The post Is It Possible To Get Out of Jury Duty? appeared first on Palmintier Law Group.
]]>However, while it’s essential and often mandatory, there are legitimate reasons that could lead you to seek an exemption from jury service. It’s important to understand how people are chosen for jury duty and how you can reschedule or get out of serving on a jury.
Selection for jury duty largely depends on specific eligibility requirements. In Louisiana, you must be a U.S. citizen and 18 years of age or older in order to serve as a juror. Additionally, past convictions can affect your eligibility for jury service, with certain criminal records potentially leading to disqualification.
Jury duty could appear to sneak up on you when least expected due to its random nature of selection. Courts recruit potential jurors from a large pool – which includes voter registrations, driver records, or other public sources – via a randomized process.
Some people may experience long durations between summons or never receive one, while others face repeated calls for duty within short timeframes. This randomness means you might be summoned for jury duty – for example, for a car accident case – during inconvenient times in your life.
If you’re called for jury duty in Louisiana, the circumstances of your life might not lend themselves to fulfilling this commitment. Understanding the most common ways jury duty is avoided is crucial.
Louisiana law recognizes that certain physical or mental conditions may inhibit a person’s ability to serve on a jury effectively. To advocate for an undue hardship exemption, being prepared with valid medical documentation supporting such claims is vital.
Sometimes, serving on a jury could disrupt your daily life significantly. This might take the form of excessive financial tolls due to missing work or major personal upheavals such as sole caregiver responsibilities.
Louisiana courts are more inclined to accept requests for excusal if it’s demonstrated clearly that serving will impose considerable hardships. This typically surpasses typical day-to-day inconveniences of missing out on work.
When requesting to be excused from jury duty based on undue or extreme physical or financial hardship, bringing evidence that supports your claim is necessary.
You may be required to show income tax returns demonstrating a clear financial strain should you miss work for jury service, medical statements, and notes attesting to dependencies requiring your constant care.
Should a medical condition inhibit your capacity to serve on a jury, submit an exemption request accompanied by documentation from your healthcare provider.
The doctor’s note should clearly outline the nature of your health condition and its impact on fulfilling duties as a juror. Upon receipt, court officials will scrutinize the evidence provided before arriving at their final decision about excusing you due to medical reasons.
Louisiana acknowledges certain circumstances that could exempt a person from jury duty. For example, if you’ve served on jury duty within the last two years or if you’re 70 or older, then you’re eligible for an exemption. However, these exemptions won’t apply by default. Each time you’re summoned for jury service, it is necessary to claim your above-mentioned exemption.
In cases where you’re eligible for jury duty but face scheduling conflicts, it might be possible to postpone your service. Complete the deferral form detailing valid reasons for delay, such as pre-booked holidays or unavoidable business travel, clearly mentioning conflicting dates. Requests like these are typically granted, although courts aren’t obligated and may only approve this deferment once.
While jury duty is an integral part of our judicial system in civil injury and wrongful death cases as well as criminal cases, it’s important to remember that there are legitimate ways to excuse yourself if circumstances affect your ability to serve. Understanding this process can help alleviate the stress and apprehension attached to receiving a jury summons in Louisiana.
If you’ve been injured in an accident in Baton Rouge, Louisiana, and need legal help, contact our Baton Rouge personal injury lawyers at Palmintier Law Group to schedule a free consultation today.
Palmintier Law Group
618 Main St, Baton Rouge, LA 70801, United States
(225) 344 3735
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]]>The post Car Accidents Caused By Brake Checking In Louisiana appeared first on Palmintier Law Group.
]]>Brake-checking is dangerous, but it can also be challenging to prove. A car accident attorney can help make the process of recovering compensation for injuries caused by brake checking easier.
Brake checking is the practice of intentionally slamming on the brakes to alarm or scare the driver behind you. Brake checking is most often done as a form of road rage. If one driver is mad at another, they might maneuver in front of the other’s car and slam on the brakes.
In some cases, a driver might use brake checking because they think they’re being followed too closely by the other driver. In this sort of situation, brake checking is used as a dangerous way of telling the other driver to leave more space between the two vehicles.
Finally, sometimes brake checking doesn’t have anything to do with road rage. Young or inexperienced drivers sometimes think it’s amusing to cause alarm to other drivers on the road. Brake-checking or engaging in other unsafe driving practices for entertainment is dangerous.
It’s worth noting that sudden braking isn’t always an instance of brake checking. A driver might suddenly brake to avoid an object on the road or because the cars ahead are also braking. They might also be an inexperienced driver still getting used to being gentle with the brakes. The intention is key when it comes to determining whether another driver is brake-checking.
Brake checking is a highly dangerous practice that frequently results in car accidents. This may lead you to wonder, “Is brake checking illegal in Louisiana?” The practice is illegal in Louisiana and in most other states. However, you won’t find the term “brake checking” used in Louisiana driving laws. Instead, brake checking is one of the many dangerous driving practices that fall under the umbrella term of “reckless driving.”
If a police officer witnesses one driver intentionally brake-checking another, they can pull them over and ticket them for reckless driving.
A reckless driving ticket in Louisiana brings consequences that include:
There’s usually not a police officer around at the moment a brake-checking crash occurs. As a result, it often comes down to your word against the word of the other driver — and they’re not likely to admit they were engaging in an illegal and dangerous driving maneuver at the time of the crash.
Louisiana drivers are expected to maintain control of their vehicles. They’re also expected to leave enough room between their car and the vehicle ahead to stop quickly, even if the driver ahead brakes suddenly. When a rear-end accident occurs, the driver in the back is usually the one deemed to be at fault because their car made contact.
When the driver ahead intentionally brake-checks the driver in the rear, determining fault becomes more complicated. One exception to the above rule is that when the other driver was breaking a driving rule — like driving recklessly — they can be found fully or partially at fault for the crash.
However, it’s not easy to prove that a reckless driving maneuver like brake checking was the cause of the crash. The other driver is unlikely to admit the truth and take responsibility for their actions. That means it’s essential to hire a Louisiana car accident lawyer to conduct an investigation and prove the other driver caused the crash.
A key part of a Louisiana car accident driver’s job is to prove negligence. Once you prove the other driver was at fault for the crash, you’re usually eligible to recover injury compensation through the other driver’s car insurance policy.
In some types of accidents, it can be easier to prove fault, like if a drunk driver caused the Louisiana car accident. In a situation like this, there’s evidence that the other driver broke the law and caused an accident as a result.
A brake-checking crash is not that sort of accident. It’s difficult to prove that the driver in front caused a rear-end brake-checking accident. A lawyer needs to conduct an investigation and try to collect evidence proving that brake-checking was a factor in the accident.
Steps a lawyer might take to prove brake-checking occurred include:
If your Louisiana car accident lawyer can build a case for liability, they’ll file a claim and work to negotiate a settlement with the other driver’s insurance company.
Because proving fault is particularly challenging after a brake-checking collision, your actions after the crash are extremely important. You should attend a free consultation with a Louisiana car accident lawyer as soon as possible and wait to see what a lawyer says before speaking to an insurance agent.
You shouldn’t have to pay the price for another driver’s road rage. Unfortunately, that’s a common outcome of brake-checking accidents. It can be extremely difficult to prove that the other driver was at fault for a rear-end crash that happened due to brake checking.
It’s always worth fighting for justice after a Louisiana car crash. If you’ve been involved in a brake-checking accident, collect witness information and call a Louisiana car accident lawyer immediately. Without legal representation, there may be little you can do to hold the other driver accountable for their actions.
If you’ve been injured in an accident in Baton Rouge, Louisiana, and need legal help, contact our Baton Rouge car accident lawyers at Palmintier Law Group to schedule a free consultation today.
Palmintier Law Group
618 Main St, Baton Rouge, LA 70801, United States
(225) 344 3735
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]]>The post What Does a Car Accident Lawyer Do? appeared first on Palmintier Law Group.
]]>After a car accident, many individuals feel devastated and unsure of their rights. Car accident laws vary from state to state, making it essential to have someone on your side who understands the legal nuances.
You shouldn’t have to bear the financial burden if you were not at fault for the accident. Under Louisiana law, the at-fault party is liable for damages caused by the accident. However, navigating these laws can be complex. That’s where a car accident lawyer can be invaluable. Your car accident lawyer will steer you through the legal maze and ensure you know your rights.
In the aftermath of a car accident, you may receive conflicting advice from various sources, such as friends, family, or the internet. This advice must be clarified, giving you certainty about the best action. Seeking legal counsel from a car accident lawyer is often the wisest choice.
Car accident lawyers specialize in this area of law and have extensive knowledge and experience. They can provide you with tailored suggestions based on the specifics of your case. Having an attorney on your side ensures you make informed decisions to pursue full financial recovery.
Recovering from a car accident is a complex process that involves more than just physical and emotional healing. It also entails obtaining financial compensation for the losses you have incurred. But, negotiating with insurance companies can be daunting, as they often try to minimize payouts.
This is where a car accident lawyer comes in. Their role is to build a strong case on your behalf by investigating the details of the accident, gathering critical evidence, and filing a claim with the at-fault driver’s insurance company. If the insurer attempts to offer a low settlement, your attorney will negotiate aggressively to ensure you receive a fair and just compensation amount.
Car accident lawyers go above and beyond to build a compelling case for you. This often involves tasks that might take time to come to mind. They investigate the accident thoroughly, including calling upon outside experts. Some examples include retired police officers or private investigators to recreate the accident scene if necessary.
Your lawyer will visit the accident scene, collect evidence, and obtain vital documents, such as your accident report and medical records. They’ll assess the full extent of your damages, considering immediate costs and future expenses related to medical treatment, lost wages, and emotional distress.
While most car accident cases settle before going to court, having a car accident lawyer by your side is essential if your case proceeds to litigation. Experienced attorneys are well-prepared to handle court proceedings. They understand the elements required to win a case and will fiercely advocate for your right to compensation.
Insurance companies may employ various tactics to minimize payouts, but a skilled lawyer will be ready for any challenges they present. Rest assured that you’re in capable hands with the right attorney throughout the legal process.
Many car accident attorneys work on a contingency fee basis, meaning you only pay them if you receive compensation. This ensures you’ll always come out ahead and never have to pay your lawyer directly.
While it’s possible to represent yourself after a car accident, it’s not advisable. Just as you wouldn’t perform surgery on yourself, seeking professional legal help is crucial in securing the compensation you deserve.
If you’ve been injured in an accident in Baton Rouge, Louisiana, and need legal help, contact our Baton Rouge personal injury lawyers at Palmintier Law Group to schedule a free consultation today.
Palmintier Law Group
618 Main St, Baton Rouge, LA 70801, United States
(225) 344 3735
The post What Does a Car Accident Lawyer Do? appeared first on Palmintier Law Group.
]]>The post FAQs: Car Accident Reports In Louisiana appeared first on Palmintier Law Group.
]]>This report can provide valuable information to you and your injury lawyer as you pursue an injury claim. Although the report itself typically does not constitute admissible evidence, it can provide leads that help your attorney build your case for compensation.
Many car accident victims have little or no experience dealing with injury claims and other aspects of their crash. Here are some answers to frequently asked questions about Louisiana car accident reports.
Many accident victims wonder, “How long do you have to report a car accident?” Under Louisiana law, you must “immediately give notice” to the police of any accident that causes:
Truck drivers and trucking companies must immediately report all trucking accidents regardless of the outcomes caused. The law does not define “immediately.” But this generally means you must call the police while still at the accident scene. If you wait until after you leave the scene, you are probably breaking the law.
If you violate the reporting requirement, you face a fine of up to $25. The state will also suspend your driver’s license for up to 30 days. For purposes of determining the punishment, a late report is the same as a non-report.
The duty to report falls on the driver. If the driver’s injuries prevent them from reporting the crash, a passenger must report it.
You must file a police report whenever the property damage suffered by any one person exceeds $500. This includes non-motorists as well as the state. Thus, you must report a crash if you cause $500 in damage to someone’s fence or the state’s guardrails.
Car accident reports summarize the crash investigation. These reports include the name, address, and insurance information for each driver. They also include a list of witnesses and any citations issued by the police. Finally, the officer includes a narrative summary of what happened, diagrams, and photographs of the accident scene.
Car accident reports are confidential in Louisiana. Only certain parties can obtain the full and unredacted copy of the crash report.
Parties that can access full crash reports include:
Before you can get a copy of your unredacted accident report, you must attest that you fall into one of these categories.
The process for getting a crash report depends on the jurisdiction that investigated your crash. You can request crash reports from the Louisiana State Police using their online portal. The East Baton Rouge Sheriff’s Office processes online crash report requests using a third party. The Baton Rouge Police Department requires you to request reports in person or by mail.
Accident reports provide valuable information. When you visit an injury lawyer, take a copy of your crash report with you. It will help the lawyer quickly understand what happened and what rights you might have. The lawyer will use the report as the starting point for your insurance claim.
If you’ve been injured in an accident in Baton Rouge, Louisiana, and need legal help, contact our Baton Rouge personal injury lawyers at Palmintier Law Group to schedule a free consultation today.
Palmintier Law Group
618 Main St, Baton Rouge, LA 70801, United States
(225) 344 3735
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]]>The post Should I Hire a Lawyer After a Minor Car Accident in Baton Rouge, LA? appeared first on Palmintier Law Group.
]]>In this blog post, we’ll shed light on the key reasons to consult a lawyer — even if the accident seems insignificant.
Car accidents happen every day. The state of Louisiana reported around 150,000 crashes in 2022 alone. The CDC reports that over 100 fatal crashes occur each day.
It is difficult to know whether a minor car crash resulted in an injury. You can protect yourself and seek compensation for any injuries you incurred by hiring a lawyer.
Here are a few reasons to seek legal advice:
Dealing with the aftermath of a car accident can be stressful. Having an experienced personal injury lawyer by your side provides peace of mind. An attorney can identify opportunities for you to be compensated, help you build a claim, and fight for your recovery.
There are a few things that you can do to protect yourself after a minor car accident:
Louisiana law requires that a crash be reported to the local police department (or sheriff if the crash happened in an unincorporated area). Report it immediately if it results in injury, death, or apparent property damage exceeding $500. To be safe, consider calling 911 after any type of collision.
Exchange names, addresses, registration numbers for the vehicles involved, and, if possible, driver’s license information. This is also required by Louisiana law.
Do not admit fault either to the other party or to the police. Your attorney will gather the facts on liability. Admitting fault can jeopardize your recovery, especially under Louisiana’s comparative fault law.
Since you may not be aware of your injuries immediately, you should see a doctor to identify any injuries that you may have missed. These injuries can get worse over time, so it is important to identify them early on and include them in a claim for compensation.
Louisiana requires the state police, local police departments, and sheriff’s offices to provide copies of crash reports to the Department of Transportation within 48 hours of completing their investigation. You can request these reports for a minimal fee, usually $5 for a two-page report.
The other party in the accident may have already hired a lawyer who is trying to offer you a low settlement. A skilled car accident lawyer will negotiate with both insurance companies and the opposing party to maximize your recovery.
Most personal injury attorneys work on a contingency fee basis. This means that you do not owe any attorney fees upfront. Instead, they only get paid if you receive compensation, usually a percentage of the recovery in the case. This motivates the attorneys to maximize your recovery and makes legal representation accessible to everyone.
While minor car accidents may seem insignificant at first, an attorney can help uncover hidden injuries, ensure a proper medical evaluation, preserve essential evidence, handle insurance companies, and navigate the legal process if your injuries worsen.
Our dedicated team is here to assist you, whether your car accident is minor or severe. Don’t hesitate to reach out to our Baton Rouge car accident attorneys for a free consultation.
If you’ve been injured in an accident in Baton Rouge, Louisiana, and need legal help, contact our Baton Rouge personal injury lawyers at Palmintier Law Group to schedule a free consultation today.
Palmintier Law Group
618 Main St, Baton Rouge, LA 70801, United States
(225) 344 3735
The post Should I Hire a Lawyer After a Minor Car Accident in Baton Rouge, LA? appeared first on Palmintier Law Group.
]]>The post What Is a Tort Claim? appeared first on Palmintier Law Group.
]]>The term “tort” is legal jargon for a wrongful act. When someone commits a tort against you, you may then have the right to pursue legal action against them. If they are found liable in a court of law, they may be required to pay money damages to compensate for their losses.
A tort claim is one type of civil lawsuit. It’s essential to clarify that this is different from a criminal case. In a tort claim, the person at fault may be required to pay you monetary compensation, but they won’t face criminal charges like jail time. You initiate this legal action yourself in civil court, meaning there’s no need for police or prosecutors to get involved.
Tort law encompasses various forms of wrongful acts:
Any of these tort claims can lead to an award of money damages.
Here are some illustrative real-world examples of situations where you could file a tort claim:
These real-world examples of tort claims are common instances where damages may be available for victims.
In a successful tort claim, you can potentially recover money for various types of damages. The two primary categories are called economic and non-economic damages. Specific examples include:
The amount you might recover will vary depending on your specific circumstances. Consulting an experienced personal injury attorney can help you gauge what you may be entitled to.
Though hiring a lawyer to file a tort claim is not required, it’s highly advisable. Tort law can be intricate, and an experienced attorney can guide you through the complexities. They can handle all the necessary paperwork, negotiate settlements, and, if necessary, represent you in court to get you the full compensation you rightfully deserve.
Each state sets a specific time frame, known as the statute of limitations, within which you must file a tort claim. In Louisiana, you generally have just one year to bring a personal injury claim against the at-fault party. There are exceptions for some cases, however.
After an unfortunate incident causing harm, you may find yourself choosing between filing a tort claim and an insurance claim. The two aren’t mutually exclusive and can often work in tandem to get you the maximum compensation:
Consulting an attorney can clarify how to strategically approach both types of claims for your benefit.
A tort claim could be your pathway to financial recovery if you’ve suffered harm or property damage due to another party’s negligence or intentional actions. Given the complexities of tort law, partnering with an experienced personal injury attorney is highly recommended.
They can evaluate your case, explain your legal options, ensure timely filing, and fight to get you the compensation you deserve. Setting up a free initial consultation is the first step.
If you’ve been injured in an accident in Baton Rouge, Louisiana, and need legal help, contact our Baton Rouge personal injury lawyers at Palmintier Law Group to schedule a free consultation today.
Palmintier Law Group
618 Main St, Baton Rouge, LA 70801, United States
(225) 344 3735
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]]>The post 9 Things You Should Know About a Free Lawyer Consultation appeared first on Palmintier Law Group.
]]>It’s important to know what to expect and how to get ready for your free consultation. This first meeting with a lawyer is your chance to learn about your legal choices in an easy-going, no-pressure setting. A free consultation is the perfect opportunity to understand more about your situation without any commitment.
If you’re thinking about legal action after an accident, it’s important to talk to a lawyer quickly. There’s a rule called the ‘statute of limitations‘ which sets a time limit for starting a lawsuit after an accident. In Louisiana, this time limit is one year from when the injury happened. This applies to all types of cases, including car accidents, slip and falls, assault, defamation, strict or product liability, and even wrongful death.
Getting a good lawyer fast is crucial. They can help you start your case and avoid big mistakes that might cost you. Remember, even if you got hurt because of someone else’s mistake, the one-year deadline could drastically impact your claim.
When you want to get money for your injuries, it makes sense to talk to a personal injury lawyer for free. But remember, these lawyers have different skills in different areas, so it’s key to find one who knows your type of case well.
For example, if you have a medical mistake case, you need a lawyer who specializes in medical malpractice. If you damaged your spinal cord in a car crash, look for a lawyer who has dealt with car accidents and spinal cord injuries.
Personal injury lawyers work on many kinds of cases, but not every lawyer handles the same issues. To save time, make sure to find out if a lawyer is the right fit for your specific case before setting up a meeting.
When you go for a free consultation with a lawyer, having some documents and proof with you can help the lawyer see if you have a good case.
Here’s what you might take along:
You can still set up the meeting if you don’t have all this evidence yet. However, having this information can make your consultation more useful.
It’s a good idea to write a detailed account of how the accident happened. Even small details can help a lawyer figure out who’s at fault. Also, make sure to keep track of how your injuries have affected you and your family. This information will help the lawyer understand what your case might be worth.
Always talk to a lawyer first before talking to an insurance agent. Insurance companies want to save money, and even though agents may seem friendly, their job is to protect the company’s interests.
The best way to safeguard your finances is by consulting an attorney. If you hire a personal injury lawyer, they’ll handle communications with the insurance company for you.
Most personal injury lawyers have similar payment plans, but the percentages they charge can differ. Some lawyers won’t ask for money upfront, while others might need you to cover some costs.
During your consultation, ask about the fees and ensure you understand how the lawyer’s payment arrangement works.
Your first meeting with a personal injury lawyer is not just about them understanding your case. It’s also about you getting to know how the process works. Before you meet your lawyer, jot down any questions you have in your mind.
Here are some topics you might want to ask your potential lawyer about:
To make the most of your consultation, having your questions ready is a good idea. Don’t worry; there’s no such thing as a bad question.
Once you’ve explained what happened and your injuries to the lawyer, they’ll talk to you about whether your case is worth pursuing. Not every case needs a lawsuit, and not all of them result in money from insurance companies. It’s better to find out now if your case isn’t strong enough. If that happens and you still want to continue, consider seeking a second opinion.
Sometimes, the lawyer may refer you to another attorney. This can happen if your case falls outside their area of expertise or if there’s a different type of lawsuit you can join. A trustworthy lawyer knows their limits and won’t take cases just for money. If they refer you elsewhere, they likely understand why that attorney better fits your situation and can provide different help.
When you go to a free consultation with a personal injury lawyer, you’ll find out that they usually work on a “no win, no fee” basis. This means they only get paid if they win your case. And the more they win for you, the more they earn. So, a personal injury lawyer has no reason to mislead you.
Most of the time, a lawyer will give you an honest assessment of your case. Your job is to pick the lawyer you feel most comfortable working with.
When you are ready to move forward, contact an experienced personal injury attorney for a free consultation.
If you’ve been injured in an accident in Baton Rouge, Louisiana, and need legal help, contact our Baton Rouge personal injury lawyers at Palmintier Law Group to schedule a free consultation today.
Palmintier Law Group
618 Main St, Baton Rouge, LA 70801, United States
(225) 344 3735
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