Acts 322 and 411 extended prescriptive periods and created causes of action for two different types of sexual abuse tort claims.

Act 322 amended the prescriptive periods found in Louisiana Revised Statutes 9:2800.9 to remove any time period within which a suit for damages for the sexual abuse of a minor must be filed. The statute now reads:

(A)(1) An action against a person for sexual abuse of a minor, or for physical abuse of a minor resulting in permanent impairment or permanent physical injury or scarring does not prescribe.

(2) An action against a person convicted of a crime against the child does not prescribe and may be filed at any time following conviction…

A crime against a child is defined in the Children’s Code, Article 603(12) as any of the following: Homicide, Battery, Assault, Rape, Sexual battery, Kidnapping, Criminal neglect, Criminal abandonment, Carnal knowledge of a juvenile, Indecent behavior with juveniles, Pornography involving juveniles, Molestation of a juvenile, Crime against nature, Cruelty to juveniles, Contributing to the delinquency or dependency of children, Sale of minor children, Human trafficking, Trafficking of children for sexual purposes, and Female genital mutilation.

This Act also revives any claim described above which may have already prescribed for a period of three years from the effective date of the act (June 14, 2021). This means that any claims arising under the circumstances above that may have prescribed under prior versions of the law now have 3 years from June 14, 2021, to be filed and litigated.

Act 411 creates Louisiana Civil Code Article 2315.11 establishing exemplary damages for the tort of sexual assault in the workplace. These exemplary damages are only applicable to the perpetrator, not their employer. If a claim under this provision is found to be frivolous or fraudulent, the plaintiff shall be cast with costs and attorney fees for the defendant and may also be sanctioned by the Court. The prescriptive period for this offense is 3 years from the date of the offense or from the date the plaintiff is notified by law enforcement of the identity of the perpetrator, whichever is later. Finally, this statute draws its definition of sexual assault from La. R.s. 46:2184: ““sexual assault” means any nonconsensual sexual contact including but not limited to any act provided in R.S. 15:541(24) or obscenity (R.S. 14:106).”

If you or someone you know is facing accusations of sexual assault, give us a call at (318) 459-9111 to set up a c consult.

LSU publishes multiple forms that allow you to look at traffic accident data beginning in 2015 and updated through the end of 2020. You can find the all of the various spreadsheets here, but the Traffic Information Overview is pictured below:

Overall, miles traveled and licensed drivers have increased in the last year, while the population remained stable. Crashes with injuries decreased by 10% between 2019 and 2020, but fatal crashes increased by almost the same percentage.

If you or someone you love has been injured in an automobile accident and you have questions about what to do next, contact us at (3180 459-9111 to set up a consult.

Our fees are set on a case-by-case basis. If you call to schedule a consult, we will usually not quote a fee until after we have met with you to discuss your case. This is because each case is different. We will normally handle civil cases on a contingent fee basis. This means that no attorney fees are due unless and until we receive a settlement or judgment in your case. In criminal cases, we charge flat fees or hourly rates depending on the nature of the case and the complexity of the litigation involved.

During our consults with our clients, we take the time to talk with them in detail about the facts of the case, their concerns about the case, what they can expect from the proceedings, and their ideal resolution of the case. At the conclusion of our consult, we quote and discuss fees with our clients.

If you are seeking an attorney for a criminal charge or a civil case, call us at (318) 459-9111 to set up a consult.

Medical Payments insurance, or med-pay, is usually an addition to a liability insurance policy that provides money in the event the insured is involved in an accident which causes him physical injury for which he has to seek medical treatment.

Med-Pay coverage is a great way to pay for medical expenses after you have been in an accident because it will pay for your medical expenses regardless of whether or not you were at fault for the accident. 

Medical Payments coverage will also provide coverage to other passengers in your vehicle who have been involved in an accident and to individuals who have been involved in an accident with you.

If you have been involved in an accident and are not sure what to do next, give us a call at (318) 459-9111 to set up a consult.

UM Insurance is uninsured or underinsured motorist insurance. It is usually an optional addition to a liability policy. Liability insurance is insurance an individual purchases to provide coverage in the event that he causes damage to another person. Uninsured/Underinsured motorist insurance, unlike liability coverage, which provides coverage to the other driver, provides insurance coverage to the purchaser if he is involved in an accident with a driver who has either no insurance or insufficient insurance to compensate him for his damages.

UM insurance kicks in when another driver is at fault for an accident, but that driver has no insurance or has policy limits that are smaller than your damages.

In Louisiana, the minimum coverage allowed for a liability policy is $15,000 per person/$30,000 per accident. If you are injured in an accident with more than a minor soft tissue injury, these minimums are very unlikely to adequately compensate you for your medical expenses, lost wages, and emotional distress damages to which you are entitled. UM coverage steps in to cover you for the loss. 

In Louisiana, UM coverage must be actively declined by the purchaser of an insurance policy. Unless you decline this coverage, or reduce the amount of coverage, it will provide you UM coverage in the same amount as your liability coverage. We recommend that our clients not reject UM coverage. It provides additional protection to you in the event you are in an accident with one of the 12-14% of the population in Louisiana who is uninsured. 

If you have been in auto accident and you are unsure of what steps you should take next, give us a call at (318) 459-9111 to set up a consult.

Immediately after the accident:

Immediately following a car accident, if the vehicles are drive-able and it is safe to do so, you should remove them from any traffic they are blocking. You should not, under any circumstances, leave the general area of the accident; however, because you may be charged with a hit and run or with leaving the scene of an accident. 

Even if the accident occurred on private property, you will likely want to contact law enforcement. This will ensure that a report documenting what happened is created, which is useful if litigation will follow your accident. 

If you or the other people involved in the accident are injured, you should call for emergency medical services. 

Make sure you have your driver’s license, proof of insurance, and registration available to show the law enforcement officers who arrive on scene and exchange that information with the driver(s) of the other vehicle.

Also, take pictures and document the damage to all vehicles involved in the accident, as well as the scene, if it is safe to do so. Law enforcement will usually not do this and this information is incredibly helpful in resolving any property damage or injury claims resulting from the accident. 

If you are visibly injured, you should also photograph those injuries immediately and as the injury progresses or heals. 

Call your insurance company and the insurance company for the other driver(s) involved in the accident and report it.

After the initial report:

If you need additional medical treatment, you should follow-up with a doctor as soon as possible. If you do not have a general practitioner, visit your local urgent care or ER. Make sure you then follow the instructions they give you regarding medication, follow-up treatment with your own physician, or referrals to other physicians.

If your injuries are soft-tissue, you may want to follow-up with a chiropractor who can assist in easing those injuries and get you back on your fee more quickly. A good chiropractor can also help you to locate another doctor if your injuries are more severe than you originally suspected and ensure that you get the right treatment for your injuries.

If you have been in an accident and suffered injuries, we would love to discuss your options for resolution with you.

Sometimes it can be difficult to negotiate with your insurance company (or the other driver(s)) on your own behalf. If you or a loved one has been in an accident and you’re not sure what to do next, give us a call at (318) 459-9111 to set up a consult.