going to the store and/or running errands. Let's also assume that the accident occurred while you were running a personal errand. If, while running that personal errand, you were injured in an accident caused by another driver, then you have a claim for compensation against the other driver for your injuries. Note that in this circumstance, your employer will ALSO have a claim against the other driver for damage to the vehicle (since, of course, the car is owned by your employer). To recover, you will make a claim against the at-fault driver's insurance policy. If there is no insurance settlement, or the settlement amount is insufficient, you can file a civil lawsuit against the at-fault driver. Your employer will have the same legal rights. As noted, your employer can recover the cost of repair or replacement for the vehicle. You will have the right to seek FULL recovery for any and all injuries suffered. Thus, you can recover for all medical bills, ER charges, ambulance charges, lost wages, pain and suffering, emotional injuries, fear and apprehension, and more. Where the facts are appropriate, you can recover for past, current, AND future damages such as future medical bills, future lost wages, and more. To recover full compensation, you must show evidence of the four elements of Negligence in Louisiana. These are duty, breach of that duty, causation, and injury. Duty can be general -- such as the duty to be careful to avoid injuries to others -- and specific -- such as the duty to obey Caddo Parish traffic laws. An example of violating the general duty is if the accident was caused by distracted driving. Maybe the at-fault driver was talking and texting on their cell phone prior to the accident. By contrast, speeding or running a red light is an example of violating a specific duty. If the accident was caused by a breach of duties like these, then the other driver can be held legally liable. 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. Under both Louisiana and federal laws, most persons who have been convicted of felonies are barred from owning or having possession of a firearm or ammunition. Violating these laws is a felony, and if convicted, the accused faces incarceration at hard labor here in Louisiana for 5-20 years without the benefit of probation or parole. Fines can also be imposed anywhere from $1,000 to $5,000. See La. Rev. Stat., 14:95.1.
In this article, the tough and relentless Louisiana criminal defense attorneys at the Law Offices of Philip B. Adams discuss some of the possible criminal defenses to a felon-in-possession charge. Potential defenses to a felon-in-possession charge As with any criminal charge, there are several possible Louisiana criminal defenses that depend on the facts of the case. These include defenses like:
Aside from these general defenses, there are always potential defenses that depend on how the crime is defined. These are generally called the "elements" of the crime. The State of Louisiana must prove each and every element and must prove each and every element beyond a reasonable doubt. Thus, looking at the elements reveals potential defenses (depending on the facts of the case). To prove the crime of felon in possession of a firearm, the government must prove the following:
From this definition of the crime, several possible Louisiana criminal defenses can be seen. For example, it could be shown that the accused did not own or possess the firearm or ammunition in question. This can be shown if there is no evidence of ownership or actual possession and that the firearm was NOT subject to the accused's control. So, for example, if the gun was owned by and in the trunk of a friend's car where the accused was a passenger, that is not "owning," "possessing," or having "control" over a firearm if the accused is not aware of the gun and not exercising any degree of possession over the firearm. Alternatively, sometimes it can be shown that the "conviction" used as a predicate was, in fact, not a conviction. For example, a deferred adjudication may not be a "conviction" for purposes of the felon-in-possession crime in Louisiana. 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 try to help you win your criminal case. We have offices in Shreveport and handle criminal defense cases throughout all of Louisiana. Shoplifting is a crime in Louisiana. Like other forms of theft or larceny, the punishments for shoplifting depend on the value of the item or items stolen. Often, shoplifting is thought of as hiding a store item in a pocket, purse, or under clothes, and then walking out with the item. That is definitely a form of shoplifting. However, shoplifting, like theft, can be several other things, such as switching price tags/labels or doing any other act that would cause the item to be "rung up" at a lower price.
Further, a critical criminal element of theft in Louisiana is the intent to permanently deprive another person of their property. In other words, shoplifting and theft are NOT primarily about keeping the property for yourself. Rather, the focus of the crime as defined makes it essential that there be an intent to deprive the other person of their property. Consequently, you can also be charged with shoplifting by damaging merchant goods to make them unsaleable. This might involve opening boxes, breaking a safety seal, or other such acts. The key here is the intent to deprive the merchant of their property. Shoplifting may seem like a "no big deal" crime. But, if you or someone you know has been charged with shoplifting, you should consider hiring a Louisiana criminal defense lawyer. Shoplifting and other forms of theft are sentence-enhancing crimes. So, a conviction for shoplifting may make the sentence for any future shoplifting crime more severe. Under the Louisiana Criminal Code, La. Rev. Stat., § 14:67 (shoplifting) has these legal elements that the government prosecutors must prove
As noted, the punishment depends on the value of the items shoplifted. For this, if there are related but separate actions, the value is determined by the aggregate of the items shoplifted. For a first-time shoplifting conviction, punishment can be as follows based on the value of the stolen items:
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 attorneys. Complete our "Contact Us" page here. We have the experience and legal knowledge that you need to try to help you win your criminal case. We have offices in Shreveport and handle criminal defense cases throughout all of Louisiana. Shreveport 18-Wheeler Truck Accident Lawyer: Who Can Be "At Fault" for an 18-Wheeler Accident6/5/2023
If you have been injured in an 18-wheeler truck accident or if a loved one has been injured or killed, you are entitled to seek compensation under Louisiana law. You can benefit from hiring a top-rated accident attorney to help since these kinds of Louisiana personal injury lawsuits can be legally complex. For example, proving your right to compensation requires legal competence. Proving liability means proving the elements of negligence here in Louisiana. The four legal elements of negligence are
With Louisiana 18-wheeler and big rig truck accidents, there are many possible duties that the driver or some other at-fault party may have breached. For example, every driver on the roads of Louisiana must obey the traffic laws. So, if the driver of an 18-wheeler truck was speeding, then the driver was in breach of his duty to obey the traffic laws. As other examples, tractor-trailer drivers, owners, and companies have a long list of rules and regulations that they must follow concerning matters like cargo weight, cargo loading, rest period, training, etc. Each and every violation of these rules and regulations is a breach of duty which, if an accident is caused, is a basis for imposing legal liability for an 18-wheeler accident. You also need a competent Louisiana 18-wheeler truck accident lawyer because experience and skill are necessary to find ALL of the at-fault parties. Most think that the only possible at-fault party is the truck driver. That is sometimes true in ordinary Louisiana auto accident cases. But, in Louisiana 18-wheeler truck accident cases, there are often multiple parties who can be held liable. In addition to the driver, these other parties include the following:
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. 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. |
Archives
May 2023
Categories |
||
RSS Feed
