The post 3 important rules that apply to Louisiana personal injury suits first appeared on Law Offices of Mark D. Frederick, LLC.
]]>Oftentimes, people that reach such conclusions do not have accurate information. In Louisiana, as in other states, there are very clear rules that apply to personal injury lawsuits. Those who believe they deserve compensation because another party has caused them harm can only take legal action successfully in very specific situations and must do so carefully to ensure that they comply with the law. For example, the three standards below can have a profound impact on personal injury claims pursued in the Louisiana civil courts.
For someone to have a viable personal injury claim, there needs to be documentation affirming the allegation that they have suffered a loss. Specifically, they will usually need evidence of the financial losses generated by the situation. Losses that people can claim in a personal injury lawsuit include lost wages and future earning potential, medical expenses and sometimes property damage losses as well. Evidence of sizable financial consequences can make a big difference for those hoping to pursue a lawsuit.
The rules about personal injury claims do not just require verifiable financial losses. The plaintiff needs evidence supporting their claim that the defendant is to blame. Typically, civil litigation is only an option if someone broke the law, violated a contractual agreement or did something obviously negligent.
Louisiana has one of the most restrictive statutes of limitations for personal injury lawsuits in the United States. Those hurt by another party can take legal action, but they must do so very quickly or risk losing the right to ask the courts to review the case. A personal injury lawsuit is subject to a one-year statute of limitations. In other words, if someone waits more than 12 months after they get hurt to file the lawsuit, then they will typically lose the right to seek compensation in civil court.
It is only by carefully adhering to the rules for personal injury lawsuits that those harmed by others can seek financial justice successfully. Learning more about Louisiana’s unique personal injury rules may benefit those what are worried about the financial consequences of a recent injury caused by another’s actions or inactions.
The post 3 important rules that apply to Louisiana personal injury suits first appeared on Law Offices of Mark D. Frederick, LLC.
]]>The post 3 rules for co-parenting communication to reduce stress first appeared on Law Offices of Mark D. Frederick, LLC.
]]>It will take practice to establish better communication skills and reduce the conflict that the parents are used to now that they are caring for their children together in new ways. Here are several tips for those who are adjusting to a new co-parenting relationship that can help them improve their communication skills.
One of the best ways to ensure that people remain calm and reasonable while communicating with their co-parent is to commit to a written record of all conversations. If someone knows there will always be a written record of what they say, they may think a little more carefully before communicating with their co-parent. It can be beneficial to have all discussions about custody matters in one place, which is why many co-parents turn to specialized apps. Additionally, having a written record to refer to can prevent gaslighting and miscommunication from damaging the relationship.
Especially in the early days of co-parenting or when there are unique challenges, like the involvement of a new romantic partner, it is easy to end up focusing on the relationship between the parents and their history with one another instead of on the children. Parents need to recognize that their disputes with one another have to remain separate from their relationship as parents. They must continue to cooperate with one another for the benefit of their children for the rest of their lives. Keeping with conversation focused on the children and not conversing about personal topics can reduce the likelihood of intense emotional disputes.
One of the ways that parents may feel like they have power over the situation when co-parenting involves intentionally not sharing details about the children with the other parent. However, they may not only sabotage their co-parenting relationship but also damage their relationship with the children by engaging in such behavior. Relevant information about a child’s relationships, education and health should not be something people use as leverage in their relationship with a co-parent. Being honest and transparent about relevant information as soon as is appropriate is crucial to maintaining healthy communication and a cooperative co-parenting situation.
Trying to maintain healthy communication skills and to rebuild a positive and cooperative relationship can take some of the stress out of shared custody for parents and can also protect children from the emotional damage often associated with parental disputes.
The post 3 rules for co-parenting communication to reduce stress first appeared on Law Offices of Mark D. Frederick, LLC.
]]>The post 3 parenting issues that could lead families back to court first appeared on Law Offices of Mark D. Frederick, LLC.
]]>Although the schedule may be a focal point of negotiations, it’s far from the only issue that those who are sharing custody will need to address in a parenting plan. It is equally important for parents to discuss any issues that could spark tension and ultimately make their co-parenting relationship more contentious. These are a few common sources of disagreement that may lead parents back to family court after their custody arrangements have been finalized.
Even the most insightful parenting plan won’t be able to specifically address the next up-and-coming social media platform. Parents simply will not know what the next digital trend may be, whether it is a specific kind of app or a new device.
What they can address, however, will be common sense limitations on screen use for the children, which may need to change slightly as the children get older.
Some parents disagree bitterly about whether the children should attend a public school or a private one both because of the costs involved and the kinds of socialization possible at different educational institutions. Other parents simply have grades that they expect their children to maintain if they want to participate in extracurricular activities or retain their driving privileges.
Parents may need to talk about school performance expectations and where their children will enroll when establishing their initial parenting plan.
Will a middle-school student’s participation in intramural sports depend on their academic performance or their adherence to the family chore chart? Will the parents allow children of certain ages to attend parties or go to the movies without an adult present?
The limits parents intend to place on socialization to keep young adults safe need to be consistent if they are to be effective. Including such rules in a parenting plan makes it easier for parents to maintain and enforce the same standards.
Rather than battling over a failed test or a request to attend a party when such matters arise, it is typically more efficient for parents to have guidelines and rules in place that will help them address such challenges quickly based on their existing custody order. Taking the time to address likely future co-parenting challenges will set those who share custody up for a more successful relationship.
The post 3 parenting issues that could lead families back to court first appeared on Law Offices of Mark D. Frederick, LLC.
]]>The post 2 ways to prevent a criminal record from a recent drug arrest first appeared on Law Offices of Mark D. Frederick, LLC.
]]>Having a criminal record that may follow you for the rest of your life is a serious concern for someone accused of violating Louisiana drug statutes. After a conviction or a guilty plea, there will permanently be a public record that identifies you as someone who violated state law. Any employer, landlord or educational institution may perform a background check and decide against extending an opportunity to you.
Drug offenses are some of the most stigmatized crimes, which means anyone who learns about your criminal record may judge you. Is there any way to avoid a criminal record that will haunt you for the rest of your life?
Defending yourself from charges means either convincing the prosecutor to drop the charges or securing a verdict of not guilty.
Even if a prosecutor offers you a plea to a lesser charge, a background check will tell employers and educational institutions about the original charges you faced, and they will likely assume you were guilty of that offense because you plead guilty to a lesser charge.
The only way to avoid a criminal record when going through the criminal courts is to successfully defend yourself against the charges.
Non-violent drug offenses lead to drug court proceedings. When your case goes through the drug courts instead of the criminal courts, the focus will be on helping you undergo treatments and achieve sobriety.
You will have to undergo intensive treatments, attend frequent meetings with court-appointed professionals and submit to regular drug screenings. Those who successfully complete all of the requirements set by the Louisiana adult drug treatment courts can avoid a criminal conviction and move on without a permanent criminal record.
Learning more about Louisiana criminal justice system can help you find an appropriate solution for your pending drug charges.
The post 2 ways to prevent a criminal record from a recent drug arrest first appeared on Law Offices of Mark D. Frederick, LLC.
]]>The post Does your car insurance actually protect you after a crash? first appeared on Law Offices of Mark D. Frederick, LLC.
]]>Insurance companies are also subject to laws that mandate that they uphold their policies in good faith. Those insurance companies also invest a lot of money to help curate a positive brand image with catchy jingles and helpful characters in their commercials making it seem like filing a claim will be fun or at the very least easy.
As some people learn the hard way after a car crash, insurance coverage often isn’t enough for all of the costs they incurred.
What insurance pays depends on both fault and the policy limits that apply. When the police or insurance companies determine that one driver is to blame for the crash, their policy will cover the costs of the other people affected. If you are at fault, the other party makes a claim against your coverage for any damage to their vehicle or injuries that they suffer. When they are at fault, you make the claim against their coverage.
If they only carry the minimum coverage required by the state, a major crash could leave expenses that insurance will not pay. The other driver might have just $15,000 worth of property damage coverage. The state does require more bodily injury protection. The lowest amount a driver could carry is $25,000 of coverage if they hurt one person, with a maximum of $50,000 of coverage for a crash where multiple people get hurt.
When a driver who causes a wreck has bad insurance or lets their policy lapse, the people trying to adjust to life with an injury or repair their vehicles may be left without the coverage they require.
When insurance falls short, state law permits personal injury claims in certain scenarios. So long as you can show there was significant misconduct or negligence on the part of the other party, you can ask the courts to compensate you for any costs that insurance has not covered.
Learning more about what protects you after a car crash in Louisiana can help you ensure you aren’t the one who must absorb those costs.
The post Does your car insurance actually protect you after a crash? first appeared on Law Offices of Mark D. Frederick, LLC.
]]>The post Can’t get to visitation on time? Switch to digital first appeared on Law Offices of Mark D. Frederick, LLC.
]]>That being said, there are times when changes may occur in your schedule or other responsibilities come up. You might need to request a modification of custody, so you can still see your child but also handle those responsibilities appropriately.
If you don’t have enough time to see your child physically, what can you do? You may want to consider switching to digital visitation, also known as virtual visitation, on some days.
The way virtual visitation works is simple. From anywhere, you reach out to speak with your child. You can do so through video gaming together online, calling over a service like Zoom or Skype, calling before bed, or reaching out in other ways.
The nice thing about virtual visitation is that you don’t need to be physically present, so if you have a long day at the office or go on a business trip, you’re still able to have that time to connect with your child.
Remember that options like virtual visitation are not replacements for actual physical time with your child. Virtual visitation should be considered as an add-on to your normal visitation schedule.
For busy parents and those who really cannot be present, virtual visitation may help them be “present” at sporting events, dance recitals, during bedtime or while their children do homework. It’s a beneficial addition to a custody schedule that grants more time without needing to physically be there.
If you think that this could be a good option for you, you may want to discuss the virtues of virtual visitation with your attorney and consider adding a request for it with your custody modification when you do.
The post Can’t get to visitation on time? Switch to digital first appeared on Law Offices of Mark D. Frederick, LLC.
]]>The post Remember not to bring marijuana to Louisiana first appeared on Law Offices of Mark D. Frederick, LLC.
]]>However, those trends have not yet come to Louisiana. It’s unclear if they will in the future or not, but marijuana remains illegal in Louisiana in the same way that it once was in the rest of the country. This means that it is still a criminal offense to buy, sell or transport this controlled substance.
What you may be thinking is that you just need to drive to a state where marijuana is already legal, buy it there, and then drive back to Louisiana. After all, this would be a completely legal purchase. You’re not trying to break the law. You’re just trying to take advantage of the fact that other states have different laws. Can you do this?
You absolutely should not do this, and there are two main reasons for it. First and foremost, no matter where you bought the marijuana, it is still illegal in Louisiana. Once you return to the state, you will then be in violation of the law. You can tell a police officer that you made a legal purchase and even show them the receipt from another state, but that doesn’t change the legality once you come home. You could still be arrested.
The second reason is that marijuana is still illegal at the federal level. Whenever crimes cross state lines, they are subject to federal laws. This means that transporting marijuana from another state into Louisiana is illegal both under state and federal laws. In fact, in an interesting twist, even transporting it across state lines between two states that allow recreational marijuana use is illegal at the federal level. But this is especially problematic when the state that you’re entering also doesn’t allow it.
If you do something that you think is legal and a mistake leads to an arrest, that’s when you need to know exactly what criminal defense options you have.
The post Remember not to bring marijuana to Louisiana first appeared on Law Offices of Mark D. Frederick, LLC.
]]>The post Could a coparenting app help you after your divorce? first appeared on Law Offices of Mark D. Frederick, LLC.
]]>One of the ways you can minimize stress and make sure you and your coparent are communicating respectfully is by considering the use of a court-monitored coparenting app. The fact that the court can easily see communications through the app and that the communications are stored should help you and the other parent stay on your best behavior while dealing with custody-related concerns.
On top of that, coparenting apps are designed to help you stay organized. They track expenses, manage family information, give you a place to communicate and may even help you coordinate and schedule parenting time all in one place.
If you are in a situation where you and your ex don’t get along well and you’re concerned that you may have conflicts over custody or raising your children, then you may want to ask the court to order the use of a coparenting app. It is possible to ask the judge if they would be happy ordering the use of that app to prevent you from dealing with harassing phone calls, inappropriate communication from the other parent or confusion over parenting obligations.
Once a coparenting app is set up, all communication should go through it. You can update it as needed and go to it to check on things like being sure that the other parent got your message when they say they didn’t (that’s what read receipts are for).
Coparenting apps, at their core, are there to help minimize confusion and conflict. They are designed to organize your life, even though your children’s care is now split between homes. Using an app like this may help you avoid going to court more often than you need to or prove that the other parent is not being reasonable or respectful to you. It’s something to consider if you are in a strained relationship.
The post Could a coparenting app help you after your divorce? first appeared on Law Offices of Mark D. Frederick, LLC.
]]>The post Adrenaline can cover up car accident injuries first appeared on Law Offices of Mark D. Frederick, LLC.
]]>When you hear stories about people turning down medical care at the scene, this is often why. They don’t think they need it and they don’t want to spend the time or risk the debt to find out.
That can be a serious problem, though. Your body’s natural adrenaline rush isn’t a painkiller, per se, but it can cover up the injuries by masking the pain. In short, you won’t really notice it until later. It can take hours after the crash for you to realize that you were actually badly injured and you need to go to the hospital.
This seems counter-productive. If you’re hurt, isn’t it in your best interests to know it so that you can get medical help? Why would evolutionary development favor a flight-or-fight response that may mask your symptoms and cause you to ignore major injuries — or at least delay treatment?
The reason is that, if you do have to fight or flee, it’s harder to do that when you’re in pain. Remember that cars are only a century old. You haven’t evolved to be ready for car accident injuries. Your body expects injuries from a fall, a predator or an attack from another human. If you have to fight off the threat or make a long trip home — on foot — to get help, you’re better able to do that if your pain is delayed.
Of course, this response doesn’t help in the modern setting. You need medical care and delaying treatment can make things like brain injuries or internal injuries far worse. But your body does not know that, so you need to be careful and get proper treatment, no matter how you feel.
Medical care is incredibly expensive in the United States. The good news is that, if someone else caused the accident, you may be able to seek substantial compensation for those costs.
The post Adrenaline can cover up car accident injuries first appeared on Law Offices of Mark D. Frederick, LLC.
]]>The post What you need to know about splitting property when you divorce first appeared on Law Offices of Mark D. Frederick, LLC.
]]>However, not everyone has a marital agreement on record. Others have a document signed improperly or in circumstances that will lead to the courts invalidating the agreement. If you know that you and your spouse will likely proceed with a contested divorce, a Louisiana family law judge will be the one who makes the final decisions on everything from who stays in the family home to how you split up the custody of children.
If you understand the basics of property division, it can be easier to plan for divorce and to negotiate with your spouse.
When a judge must decide how to divide assets between divorcing spouses, they have to interpret state law based on what they know of the couple’s assets and marital circumstances. Louisiana is a community property state, which means that the income of both spouses, the property a couple purchases and the debts that they accrued during the marriage belong to both as marital property.
Assets that you owned prior to marriage, certain gifts and inheritances are sometimes exempt from division as separate property. Almost everything that you’ve acquired while married will be subject to division, and the judge will do their best to be as equal as possible.
You can’t hide assets from the court without potentially risking serious penalties, but you can take other steps to protect certain assets. Going over your financial records, for example, could help you demonstrate that you purchased your vehicle with inherited assets from a parent or with money you had saved prior to marriage.
Any assets that you can convincingly claim as separate property may not wind up divided in your divorce. There may be other ways for you to protect certain property, but the options will directly relate to your current family circumstances and your financial habits.
The post What you need to know about splitting property when you divorce first appeared on Law Offices of Mark D. Frederick, LLC.
]]>