Big River

October 2024

Personal Injury

Louisiana’s New Two-Year Prescriptive Period for Car Accident Claims: What It Means for You

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If you’re involved in a car accident in Louisiana, starting July 1, 2024, there will be a significant change to the time limits within which you can file a lawsuit. Previously, Louisiana had a one-year prescriptive period (similar to what other states call a “statute of limitations”) for car accident claims, requiring plaintiffs to file within that period or lose their right to seek compensation. However, recent legislation has extended this time limit to two years, but only for accidents involving movable vehicles. Here’s an in-depth look at the change, its implications, and what you need to know. 1. Understanding Louisiana’s Prescriptive Period In legal terms, a “prescriptive period” is the amount of time within which you must bring a lawsuit after an event, such as a car accident. After this period expires, the injured party generally loses the right to file a claim, even if they have a valid case. Louisiana’s prescriptive period for personal injury claims has traditionally been one of the shortest in the nation, set at one year. This change reflects a significant shift in policy and aligns Louisiana with more states that use a two-year period for personal injury and car accident claims. 2. What Is Changing and When? The new law extends the prescriptive period from one year to two years, but only for specific car accident claims involving a “movable” object, which generally refers to vehicles and other movable objects on the road. The change applies solely to accidents occurring after July 1, 2024. For other types of injury claims unrelated to car accidents involving movables, the one-year prescriptive period remains unchanged. This means that while car accident claimants now have additional time to file lawsuits, people involved in other personal injury cases (like slip-and-fall incidents or medical malpractice cases) must still adhere to the shorter one-year period. 3. What Counts as a Movable? Louisiana’s legal definition of “movable” includes anything that is not permanently affixed to the ground. For this new prescriptive period law, a “movable” primarily refers to vehicles like cars, trucks, motorcycles, and other types of motor vehicles involved in an accident. Therefore, if you are in an accident with another vehicle or even a mobile trailer, this two-year period applies. However, if you are involved in a collision with something deemed “immovable” under Louisiana law—like a building or other permanent structure—this extension does not apply, and the one-year period would still be enforced. The nuance here is crucial for those interpreting which prescriptive period applies, especially as Louisiana’s legal definitions can differ from other states. 4. Why This Change Matters: Key Implications Extended Time for Gathering Evidence The two-year extension can provide much-needed relief for victims who may not immediately realize the extent of their injuries, a situation that’s common in car accidents. Often, injuries like whiplash or concussions may not show symptoms right away. An extended prescriptive period allows individuals to seek medical treatment, thoroughly assess the impact of their injuries, and make a more informed decision about filing a lawsuit without feeling rushed. More Time for Negotiation and Settlement For both plaintiffs and insurance companies, a longer prescriptive period allows additional time to negotiate settlements without rushing to court. Insurance companies might be more inclined to settle if they know the claimant has ample time to file a lawsuit if negotiations fall through. This could reduce the caseload on Louisiana’s courts by resolving more cases out of court. Impact on Legal Strategy From a legal standpoint, the two-year period changes how attorneys approach car accident claims. Lawyers now have more time to investigate, consult with experts, gather comprehensive evidence, and build a strong case. This additional time could be beneficial in cases where liability is disputed or when multiple parties are involved. Potential Drawbacks of the Extension While the extension provides obvious benefits, there are some potential drawbacks. For instance, insurance companies might delay settlement offers, knowing that plaintiffs have more time to file a claim. Additionally, witnesses to the accident might forget important details over a longer period, and physical evidence could deteriorate, impacting the accuracy of testimonies and the reliability of evidence. 5. Filing a Claim: What You Need to Know Despite the change, it’s still recommended to act promptly after an accident. Here are steps to consider if you’re involved in an accident after July 1, 2024: Seek Immediate Medical Attention: Some injuries may not be apparent immediately but can have long-term effects. Getting a medical evaluation immediately helps document your injuries, which is crucial for your claim. Document Everything: Take photographs, gather witness contact information, and note all details surrounding the accident. These records will be vital as evidence should you decide to file a claim within the two-year period. Consult an Attorney Early: While the law allows two years, discussing your case with an attorney soon after the accident helps preserve evidence, build your case, and strategize for the best outcome. Be Aware of Insurance Deadlines: Even though the prescriptive period for lawsuits has been extended, insurance companies may still have shorter deadlines for reporting accidents or making claims under your policy. Check your policy and report the accident promptly. 6. How Does Louisiana’s New Law Compare to Other States? With this new law, Louisiana joins several states that have adopted a two-year statute of limitations for car accident claims. However, Louisiana’s approach is unique in its specificity—applying the extension only to car accidents involving movables. Most states do not differentiate based on the type of accident; they have a standard period for all personal injury claims, which typically ranges from two to three years. Louisiana’s move to retain a one-year period for non-car accident claims reflects its historical preference for shorter prescriptive periods. 7. What Happens to Existing Claims? The law only applies to accidents occurring on or after July 1, 2024. For those who have accidents before this date, the original one-year period still applies. This distinction is important for those currently in the process of filing a claim

Immigration

Understanding Immigration Bonds: Who is Eligible and How to Apply

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For individuals detained by U.S. Immigration and Customs Enforcement (ICE), obtaining an immigration bond can be the key to securing release from detention while awaiting court proceedings. However, eligibility for an immigration bond depends on several specific criteria, and not everyone detained by ICE qualifies. This article outlines who is eligible for an immigration bond, the process of applying for one, and the types of evidence needed to improve your chances of release. At Big River Trial Attorneys, we understand the complexities of the immigration system and are here to support detainees and their families through every step of the bond process. Whether you’re located in Baton Rouge, Louisiana, or elsewhere, this guide will provide a detailed look into the eligibility requirements and application process for immigration bonds. 1. Who is Eligible for an Immigration Bond? An immigration bond allows an individual detained by ICE to be released temporarily, pending a hearing or other immigration-related proceedings. However, not everyone qualifies. Under U.S. immigration law, eligibility for a bond depends on various factors, including an individual’s criminal history, immigration record, and classification under immigration law. Key Criteria for Eligibility No Prior Deportation Orders: Individuals with prior deportation or removal orders generally do not qualify for an immigration bond. ICE considers these individuals at a higher risk of absconding or failing to attend future hearings, so bond eligibility is limited. Not an Arriving Alien: “Arriving aliens” are those who have recently entered the U.S. without inspection or authorization, including asylum seekers at the border. Arriving aliens are typically ineligible for an immigration bond, as they are considered more likely to have unclear legal status, which limits bond eligibility. No Certain Criminal Convictions: Most individuals with certain criminal convictions, particularly drug-related crimes or aggravated felonies, are ineligible for a bond. Aggravated felonies under U.S. immigration law are broad and can include serious crimes such as murder, rape, drug trafficking, and fraud with a sentence of over a year. Even if a conviction doesn’t fall under these specific categories, ICE may consider other factors in determining eligibility. Other Considerations: If ICE or an immigration judge determines that an individual poses a danger to the community or a significant flight risk, they may not be eligible for a bond. This assessment often involves looking at an individual’s personal history, family ties in the U.S., and employment history. 2. Types of Immigration Bonds If deemed eligible, an individual may be able to apply for one of two types of immigration bonds: Delivery Bond: This type of bond allows a detainee to be released from detention with the understanding that they will appear for all required immigration hearings. If the individual misses any hearings, the bond amount will be forfeited. Voluntary Departure Bond: This bond allows the detainee to be released with the agreement that they will voluntarily leave the U.S. by a specified date. The bond amount is refundable if the individual exits the country as promised, but if they fail to leave, the bond is forfeited. 3. How to Apply for an Immigration Bond Applying for an immigration bond is a detailed process that involves submitting documents, presenting evidence, and attending hearings. Here’s an overview of each step: Step 1: Request a Bond Hearing To apply for a bond, an individual or their attorney must first request a bond hearing before an immigration judge. This hearing is separate from any removal hearings. At the bond hearing, the judge reviews the detainee’s eligibility, assesses risk factors, and sets a bond amount if the individual qualifies. Step 2: Gather Supporting Evidence Strong evidence is critical in persuading an immigration judge to grant bond and set a reasonable amount. Evidence should focus on demonstrating that the individual is neither a flight risk nor a danger to the community. Key documents include: Proof of Residency: Documents showing the detainee has lived in the U.S. for a significant period. Family Ties in the U.S.: Evidence of close relationships with family members who are U.S. citizens or lawful residents. Employment Verification: Proof of stable employment, such as a letter from an employer, pay stubs, or tax returns. Community Involvement: Letters of support from community members, religious leaders, or colleagues. Medical Records: If the detainee has health conditions that would be better managed outside detention, providing medical documentation can be helpful. Step 3: Attend the Bond Hearing At the hearing, the individual’s attorney presents the evidence, argues their eligibility, and addresses the criteria for bond eligibility. The immigration judge considers all evidence and can approve, deny, or adjust the bond amount. 4. Evidence to Present for Bond Approval An immigration judge looks at various factors to determine if a detainee is eligible for bond. The two primary criteria are whether the individual poses a flight risk and whether they represent a danger to the community. 1. Flight Risk To demonstrate that they are not a flight risk, the individual must show they have substantial ties to the U.S. and are likely to attend all scheduled hearings. Evidence of stability, strong community roots, and ongoing responsibilities in the U.S. can help demonstrate this. Family Connections: Presenting documents showing that the detainee has close family in the U.S., particularly if they are dependents or U.S. citizens, can reassure the judge of the individual’s intention to stay. Employment Evidence: Employment records or employer statements showing ongoing job commitments make it less likely that the individual will abscond. Employment serves as a tangible sign of stability and integration into the community. Property Ownership: Proof of property ownership or rental agreements also suggests that the individual has significant personal and financial ties to the country. 2. No Danger to the Community If the individual has no criminal history or past convictions, they may submit a statement or records showing their clean record to demonstrate they are not a danger. However, if they do have a criminal history, they should prepare supporting documents or testimonials to show rehabilitation or steps taken toward personal improvement. Character References: Letters

Personal Injury

How Long Does it Take to Settle a Car Wreck Case?

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When you’re involved in a car wreck, the aftermath can be overwhelming. Not only do you have to deal with physical injuries and vehicle damage, but you also face the daunting process of settling a car wreck case. At Big River Trial Attorneys in Baton Rouge, we understand the complexities involved in such cases and aim to provide clarity on the typical timeline and factors that influence it. Length of Medical Treatment One of the most critical factors in determining how long it will take to settle a car wreck case is the length of medical treatment required. If you’ve sustained significant injuries, your medical treatment may be prolonged. It’s essential to reach maximum medical improvement (MMI) before settling your case, or to at least know what type of treatment you will need in the future. MMI is the point at which your condition has stabilized, and further improvement is unlikely. Settling a case before reaching MMI can result in inadequate compensation, as future medical expenses may not be fully accounted for. Therefore, the duration of your medical treatment directly impacts the timeline of your settlement. Severity of the Case The severity of your case also plays a significant role in how long it takes to settle. Minor injuries, such as soft tissue injuries, might result in quicker settlements as they often require less medical treatment and fewer diagnostic tests. In contrast, severe injuries, such as traumatic brain injuries or spinal cord injuries, necessitate extensive medical care, rehabilitation, and possibly lifelong treatment. These cases require thorough documentation of injuries, treatments, and future medical needs, which can lengthen the settlement process. Complexity of the Case The complexity of your car wreck case is another crucial factor. Some cases are straightforward, with clear liability and minimal disputes, leading to faster settlements. However, if your case involves disputed liability, multiple defendants, or intricate legal issues, it becomes more complex. For instance, if the accident involved a commercial vehicle or a government entity, additional legal procedures and regulations may come into play, prolonging the settlement process. Complex cases require more time for investigation, evidence gathering, and negotiations. Number of Parties Involved The number of parties involved in your car wreck case can also affect the timeline. If your accident involved multiple vehicles or parties, each with their own insurance companies and legal representatives, the settlement process can become more complicated and time-consuming. Coordinating between different parties, negotiating with multiple insurers, and addressing various legal claims can add layers of complexity and extend the duration of your case. Each party may have different levels of cooperation, and reaching a consensus can be challenging. Amount of Insurance Available The amount of insurance available is another critical factor. In Louisiana, drivers are required to carry minimum liability insurance coverage of $15,000. However, if the at-fault party’s insurance coverage is insufficient to fully compensate for your damages, it can lead to delays in settlement. In such cases, you may need to explore other avenues for compensation, such as underinsured motorist coverage or pursuing a personal injury lawsuit. Evaluating and negotiating with insurance companies to ensure you receive fair compensation can take time, especially if the available coverage is inadequate. Typical Timeline for Settling a Car Wreck Case While the timeline for settling a car wreck case varies based on the factors mentioned above, here is a general overview of the process: Initial Investigation and Documentation: The first step involves gathering evidence, documenting the accident scene, obtaining police reports, and collecting medical records. This phase typically takes a few weeks to a couple of months. Medical Treatment and Recovery: The duration of your medical treatment and recovery depends on the severity of your injuries. It can range from a few months for minor injuries to several years for severe or catastrophic injuries. Negotiation with Insurance Companies: Once you have reached MMI, your attorney will begin negotiations with the insurance companies involved. This phase can take several months, as insurers often attempt to minimize payouts and may require extensive documentation and evidence. Filing a Lawsuit (if necessary): If negotiations with the insurance companies fail to result in a fair settlement, your attorney may file a lawsuit. The litigation process can take anywhere from several months to a few years, depending on the complexity of the case and court schedules. Settlement or Trial: If a fair settlement is reached during negotiations or through mediation, your case will be resolved. If not, it may proceed to trial. Trials can add additional time to the process, as court dates, hearings, and the trial itself can extend the timeline. Conclusion At Big River Trial Attorneys, we understand that settling a car wreck case can be a lengthy and complex process. The length of medical treatment, severity and complexity of the case, number of parties involved, and amount of insurance available all play crucial roles in determining how long it will take to reach a settlement. Our experienced team is dedicated to guiding you through each step of the process, ensuring that you receive fair compensation for your injuries and losses. If you’ve been involved in a car wreck in the Baton Rouge area, contact us today for a free consultation. Let us help you navigate the legal complexities and work towards a resolution that meets your needs and secures your future.

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