Big River Trial Attorneys

BR over a blue banner that says Big River

batonrougelawyer

Criminal Defense

All About Louisiana Drug Court Programs

/

All About Louisiana Drug Court Programs According to the Bureau of Justice report in 2017, an estimated 21% of incarcerated individuals in state and local jails are sentenced for crimes related to obtaining drugs or money for drugs; while over 40% of people incarcerated for property crimes and 14% of people incarcerated for violent crimes stems from drug-related reasons. According to data from the Louisiana Department of Public Safety and Corrections, as of October 2000 total prison population was 35,998, of which over 30 percent are incarcerated for drug-related crimes. Although it is not further determined the exact nature of the drug-related crimes for this data, it is noted in the report that a significant number of the 30 percent population are for charges that often have a root cause in drug abuse or distribution. Given these high numbers of drug and alcohol-related crimes, the Louisiana legislature has created the Drug Diversion Probation Program, commonly referred to as Drug Court. Under the statute, district courts operate and provide for drug and alcohol treatment programs through drug diversions. Essentially, the drug court’s goal is curtailing crimes attributed to drugs and alcohol. Thus, they created the Drug Diversion Probation Program to implement the legislature’s purposes. Who Are Eligible To Participate In The Drug Diversion Probation Program? For a defendant to be eligible for the drug diversion probation program, they must satisfy the following criteria: The defendant must not have any prior felony convictions for any offenses classified as a crime of violence; The defendant’s current charge cannot be a crime of violence, including domestic violence; driving under the influence of alcohol or any drugs that have resulted in the death of a person; or multiple counts of distribution, possession with intent to distribute, production, manufacture, or cultivation of dangerous controlled substances; The defendant must not have any other pending criminal proceedings that involve the commission of a crime of violence; If the defendant has a record of one or more felonies, then the defendant must not have been convicted of aggravated burglary or simple burglary of an inhabited dwelling; However, eligibility based on the criteria above is not sufficient to get into the drug diversion probation program. As discussed below, the judge decides whether a defendant can be accepted to the program. Who Makes The Final Determination If The Defendant Is Eligible To Participate In The Drug Diversion Probation Program? The judge decides whether the defendant is eligible to participate in the drug diversion probation program. To make a proper determination on the suitability of the defendant for the drug diversion probation program, the judge would assess numerous factors, including the recommendations of the district attorney and the defense counsel, the Examiner’s report, and other relevant information, including but not limited to: Nature of the crime charged and the circumstances involved in the crime; Whether the defendant is a first-time offender of a crime related to alcohol or drug-related offense, if the defendant has previously participated in the same or similar program, and whether they have shown any degree of success in the previous treatment program; The probability that the defendant will willfully participate and benefit from the program; Whether the program is appropriate to meet the needs of the defendant; Impact on the community of the defendant’s probation and treatment; Recommendations, if any, of the involved law enforcement agency or victim; Likelihood of obtaining restitution from the defendant throughout their probation; If there are any mitigating circumstances; Other circumstances that are reasonably related to the defendant’s case. The judge shall state their reasons for the record if they decide to reject the defendant from participating in the drug diversion probation program. What Criteria Does The District Attorney Use To Make Their Recommendation? As mentioned above, the district attorney recommends whether a defendant is deemed eligible to participate in the program to the court. The criteria used by the district attorney to determine whether they would recommend a defendant to be admitted to the drug diversion probation program are as follows: If the defendant is charged with using and possessing any narcotic drugs, coca leaves, marijuana, stimulants, depressants, hallucinogenic drugs, or significant association with alcohol or drug use, or both; If the district attorney has a reason to believe that the defendant suffers from alcohol or drug addiction, or both; and If the district attorney believes that it is in the best interest of the community and justice to provide the defendant with treatment to their addition instead of incarceration or other sanctions. What Is The Examiner’s Report, And What Does It Entail? As stated above, the judge uses an Examiner’s Report to determine whether a defendant is eligible to participate in the drug diversion probation program. The Examiner’s report is ordered by the court and is conducted by one of the court’s designated licensed treatment programs. These treatment programs are certified and approved by the State of Louisiana, and they have experience working with criminal justice clients suffering from alcohol or drug-related addictions. The report examines the defendant using standardized testing and evaluation protocols to assess whether the defendant is an eligible candidate for a treatment program. Generally, only defendants determined by the report to suffer from alcoholism or drug addiction, or both, or if they are in danger of developing alcohol or drug dependency and likely to be rehabilitated through treatment, can be considered for treatment. In addition, the Examiner may request the following information from the defendant and use these as part of their recommendation: Any prior criminal charges Educational, working or training background Family history, including their residence or ties in the community Medical and mental history, including treatments Any other information that is reasonably related to determining the treatment program’s success. In addition to the defendant’s eligibility, the Examiner’s Report would include a recommendation to the court of the level of care and length of stay for the defendant. The report’s recommendation will be forwarded to the court and the district attorney. Does The Defendant Waive

Personal Injury

How Lockout/Tagout Prevents Industrial Accidents

/

How Lockout/Tagout Prevents Industrial Accidents Safety in a workplace is one of the main concerns of every company and worker. Workplace safety for routine and non-routine activities is so important that regulations are in place to ensure that safety procedures, training, and compliance are followed. For non-routine activities, lockout/tag-out procedures are in place to prevent certain unnecessary mishaps in the workplace. What Is Lock Out / Tag Out? Lockout/tag-out, otherwise known as LOTO, refers to procedures and practices put in place to safeguard workers from hazardous energy releases. The Occupational Safety and Health Administration (OSHA) has a standard for The Control of Hazardous Energy. This standard is stated in the 29 CFR 1910.147, where it lays the general industry measures for controlling different types of hazardous energy and its sources. This standard is also known as the lockout/tag-out procedure, and it establishes the employers’ responsibility in protecting workers from hazardous energy. Aside from implementing the six basic LOTO procedures discussed below, employers are also required to train workers to ensure that they are aware, understand, and able to follow the LOTO procedures. What Is Hazardous Energy? Hazardous energy refers to energy such as electrical, mechanical, hydraulic, pneumatic, chemical, thermal, or other sources in machines and equipment that are hazardous to exposed workers. Exposure of this energy to workers during operation, service, or maintenance can result in serious injuries or death. What Are The Harmful Effects Of Hazardous Energy On Those Exposed? Workers responsible for the operation, service, or maintenance of machines or equipment that are considered sources of hazardous energy can be subject to severe injuries or be killed if such power is not adequately controlled. The dangers can also come from other equipment in the area that is not the equipment actually being worked on. Some of the harmful effects of hazardous energy may include, but are not limited to the following: Electrocution Burns Crushing Cuts Poisoning Lacerations Chemical exposure Amputation Body part fractures What Are The 6 Basic Proper Lockout/Tagout (LOTO) Procedures? There are six primary proper lockout/tag-out (LOTO) steps or procedures in handling hazardous energy under OSHA standards: Preparation The first step of locking and tagging out the equipment or machine that is identified as the source of hazardous energy for service and maintenance is to prepare. Here, an authorized employee would investigate and completely understand all types of hazardous energy that might be controlled. This means they would be identifying the specific hazards to plan how to manage that hazardous energy. Shutdown The second step is shutdown. After the hazardous energy has been identified and planned on how to handle the issue, the actual process of powering down and locking out machines containing the hazardous energy is shut down for servicing or maintenance. During this step, any employee affected by the shutdown of the machines is informed of the LOTO procedure. This step is effective even if they are not part of the service or maintenance. Isolation The third step is isolation. This step is when the machine or equipment from any hazardous energy source is isolated. This may include turning off the power at the breaker or shutting down a valve to ensure that energy is cut off from the machine. Lock Out/ Tag Out The fourth step is the actual lockout/tag out of hazardous energy sources. This procedure is composed of the authorized employee attaching the lockout or tag-out device to each machine or equipment source of the hazardous energy. This step aims to apply the lockout device on the energy-isolating device to secure the machine or equipment in a “safe” position where it cannot be moved to a dangerous position by anybody except the authorized employee performing the lockout. During this procedure, each of the machines or equipment is tagged, thus called a “tag out.” This tag includes the name of the authorized employee who performed the lockout and any additional information identifying the risks or procedures down on the source of hazardous energy. Stored Energy Check The fifth step is called stored energy check. During this process, the authorized employee is looking for any residual or stored hazardous energy in the machine or equipment even though it has been locked out or is disconnected. If such hazardous energy is still a threat, the said energy must be relieved, disconnected, restrained, or neutralized before the maintenance of the machine or equipment. Isolation Verification This last step is all isolation verification. At this stage, the authorized employee is safe to work on the machine or equipment. They then verify once the device has been properly isolated and neutralized, it no longer poses a threat to other workers. Lock Out/Tag Out programs are centered on controlling hazardous energy and its sources. It is also not limited to an electricity source but involves any power that can cause severe injury or death to anybody exposed to it. Such energy includes air, heat, water, chemicals, and hydraulics. Compliance with these procedures is essential in ensuring workplace safety, and any violation of these steps can have catastrophic effects. Thus, all workplace employees and management need to be vigilant and committed to the LOTO implementation. If you or a loved one has incurred a workplace safety injury, especially involving hazardous materials, you need a knowledgeable and caring lawyer on your side. Our highly experienced injury lawyers are here to guide and help you in your case. Please call us at (225) 963-9638,or you can click here to contact us for a consultation. Our dependable personal injury lawyers can help you assess your situation, discuss your claim, and answer any concerns you may have regarding a potential lawsuit.

Personal Injury

Who is Responsible for Dog Bite Injuries?

/

Who Is Responsible For Dog Bite Injuries? Generally, dog bite laws in Louisiana hold the animal’s owner responsible for the damages caused by their pets if there is a known history of aggressive behavior. However, a landlord of the owner of the dog or animal that caused the injury can also be held responsible. Some of the critical information to know if you have been injured or bitten by a dog or other animals in Louisiana is as follows: Louisiana Dog Bite Statute As noted above, the Louisiana Dog Bite Statute applies in cases where the dog or animal that caused the injury has a record of previous aggression. This law is a statutory strict liability rule. The injured party needs only to show that they did not provoke the animal’s attack or have been at fault, even partially to their sustained injuries. According to the Louisiana Civil Code section 2321, the owner of the dog is liable for damages if the following applies: If the owner of the animal knew or should have known their animal’s demeanor would cause damage to another animal or person; If the damage caused by the animal could have been avoided by the owner taking reasonable care; If the owner of the animal failed to take reasonable care to prevent the damage caused by their animal; and If the injured person did not provoke or cause the animal to attack them in any manner. It is important to note that these injuries caused by an animal are not limited to dog or dog bites. Instead, harm could be caused by any pet or animal, including scratches or other types of bodily injuries. Insurance Coverage For Dog Bites And Animal Injuries Generally, a homeowner’s insurance policy covers dog bites or injuries caused by their animals. The homeowner’s insurance company would typically provide a lawyer to defend the homeowner’s policy against any claim. Dealing with insurance company’s or the other party’s lawyer can be complicated and can have severe implications on your claim. Thus, a knowledgeable legal representative can help you navigate your way to assert your claim against any injuries caused by an animal. Our firm can provide valuable assistance in ensuring that your claims and rights are preserved during this daunting process. Landlord Responsibility For Dog Bites Or Injuries Caused By Animals In addition to the strict liability rule against the owner of the dog or animal that caused the injury, the injured party can pursue a claim against the landlord of the owner of the animal. In order to pursue a claim against the landlord of the animal owner, the injured party must show that the landlord knew or should have been aware that their tenant was harboring an animal that has aggressive behavior. Defenses To The Louisiana Dog Bite Injury Lawsuits There are two available defenses to the Louisiana Dog Bite Statute strict liability, and they are as follows: Comparative Negligence Comparative negligence applies when the injured party is partly or totally at fault for their injuries. The damages awarded to them are reduced by a percentage that is equal to the share of their responsibility for the injuries they had sustained. Provocation Under the Louisiana animal injury law, an injured person who provoked the animal for their attack would be a complete bar to recovery. This means that if a person has provoked an animal to attack them, then they would likely be unable to recover any damages in their claim for their injuries caused by the animal. Thus, in order to succeed in claiming against the owner and the landlord, if applicable, for a dog bite or injury caused by an animal, the injured party must be able to show that they had neither provoked the animal to attack them nor that they had not played a part in their own injuries. Statute Of Limitation Another important matter to keep in mind is that dog bite cases fall under personal injury claims in Louisiana. Therefore, it means that an injured party must file their claim to the court within one year from the date of the incident. If the injured party fails to file within this time frame, the court will likely dismiss the case. Dog bites and injuries caused by animals can have severe physical and psychological implications for an individual’s well-being. Hence, it is crucial to assert your rights and claim what you are rightfully entitled to under the law. If you or a loved one has been bitten by a dog or have been injured by an animal, you need a reputable lawyer on your side. Our highly experienced injury lawyers are here to guide and help you in your case. Please call us at (225) 963-9638, or you can click here to contact us for a consultation. Our dependable personal injury lawyers can help you assess your situation, represent your claim, and answer any concerns you may have regarding your lawsuit.

Personal Injury

Common Causes of Boating Accidents

/

Common Causes Of Boating Accidents Boating is a lifestyle that many Americans enjoy, especially those who are lucky to be around bodies of water. However, this aquatic activity comes with dangerous risks that can be fatal, so it is vital to be aware of the most common causes of boating accidents and how a boat operator can prevent these situations from happening. Some of the most common causes of boating accidents are as follows: Operator Inattentiveness Operator inattentiveness is described as the “failure of the boat operator to pay attention to the vessel, its occupants, or the environment in which the vessel is operating.” In the 2019 recreational boating statistics collected by the United States Coast Guard, operator inattentiveness was identified as the most common cause of boating accidents. Operator inattentiveness can lead to severe and even fatal consequences including, but not limited to, collisions, passengers or crew falling overboard, and slip-and-falls onboard. Improper Lookout Part of adequately operating a boat is to have a proper lookout. Under Rule 5 of the International Regulations of Preventing Collisions at Sea, a boat operator must maintain an unobstructed view from the helm to continuously eye the waters of the bow and starboard and port sides and adjust boat-handling for boat-handling change in the conditions. A proper lookout basically ensures to watch out for other boats, swimmers, swimming areas, skiers, flags, fishnets or other buoys, floating debris, or obstacles that might collide with the boat. Typically, a lookout helper is designated to assist in this critical task. Failure of the lookout to properly pay attention and warn the operator of any danger could lead to a boating accident. Excessive Speeding Like land vehicles, boats must be operated at a safe speed to avoid accidents, mainly to ensure that the operator has total control of the boat at all times. It is also important to remember that maintaining a safe speed must be observed even if the boat operator is experienced. Violation Of Waterway Navigation Rules Similar to operating a motor vehicle inland, boats are expected to adhere to navigation rules of the waterway. By following the established rules of the waterway, a boat operator can prevent boating accidents, including collisions with other water vessels. Some of these important navigation rules include knowing who has the right of way, rules for those crossing paths, on course to meet head-on, or how to navigate if a boat has to overtake another water vessel. Alcohol Or Drug Use As noted above, total control of the boat is crucial to prevent boat accidents. Proper operation of a vessel also requires the operator to be able to make quick and rational decisions. However, alcohol or drug use can impair a boat operator’s ability to make coherent decisions or make immediate logical reactions to address any potential danger that the boat may face. Thus, it is important to steer clear of alcohol and drug while operating boats. More importantly, there are serious criminal penalties for violating these rules. In Louisiana, the law specifically prohibits anyone from operating a water vessel, including boats, with a blood alcohol concentration of 0.08% or greater. Motor Or Equipment Failure Another common cause of boat accidents is motor or equipment failure during the boat’s operation. These technical problems can be avoided through proper inspection and maintenance of the boat before operation. Thus, it is crucial to keep the boat’s maintenance to lower the risks of any failure and accidents during the operation of the boat. Dangerous Water Condition Dangerous waters can occur through sudden changes in the water current or rapid tidal flows that make it challenging to navigate while operating a boat. It is important to remember that water conditions can suddenly change without much notice. Given these challenges, it is important that a boat operator is experienced not only sudden changes in water conditions but also aware of any changes that they may need to adjust to navigating through the waters successfully. Hazardous Weather Condition For the most part, current weather conditions can be anticipated. However, similar to water conditions, there are circumstances where sudden changes in the weather can occur and could cause dangerous boating conditions. Such hazardous weather conditions that can be risky to operate a boat include, but are not limited to, strong winds, lightning, fog, or dark clouds. In these circumstances, having a boat operator who is vigilant of any sudden changes in the weather condition and experience in handling such circumstances is important to lessen the risk of getting into a boat accident. Force Of Waves Or Wake Awake or force of waves is what a boat leaves behind as it cuts through the water at different speeds. Generally, a boat moving at a fast pace would leave a large disturbance of water which can cause forceful movement that leads to dangerous, even fatal accidents to the boat passengers or those around the boat. Boating accidents can occur due to various causes and lead to severe or even fatal consequences. However, boating accidents are not limited to operators or passengers of a boat. Boat accidents can also affect anybody in the water or those that have come in contact with a boat. Thus, it is important to be vigilant every time you are in a body of water. If you or a loved one is a party to a boating accident, you need a reputable lawyer to defend your rights vigorously. Our highly experienced injury lawyers are here to guide and help you in your case. Please call us at (225) 963-9638, or you can click here to contact us for a consultation. Our dependable personal injury lawyers can help you assess your situation, represent your claim, and answer any concerns you may have regarding your lawsuit.

Personal Injury

Do I Have to Buy Rental Car Insurance?

/

Do I Have To Buy Rental Car Insurance? As cities start to open after more than a year of pandemic lockdowns, tourists and travelers alike are starting to flock to the roadways with a lot of them using car rentals. If you use car rentals in Louisiana, it is essential to understand the insurance coverage requirements and protections outlined in the Louisiana Revised Statutes Title 22:1296. Under this Louisiana law, car insurance policies are required to cover rental car services availed of by the insured if the insured has at least comprehensive and collision or liability insurance coverage. Given this law, Louisiana does not mandate a renter to purchase a separate auto insurance coverage for their rental vehicles if they have an active insurance policy coverage as outlined above for their private vehicles. Is It Required That I Obtain Car Rental Insurance When Renting A Car In Louisiana? It depends. Under Louisiana law, it is not mandatory to obtain or possess car rental insurance to rent a car in Louisiana if the renter has an existing coverage for their vehicle or can present another source of comprehensive and collision or liability insurance coverage. Obtaining insurance from the car rental company is not required since your primary vehicle’s insurance policy typically transfers to your rental car as long as your car’s insurance is valid. However, if the renter does not have any insurance coverage or source of comprehensive and collision or liability insurance coverage, the renter would be required to purchase car coverage insurance from the car rental company. The rental car company is also required to verify the renter’s insurance and can be held liable if it fails to do so. Most major credit card companies provide complimentary comprehensive and collision or liability insurance coverage for rental cars if they used their card for the car rental transaction. Check with your credit card company if they have an applicable complimentary program for car rental insurance coverage. How Much Does A Car Rental Insurance Policy Cover? Typically, the car rental company’s insurance policy covers up to a one million dollar limit. However, the exact coverage can vary between providers, and it is crucial to understand the insurance policy of the car rental provider. Is It Good To Purchase Additional Car Insurance Coverage If I Already Have Insurance? It depends. There is a saying that “over insured is better than underinsured.” Although it rings some truth in certain situations, sometimes it is simply unnecessary. In order to determine whether additional car insurance coverage is worthwhile, it is essential to see if there is any overlap between the insurance coverage offered by the car rental company to your existing coverage. Some car rental insurance companies have other a la carte insurance that may cover certain circumstances that are not covered by your insurance policy. Some of these optional coverages include: Loss Damage Waiver (LDW) is technically not a coverage product. Instead, it acts as a waiver to relieve the renter of financial liability if their rental vehicle has been damaged or stolen. However, note that this waiver is voided if the accident is caused by the renter’s reckless driving or driving while intoxicated. Supplemental Liability Insurance is required by law for the car rental companies to provide state-mandated minimum liability insurance. However, the dollar amount covered and protection provided is minimal, so it is generally inadequate in the event of a severe crash. Personal Accident Insurance generally covers the driver and the passengers for any medical bills to attend to the injuries caused by the accident. Personal Effects Coverage protects individual items, including electronics and other personal things, stolen from the rental car. However, some of these incidents may be covered by other insurance you may already have, including but not limited to auto, medical, travel, credit card programs, or other applicable insurance policies. Which Insurance Policy Coverage Applies If I Am At-Fault In An Accident While Driving A Rental Car? In the unfortunate event that you got into the accident and are at-fault while driving a rental car, the coverage available to you will depend on the insurance policy coverage you have available to you. If you used your own insurance policy coverage for your private vehicle to apply on your car rental, then that insurance policy will be the primary insurance. This means that your own insurance policy coverage will be responsible for the accident you caused while driving your car rental. However, if you purchased insurance coverage through the car rental company it will serve as the primary insurance, even if this insurance is bought on top of your existing insurance coverage for your own private vehicle. Your personal insurance policy would be secondary in the event that the damages caused are in excess of the policy purchased from the rental car company. If you have been involved in a car accident in Louisiana, whether as a rental car driver, or against a rental car driver, you should speak with us. Our experienced personal injury attorneys have extensive knowledge in representing the interest of our clients in traffic accidents. Please feel free to give us a call at (225) 963-9638, or you can click here to contact us and schedule a free consultation.

Criminal Defense

Is DUI/DWI a Felony or Misdemeanor in Louisiana?

/

Driving under the influence (DUI) or while intoxicated (DWI) are serious offenses in Louisiana. Certain factors, including the driver’s Blood Alcohol Content (BAC) and the number of previous DUI/DWI offenses, can affect a charged person’s penalties. Given the severity of a DWI/DUI charge and the implications of the penalties, it is vital to have the proper representation of a dedicated criminal attorney to represent your case. What is Considered Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) in the State of Louisiana? Under Louisiana driving laws, Blood Alcohol Content (BAC) limits in operating a vehicle are as follow: All drivers must have a BAC of no more than 0.08%; Commercial drivers must have a BAC of no more than 0.04%; and Minor drivers, which are those under the age of 21, must have a BAC of no more than 0.02% Any BAC over the limits listed above is a DUI/DWI violation and is subject to criminal prosecution. Are DUI Offenses Considered a Misdemeanor or Felony Charge in Louisiana? In Louisiana, DUI/DWI offenses are categorized between felony and misdemeanor. First and second DUI/DWI offenses are classified as misdemeanor charges, while a third or more DUI/DWIs are charged as a felony. What are the Penalties for a Misdemeanor First DUI/DWI Offense in Louisiana? A person’s first DUI/DWI offense is classified as a misdemeanor in the state of Louisiana, and the court can impose the following penalties: A fine of $300 up to $1,000; Jail sentence from 10 days for up to 6 months; Suspension of driver’s license for 12 months; Restricted driver’s license, which can be immediately done at the time of arrest; and Mandatory installation of an IID (Ignition Interlock Device) on the driver’s automobile for the entire suspension period. However, the court can raise the sentence to the following if the driver’s BAC (or blood alcohol content) is higher than 0.20%: A fine of $750 for up to $1,000 Suspension of driver’s license for up to two years Other possible penalties that the court can impose includes: A minimum of 32 hours of community service; Mandatory attendance to a court-approved substance abuse program and driver improvement program What are the Penalties for a Misdemeanor Second DUI/DWI Offense in Louisiana? As stated above, a second DUI/DWI offense is still considered a misdemeanor in the state of Louisiana. The court can impose the following sentence for this offense: A $750 for up to $1,000 fine; Jail sentence from 30 days to up to 6 months; A probation period of up to 6 months, of which 48 hours must be served in jail; Mandatory community service of at least 240 hours; and Mandatory attendance to court-approved substance abuse and driver improvement programs. The following special penalty requirements are also imposed on second-time DUI/DWI offenders: An offender with at least a .15 BAC must serve at least 96 hours of their jail sentence; An offender with at least a .20 BAC must serve a mandatory 96 hours of their jail sentence, must pay a $1,000 fine, required to install an IID on their vehicle for at least three years, and their driver’s license is suspended for five years. What are the Penalties for a Felony Third DUI/DWI Offense in Louisiana? In the state of Louisiana, a third DUI/DWI offense is classified as a felony, and the court can impose the following sentence for such offense: A $2,000 fine; Imprisonment for one year and for up to 5 years, of which at least one year must be served without the suspension of sentence; A probation period of up to 5 years, of which one year must be served in jail; Mandatory community service of at least 240 hours; Mandatory attendance to court-approved substance abuse and driver improvement programs; Required substance abuse evaluation to determine the nature and extent of the offender’s addictive disorder, along with the mandatory inpatient substance abuse treatment for four weeks, in addition to the outpatient treatment of up to 12 months; and Mandatory installation of IID on all vehicles driven by the offender. What are the Penalties for a Felony Fourth or Succeeding DUI/DWI Offense in Louisiana? Similar to a third-time DUI/DWI offense, the fourth or any subsequent DUI/DWI offense is classified as a felony in the state of Louisiana. However, these type of offenses carries harsher penalties than the third offense and includes: A $5,000 fine; A prison sentence of at least ten years and up to a maximum of 30 years; Probation sentence of up to 5 years; 320 mandatory community service; A mandatory substance abuse evaluation to determine the nature and extent of the offender’s addictive disorder; and A required substance abuse inpatient treatment for four weeks, plus up to 12 months of outpatient therapy. Are My DUI/DW Offenses from Another State Within Ten (10) Years Counted in Determining the Severity of My DUI/DWI Charge in Louisiana? Yes, other DUI/DWI violations committed in other states are considered in classifying the current DUI/DWI charge committed in Louisiana. For example, suppose you are convicted of two other DUI/DWI offenses in another state. In that case, the previous charges are considered, and you will be charged with a felony third DUI/DWI offense even if this is your first DUI/DWI charge in Louisiana. Thus, committing a DUI/DWI is an offense that has profound implications and penalties. Moreover, other factors including but not limited to previous DUI/DWI offenses in other states can negatively impact a DUI/DWI charge and penalties. Therefore, you must have the proper representation of an experienced criminal attorney to advocate for your interest in a DUI/DWI case. If you or a loved one has been charged with a DUI/DWI offense in Louisiana, you should speak with us. Our firm has extensive knowledge and experience in DUI/DWI charges, and our attorneys can represent you on your DUI/DWI charges. Please feel free to give us a call at (225) 963-9638, or you can go to our website at  www.messerfirm.com to contact us and schedule a consultation.

Personal Injury

Determining the Value of a Lost Wage Claim After and Accident

/

  Determining The Value Of A Lost Wage Claim After And Accident People have to be aware of help with wage claims and help after a DUI arrest. In personal injury claims, including car accidents, lost wages are a critical factor in the settlement. Plaintiffs put forth these claims to get compensated for wages or earning capacity that they lost due to the injuries and the effect of the injuries they sustained from the accident. However, lost wages are calculated in various forms and dependent on the Plaintiff’s type of employment and wage arrangements. In addition, other similar claims, including loss of income and future earning capacity, are considered part of the settlement. These additional claims can also be calculated differently. The different calculations that may be applied in calculating lost wages for settlement purposes are as follows: Hourly Paid Employees Calculating lost wage claims for individuals that are paid on an hourly wage basis is pretty straightforward. However, note that this particular calculation applies only to individuals paid on an hourly basis and have a consistent or determined amount of work hours. The calculation is as follows: Take the hourly wage and then multiply by the hours missed due to the accident-related injuries. This number would be the total amount of lost wages incurred by the Plaintiff. Hourly Paid Employees With Variable Hours It is also essential to consider that while some individuals are paid hourly; some do not have a set amount of hours per week or period. In this instance, the calculation for lost wage claims would be: Take the average of the number of hours worked from the last two or three months. Then multiply that average amount of hours by the hourly wage. This number is the amount of lost wages incurred by the Plaintiff. It is also important to note that if overtime hours are included in the variable hours calculation, then the individual must provide documentation from their employer that overtime is a regular part of their work schedule. Failure to provide this documentation makes the overtime hours presumptive, and those overtime hours will be taken out of the calculation. Salaried Employees Salaried employees are compensated a fixed amount regardless of how many hours they work each week. Typically, these employees are paid a set amount for a 40-hour workweek even if they work for more or fewer hours. Moreover, overtime generally does not apply to these types of employees. To calculate lost wages for salaried employees: Take the yearly salary and divide it by 2,080, which is the number of work hours in a year Multiply the number from the calculation above by the hours missed due to your accident-related injuries; this number will be the amount of lost wages incurred by the Plaintiff. Independent Contractors Or Self-Employed Individuals, Or Self-Employed Business Owners Individuals classified as independent contractors, gig workers, freelancers, or self-employed business owners cannot technically claim lost wages since they do not receive wages. However, individuals under this classification can claim lost income as part of their damage settlements. To calculate the specific earnings lost by the Plaintiff, they must: Present documents such as a 1099 form, correspondence, invoice, or receipts that may show the amount of profits that they would have made if they were not injured in the accident. Loss Of Future Earning Potential Another aspect of a personal injury claim that may be related but not interchangeable with lost wage claims is the loss of future earning potential. This calculation centers on whether the Plaintiff has been left permanently disabled, rendering them unable to go back to their job, or having to scale down their hours, responsibilities, titles, or earning capacity due to the injuries they incurred on the accident. To qualify for loss of future earning potential, the Plaintiff must prove the legitimacy of their claim by: Showing proof of wages and income incurred before the injury. This can be established by providing tax returns, pay stubs, W-2s, 1099s, business profit, and loss statements, or employer statements. Proof of medical evidence showing the Plaintiff’s medical history, treatment reports, and expert testimonies may indicate that due to the injuries incurred by the Plaintiff from the accident, their current or future earning capacity has either been reduced or eliminated. The process of calculating the loss of earning potential is more complex than the loss of wage claims calculation. Such complexity is because more components are considered and examined in calculating the amount and the presumptive nature of some of these factors. Some of the components considered in determining the reasonable settlement value in a loss of future earning potential includes: The Plaintiff’s work profile; The Plaintiff’s earning history; The Plaintiff’s talents, skills, education, and abilities; The Plaintiff’s age and other physical and mental capabilities before the injury; The medical expert professional’s determination the extent of the injury; The injury’s relation to the nature of the Plaintiff’s job; The costs of additional training for a Plaintiff to return to work in a new field; Using the current market value and wage rates, the calculation would focus on the amount of income that the Plaintiff would earn today and in the future. As one can discern from the information provided in the article, calculating for loss wages, income wages, and loss of future earning capacity can be complicated. Thus, the assistance of a knowledgeable personal injury lawyer can help you ensure that the proper compensation is awarded in your case. If you or a loved one have been seriously injured in an accident that caused injuries that have affected your or their ability to earn a living, give us a call at (225) 963-9638, or contact us using the form below to arrange a free consultation so we can assess your claims. Our experienced personal injury attorneys can help you evaluate and prove your claim for lost wage, loss of income, or loss of future earning capacity so that you or your loved one can be rightfully and fully compensated for the

Personal Injury

What Does Louisiana’s “No Pay/No Play” Law Mean?

/

What Does Louisiana’s “No Pay/No Play” Law Mean? When it comes to making sure that you pay your car insurance, the state of Louisiana is serious. In fact, the state has enacted a law commonly referred to as “no Pay/No Play.” What this means is that if you fall on hard times and are unable to pay for car insurance, or accidentally miss a payment and lapse in coverage, you could face big financial consequences if you are in a car wreck in Louisiana. According to Louisiana’s No Pay/No Play law found at Louisiana Revised Statute 32:866, an uninsured or underinsured motorist in a not-at-fault Baton Rouge car wreck, is not allowed to collect the first $15,000 of bodily injury damages, and the first $25,000 of property damages from the at-fault party’s car insurance policy. You read that correctly. Louisiana is so serious about making sure that all drivers carry car insurance, that uninsured and underinsured motorists are on the hook for thousands of dollars in medical and property damages even if the car wreck they were in was caused by someone else. So If I’m Uninsured And Someone Causes A Wreck And Injures Me, Am I Completely Out Of Luck Your Car Was Hit When You Were Legally Parked. Parking lot accidents happen all the time. Baton Rouge motorists drive too fast in parking lots, are looking at their cell phones, or are otherwise distracted and hit parked cars. How is it your fault if you’re not even driving when your car is hit? Thankfully, the state of Louisiana recognizes that even if you don’t have car insurance, you shouldn’t be responsible for paying for any bodily injury or property damages if your car is legally parked at the time of an accident, even if you don’t have any car insurance, or don’t have enough insurance as is required by state law. If you’re an uninsured motorist and your car was parked while it was hit, call me so I can evaluate your case and help you win the insurance payments you deserve. The Other Driver Was Under The Influence Of Alcohol Or Another Mind-Altering Substance. If the at-fault driver was cited for driving under the influence at the time of the accident and is later convicted. Since the other driver needs to be convicted in order for this exception to apply, it is important to make sure that someone familiar with the legal system tracks the progress of the driver’s case to make sure that you don’t lose your rights because of some plea deal in the driver’s criminal case. As an experienced Baton Rouge attorney, I know how to stay on top of the at-fault driver’s case and the importance of staying in contact with the prosecutor to protect your rights. You’re An Out Of State Driver Who Was Passing Through Louisiana When You Were In A Baton Rouge Car Wreck. Louisiana may have strict insurance laws for its own motorists, but it recognizes it can’t enforce these laws on residents of other states. If you are an out of state driver whose state doesn’t require you to carry liability insurance and someone hits your car while you’re in Baton Rouge, you can get around Louisiana’s No Pay/No Play Law. I know it’s difficult to be dealing with a car wreck in another state, so trust me as your Baton Rouge personal injury attorney and I can deal with all of the local authorities for you. You Were Hit By Someone Who Was Breaking Certain Laws. There’s no doubt about it – Louisiana is tough on crime. That’s why the state’s No Pay/No Play Law doesn’t apply to uninsured or underinsured motorists if they were in a car accident caused by someone driving while intoxicated, someone who intentionally caused the Baton Rouge wreck (as is the case in certain road rage incidents), someone who fled the scene of the car accident or someone who was in the accident while also committing a felony. Thank goodness Louisiana recognizes that drivers like you who can’t afford car insurance shouldn’t be responsible for paying for bodily injuries or property damages if you were hit by a criminal! You Were A Passenger In A Car Of Someone Who Was Uninsured. If you’re riding in a car with a friend or family member who doesn’t have car insurance, it’s not your fault they aren’t properly covered. Louisiana recognizes this, which is why the No Pay/No Play Law doesn’t apply to passengers of uninsured or underinsured car accident victims. Don’t Let The Insurance Companies Tell You That You Don’t Qualify For Benefits. If you were in a car accident and are being told you can’t collect damages because of Louisiana’s No Pay/No Play Law, always get a consultation from a Baton Rouge personal injury attorney like myself, first. As you can see from the list above, there are several exceptions to this law, ones that I’m ready to help you pursue so you can get the damages you deserve. Call me today for a free consultation at (225) 963-9638.

Personal Injury

What is a Premises liability case?

/

What Is A Premises Liability Case? While you may not have known the legal name of a premises liability case, you read about these types of situations in the news all the time. Someone is at a store with wet a floor that isn’t marked, slips and falls, and is hurt. A dog bites a neighbor’s child while she is visiting their home. Or a worker is injured in an elevator or on an escalator that is not working properly at a department store. Basically, any time you are injured at a property that you don’t own, there’s a possibility that your injury may qualify for a premises liability case and that you may have a claim to be compensated. However, a Baton Rouge premises liability case isn’t simply based on the fact that you were injured on someone else’s property. These cases are based on negligence and the property owner or manager’s failure to reasonably ensure your safety while you were on their property. For example, let’s say you’re in at a store in Baton Rouge, you slip and fall, and break your leg. In order to win a premises liability case, you have to prove that the store was negligent. This may mean that the floor was wet – and the store knew it – but it wasn’t marked with a caution sign. Or it could mean that the store had uneven flooring or steps that weren’t properly marked and knew that they posed dangerous conditions. It could also mean that a floor was wet and the store didn’t know it because it had not bothered to check. In all of these scenarios, the store could be found negligent for your accident and be legally required to pay your medical bills and compensate you for your time off work and your pain and suffering. The same is true of dog bites. Perhaps you have a dog of a breed that is known to be vicious, like a pit bull. Or maybe you have a dog of a non-vicious breed, but it has a history of biting. If you know your dog has a history of biting and it bites someone again – even if your dog gets loose and bites someone in the middle of the street or in another neighborhood – you could be liable. Premise Liability Cases Can Get Personal While you always seem to hear about the premise liability cases that happen on commercial property, what you don’t hear about are the numerous cases that happen in someone’s own home while they are entertaining friends and family. And these cases can get personal. Part of the reason is that medical insurance companies demand they are compensated for medical bills related to an injury that was the result of someone else’s negligence. So, for example, if your sister trips and falls down broken stairs at your house, has to go to the hospital, and writes on the medical report that the accident happened at your house, her medical insurance company may force her to recover the cost of her medical bills from you, even if she doesn’t want to sue you! Unfortunately, these types of cases can rip families and friendships apart. Whether You’re the One Injured, or Someone is Injured on Your Property, You Should Always Speak with a Baton Rouge Personal Injury Attorney to Find Out Your Rights If you’re injured on another person’s or company’s property, or someone is injured at your house, you should always speak with a personal injury attorney like myself for a consultation. It’s a way to protect you and your interests, no matter which side of the fence you are on. If you need to speak to someone about a potential premise liability case, call me today at (225) 963-9638 or click here to contact us about a free consultation.

Scroll to Top
with GTM: