Immediately following an auto accident, check yourself and others for injuries. Stabilize the injured as best you can and call for emergency personnel. Take pictures of the accident scene, vehicles, and the roads. If you have any significant injuries, a trip to the emergency room is a good idea, either via ambulance or drive yourself. A good personal injury lawyer can arrange the rest for you, including: schedule appointments with treating physicians, file a claim with any insurance company that may provide coverage for the accident, gather the accident report and medical records, and finally negotiate a settlement or conduct a trial.

It can be done simply with a telephone call or a letter to the insurance company.  Some companies have online forms, others have local agents. To be thorough, you should send the adjuster a copy of the accident report and relevant medical bills.

One year. In Louisiana prescription (aka statute of limitations) runs after one year. If you do not file a lawsuit before one year, you will be banned from doing so.  Filing a claim does not count, only filing a lawsuit.

Always call the police to investigate. Meanwhile, gather the driver’s insurance information, take pictures of the vehicles and the scene; get several pictures from different angles near and far so we can tell where the cars struck, where they ended up, etc.

Negligence means failure to take proper care. If someone is not careful and injures you, they were negligent. Examples would include driving while looking at your phone, running a red light, failing to yield.

As soon as possible. Every case is different. Every case requires special care. You can learn generalities in FAQ such as this, but there are details only an experienced lawyer knows.

Ultimately a judge or jury determines fault. Short of that, the lawyers can negotiate a case based upon a settlement of who is at fault.

Hopefully you have UM (uninsured motorist) coverage. If so, your insurance company will cover your accident because the other driver was uninsured.  If not, you can pursue compensation from the driver personally.

Probably not. They always try and settle quickly and cheaply.

Special damages and general damages. Special damages are those we can specify a dollar amount, including lost income, property damage, and medical expenses. General damages are those we cannot specify a dollar amount, including pain and suffering, emotional distress, and loss of enjoyment of life.

Yes. Aggravation of a pre-existing injury is a common phenomenon in an accident. A good lawyer, with help from your doctors, knows how to differentiate the old injury from the new.

More than anyone else. As a passenger, you obviously did not contribute to causing the accident. So, the drivers of the vehicles (and their insurance companies) owe you compensation.

Hopefully you have UM (uninsured or underinsured motorist) coverage. If so, your insurance will provide coverage. If not, you could pursue what is called an excess judgment. This is when you get a judgment against the other driver personally in excess (and in addition to) the insurance limits. Additionally, we can often negotiate reductions of medical bills when insurance is limited.

Louisiana applies contributory negligence. We allocate fault proportionally to each driver. For example, if your case is worth $100,000 and you were 50% at fault, you could collect $50,000 from the other driver.

Try and note the license plate, make and model of the car, and any other helpful information for the police to find the perpetrator. If they are never found, hopefully you have UM (uninsured motorist) coverage. Your insurance would provide coverage for a hit and run.

Immediately following a truck accident, check yourself and others for injuries. Stabilize the injured as best you can and call for emergency personnel. Take pictures of the accident scene, vehicles, and the roads. If you have any significant injuries, a trip to the emergency room is a good idea, either via ambulance or drive yourself. A good personal injury lawyer can arrange the rest for you, including: schedule appointments with treating physicians, file a claim with any insurance company that may provide coverage for the accident, gather the accident report and medical records, and finally negotiate a settlement or conduct a trial.

There are a variety of ways to prove how an accident happened and who was at fault. Most big trucks have a black box, similar to airplanes. Some trucks have dash cameras. Tangible evidence can help too, such as photographs of the vehicle damage, tire marks on the road, and debris from the vehicles. A professional accident reconstructionist can use all of these things to give us a good idea of how it happened.

One year. In Louisiana prescription (aka statute of limitations) runs after one year. If you do not file a lawsuit before one year, you will be banned from doing so.  Filing a claim does not count, only filing a lawsuit.

Truck drivers drive long hours and long distance, so fatigue is probably the most common cause. Other causes include simple negligence, running a red light or stop sign, improper lane change, and distracted drivers.

Yes, a commercial driver’s license is required.

Yes, state and federal law govern drive time.

You can sue the truck driver, his employer, and their insurance companies.

Special damages and general damages. Special damages are those we can specify a dollar amount, including lost income, property damage, and medical expenses. General damages are those we cannot specify a dollar amount, including pain and suffering, emotional distress, and loss of enjoyment of life.

Louisiana applies contributory negligence. We allocate fault proportionally to each driver. For example, if your case is worth $100,000 and you were 50% at fault, you could collect $50,000 from the other driver.

First, let me offer my condolences. I am terribly sorry you and your family are suffering the loss of a loved one. Wrongful death lawsuits are procedurally the same as personal injury lawsuits. We compensate the family for their own emotional duress, loss of income, and loss of consortium.

The most important first step you can take is to contact an experienced Louisiana criminal defense attorney who will protect your interests and guide you through the legal system. The Jones Law Partners criminal defense attorneys have years of experience defending the rights of our community members, and we will be there for you every step of the way to fight for your rights and advocate for you.

1. Walking You Through The Legal Process: Once you sit down with one of our Louisiana attorneys to discuss all of the elements of your case, we will be able to explain in detail the legal process and all of your options going forward. 
2. Creating A Strategy For Your Case: You need a legal strategy that takes into account the details of your case and paves the way for a defense that will protect your rights and give you the best possible chance of vindication. 
3. Fighting For You In Court: If your criminal case does go to trial, you need to have an experienced trial attorney with experience in Louisiana criminal law fighting for you.

No. It’s always advisable to talk with your Louisiana criminal defense lawyer before you talk to the police. Then bring your lawyer with you to talk to the police, too.

Both drug possession and drug trafficking charges mean that you had a controlled substance on you without authorization to do so. Drug possession is just that – having a controlled substance without authorization. Drug trafficking, however, is having possession of that substance with the intent to distribute it or sell it.

If you are caught with a controlled substance without authorization, penalties in Louisiana are severe. Depending on the substance in question, you could face up to 30 years or more in prison and fines up to $250,000. This is especially true if you have a previous drug conviction or criminal conviction. Plus, if a firearm is involved with the drug trafficking charge, you can expect the penalties to be harsher.

Immigration law is the body of law governing the legal movement of people into and out of a country. This typically includes visas, permits, and other documents to enter or leave a country. Immigration law dictates who may enter the U.S., how long someone can stay, citizenship, and more.

There are many different types of visas issued by the United States government, including tourist visas, immigrant visas, and student visas.

There is a lot of confusion about the law and what it means to be an immigrant. Fortunately, immigration attorneys like those at The Jones Law Partners have dedicated their careers to assisting people with their immigration cases. We can help so that you will not have to do all the research yourself, and you’ll be able to confidently apply for visas or citizenship without fear of making mistakes.

In Louisiana, once you receive a removal notice, you will also receive a notice to appear (NTA) from Immigration and Customs Enforcement (ICE). This means that ICE believes you are here in the United States without authorization. A deportation hearing, otherwise known as a Master Calendar Hearing (MCH) and an individual hearing will each be scheduled. With changing immigration laws and a difficult immigration process, it can be very difficult to manage this hearing on your own. Hiring an experienced Louisiana immigration attorney is your best bet to successfully avoid removal.

A green card is a permanent resident card. It allows non-citizens to live and work in the U.S. In general, relatives who are eligible for a green card include:

• Spouses of U.S. citizens,
• Unmarried child(ren) under 21 years of age of a U.S. citizen, and 
• The parent(s) of a U.S. citizen.

Other family members are eligible as well, in the following order:

• Spouses and children (unmarried and under 21 years of age), followed by unmarried sons and daughters (21 and older) of green card holders;
• Married sons and daughters of U.S. citizens; and

Brothers and sisters of U.S. citizens (if the U.S. citizen is 21 or older).

One year. In Louisiana prescription (aka statute of limitations) runs after one year. If you do not file a lawsuit before one year, you will be banned from doing so.  Filing a claim does not count, only filing a lawsuit.

Yes. The law and procedure are very tricky. If you try and represent yourself, you will miss something, maybe something that costs you everything.

Nothing. We can organize everything you need. Of course, bring whatever information you have readily available, but we only need you.

Personal injury lawsuits can take a long time. My longest is three years. On average, they take one and a half years.

Potentially. There are only two ways to finish any case: settlement or court. If we cannot reach a settlement you like, we have to go to court and let the judge or jury decide.

Very likely. Most insurance companies do not settle cases until they get a chance to depose (interview) you. It is a very common event in lawsuits.

A deposition is the only mechanism available to lawyers to interview the opposing party. In a personal injury case, insurance lawyers use it to interview the plaintiff. It is a question and answer session, recorded by a court reporter, and formally “on the record.”  They usually take an hour or so. In depositions, everything is relevant, with few exceptions. Very little of deposition testimony ever makes it into the courtroom.

You file a Petition with the clerk of court. A Petition names and identifies the defendants, sets out the facts, and states a prayer for relief.  It is filed at the courthouse with proper jurisdiction (usually where the accident occurred or where a defendant is domiciled). It is served upon each defendant, whom file Answers. That starts a lawsuit.

That is an impossible question to answer. A case is valued based upon the type of injury, the severity of injury, the length of treatment, and a dozen other criteria. Without knowing all of those pieces, predicting a value for your case would be shooting in the dark. Don’t let a lawyer tell you what your case is worth. Don’t let a lawyer tell you how much they won for someone else as if your case is similar. For more information, here is a video response.

Once a specific fee is quoted, it will cover all of the work to be performed by our office. The fee does not  include expenses outside of our office, such as court costs, subpoena costs, property appraisals, etc. Those expenses typically range from $400 to $1,000.

The fees above are flat fees, not deposits. Most lawyers require a deposit against which they bill hourly rates. I do not like this method. I think hourly rates incentivize a lawyer to create billable hours. You surely want your case finished quickly and efficiently. A flat fee incentivizes me to do exactly that.

The quote I give will range depending on the nature and complexity of your case. The fee is intended to be fair to you and fair to me. It is dependent upon the time and expertise I anticipate committing to you.

If there are no minor children of the marriage, you must live separate and apart for 6 months.

If there are minor children, you must live separate and apart for 12 months.

There are exceptions to this rule: adultery, domestic abuse, abandonment, and imprisonment at hard labor.

Custody of children is decided under a “best interests of the children” standard.  Louisiana’s Civil Code gives 13 factors for a judge to apply when deciding custody cases. Here is a free pdf explaining those factors.[link a lead magnet]

Joint custody is preferred, with one parent being designated as the primary custodian. Louisiana law favors equal time for both parents. Since every case is unique, we have to craft a specific program that works for your kids.

Louisiana uses a child support worksheet that formulates child support for every case. We simply plug numbers into the worksheet. Those numbers include: a) the gross income of each parent, b) routine expenses of the child such as insurance and daycare, and c) income of the child.

One spouse usually has to move out. Typically, the children need to stay in their home. Likewise, the primary caregiver of the children would stay there with the kids.

Otherwise, use of the house during a divorce can be an issue for a trial. A judge would have to decide who needs it more, who can afford it, who has somewhere else to go, etc.

There are two forms of spousal support: interim support and final support.

Both are based on needs and ability. The need of the asking spouse versus the ability of the other to pay. The asking spouse must prove both that he or she needs financial assistance and that the other can afford to provide it.

Louisiana provides factors to help evaluate needs and ability. Here is a free pdf explaining those factors.

Interim support ends 6 months after divorce is finalized.

Final support can last until death or remarriage. But the judge can shorten it to a specific length.

Yes. Retirement earned during a marriage is a community asset. It is divided equally just like everything else. 401(k) or IRA styled retirements (ones with a present cash value) can be divided now to a dollar amount. Pension styled retirements (no present cash value) cannot be divided now. Instead, a formula is applied so that the retirement is divided and paid out upon retirement.

Some family law lawyers charge by the hour. I do not. I charge a flat fee, which depends upon the amount of work I anticipate. My fee ranges from $750 to $10,000.

I believe flat fees are better than hourly rates for several reasons. The main reason is a lawyer working on an hourly basis has a reason to create more work, and thus more billable hours. You may end up spending tens of thousands of dollars by the time a dishonorable lawyer finishes your case.