If I am in a motorcycle accident or automobile accident, who is responsible for the medical bills?

Typically the third party who is liable for the accident will be responsible for the payment of those medical bills either through a compromised settlement or judgment following a trial on the merits.

Should I talk to the insurance company for the liable party prior to hiring an attorney?

It is always a good idea to consult an attorney before talking to a party that is opposed to your goals. Keep in mind the insurance company’s priority is to protect their own bottom line, and they may not have your best interest in mind. Hiring a lawyer in a timely manner will help ensure the efficiency and effectiveness of your claim.

I was the passenger in a car that was involved in an accident. Do I have a legal right against the driver of the care I was riding?

Yes, it is possible depending on the circumstances of the accident.

I have been in an accident, but I do not have health insurance Can I still pursue my claim even though I cannot pay out of pocket for my medical expenses?

Yes. There are several options available to you. A lawyer can describe your options in detail to you and help you decide the best way to approach your case.

How long do I have following the accident following to preserve my claim?

You must file an injury claim within one year from the date of the accident. For example, if you are injured in a motorcycle accident on July 31, 2015, then one would have to file suit on or before July 31, 2016.

How much does hiring a lawyer cost?

This question depends on what type of claim you have. Our office usually charges 33% for an injury case prior to the filing of a lawsuit. After a lawsuit is filed the fee goes up to 35% and remains through the end of the trial. 

For Wills/Successions and DWI and other criminal matters I typically charge a one -time flat fee for my legal work, and addition any costs associated with the claim. The amount of the flat fee varies depending on the severity and complexity of your claim.  This is something that is usually discussed and agreed upon in our initial meeting.

To whom can I leave money when I am writing a will?

Unless you have heirs considered forced heirs under Louisiana Law, you may leave your money and property to anyone you like.  

What is a forced heir, and do I have to leave them part of my estate?

Under Louisiana Law, a forced heir is any child of the deceased who is under the age of 24 or has some physical or mental deficiency that makes the child unable to care for themselves. The amount you have to leave them depends upon the number of children you have. For example if you have three children and one is a forced heir, the forced heir must receive at least 1/3 of your estate.

Can I leave my son or daughter out of my will?

Yes, as long as they are not a forced heir.

Do I appoint someone to be responsible for making sure my will is followed?

Yes you can. Additionally, you may also name backups in case individuals are unable or refuse.

I was arrested for DWI, but I refused to “blow” (take the breathalyzer test) will my case get thrown out because there is no proof I blew over the legal limit of 0.08% BAC (blood alcohol content)

No, you will likely still be charged. The 0.08% BAC we are all familiar with only creates a presumption that you are impaired. If you do not blow, or even if you blew less (say you were high instead of drunk) the State can still use the evidence of the field sobriety tests, any statements you may have provided, and the video preceding the cop pulling your vehicle over.