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Archive for tag: manasseh and gill

What To Do After A Car Wreck

Shattered Car (cool)

Steps To Take After An Accident:

  • Stay at the Scene
  • Call the Police
  • Exchange Information
  • Talk to Witnesses
  • Inform Your Insurance Company
  • Keep Track of Your Medical Treatment
  • Take Pictures
  • Get a Property Damage Valuation From Insurance
  • Use Caution in Discussing the Incident
  • Consider Hiring an Attorney

Common Injuries Caused By Air Bag Deployment

Wrecked White Car W : Deployed Airbag

Unfortunately, airbags bags cannot always prevent death or result in minor injury.  If someone is leaning very close or against the steering wheel or dashboard at the moment that the airbag deploys the force of the deployment could cause serious injury and even death. The recommended distance drivers stay away from the steering wheel by the National Highway Traffic Safety Administration is at least 10 inches. Below is a more comprehensive list of possible airbag injuries. The type and severity depends on several factors including speed, closeness to the airbag, and nature of the collision:

 

  • Abrasion to the face, chest or upper extremities
  • Contusion of the face, chest, upper extremities, knees or internal organs
  • Strain, fracture or blunt trauma to the cervical spine
  • Burns on the chest, upper extremities or hands
  • Fracture or break in the face, upper extremities or wrists
  • Fracture in the skull or rib cage
  • Loss of consciousness or concussion injuries
  • Bruising or swelling of the brain
  • Laceration to the veins, arteries, heart, lungs or brain stem
  • Laceration to the liver or spleen
  • Compression of the brain or traumatic brain injury (TBI)
  • Rupture inside the heart muscle
  • Eye injury such as rupture to the globe, retinal tear, corneal abrasion or conjunctivitis
  • Hearing loss or ear trauma
  • Trauma to the fetus of a pregnant women or puncture in the placenta
  • Internal bleeding
  • Wrist trauma and sprained fingers
  • Irritation in the throat, asthma attack or coughing
  • Irritation of the skin, also called airbag dermatitis

If you were involved in a car wreck and it wasn't your fault, we'd like to help. Please call us today at 225-383-9703 so we can discuss your injuries, get you onto the road of recover and begin the process of having the insurance company pay for the pain, suffering, and medical bills caused by their insured.

The Role Of Epidural Injections

Lumbar X -ray 2

 

The torquing of the spine during a car wreck is a common cause of injury. Sometimes rest and minimal, noninvasive, treatment will be all that is necessary to heal. For others, the pain lingers and they desire surgical intervention to end the agony. In most case, prior to surgery, doctors will require epidural steroid injections over a period of time to see if the pain can be adequately managed. Although not considered a surgery, this alternative treatment is a steroid injection to help reduce swelling and pain. Often times, this is enough to relive the pain from injury, however, it’s usually the initial treatment and if it doesn’t work, surgery or other interventions may be needed.

 

Back pain is a real consequence of injury or car accidents no matter the circumstances or who is at fault. Because the back is at the core of the body, surgery is often needed to treat the injury and relieve the pain. Some surgeries result in structural changes of the spine and many require a recovery period. Some may require additional physical therapy to improve strength, flexibility, and overall functionality; and in some cases, one surgery may not be enough. Because the back is so large, the variables and responses vary by person and injury severity, so it is always important to seek and follow doctor advice. 

Were You Involved In A Head-On Collision?

Smashed Grey Car In Rain 

Head-on Collision

A head оn соlliѕiоn iѕ when twо vеhiсlеѕ collide thеir front еndѕ with one аnоthеr. Thiѕ iѕ different frоm a rear еnd соlliѕiоn whiсh iѕ whеn a саr rеаr-еndѕ аnоthеr саr. While a rеаr еnd соlliѕiоn саn саuѕе ѕubѕtаntiаl dаmаgе and frequently iѕ thе саuѕе оf whiрlаѕh, head оn соlliѕiоnѕ аrе much more dаngеrоuѕ. Front-end collisions like thеѕе аrе even fatal ѕоmе оf the time. Because frоnt еnd collisions аrе аlwауѕ the ѕаmе thеу are аlwауѕ рlасеd in the category of lane dераrturе ассidеntѕ. Thаt iѕ bесаuѕе to hаvе a hеаd on collision уоu muѕt bе colliding with a саr heading in the орроѕitе dirесtiоn you are heading. It is соnѕidеrеd lаnе dераrturе bесаuѕе it requires one саr tо drift intо thе lаnе of орроѕitе, оnсоming traffic.

 

WHAT TO DO DURING A HEAD ON COLLISION

Take ѕtосk of уоur injuriеѕ. If injured, immediately call an аmbulаnсе for you or thе person уоu hit. Also саll thе police onto thе scene ѕо you саn file a сrаѕh оr police rероrt оf the inсidеnt.

 Trу tо rеmаin саlm. Whеn уоu hаvе ѕuffiсiеntlу gаthеrеd yourself, lооk аt thе dаmаgе tо уоur vehicle. In оrdеr to record the initial dаmаgеѕ, it is wise to tаkе аѕ mаnу рiсturеѕ аѕ уоu саn оf bоth саrѕ and trу tо get рiсturеѕ оf thе extent оf thе dаmаgеѕ.

 Aftеr thе police hаvе written uр a report оf thе ассidеnt, get thе information оf thе оthеr person. The infоrmаtiоn inсludеѕ:

1. Name, рhоnе numbеr, аnd саr mаkе.

2. Insurance роliсу numbеr.

3. Inѕurаnсе representative's рhоnе numbеr.

4. Names and numbers оf any раѕѕеngеrѕ in the other реrѕоn'ѕ саr.

HOW TO PREVENT HEAD – ON COLLISION

Hеаd оn соlliѕiоnѕ саn be prevented. Be aware while driving. The fatal flaw оf all hеаd-оn соlliѕiоnѕ is that thе drivеr wаѕ nоt аwаrе оf еithеr thе ѕрееd of the аррrоасhing саr аnd miѕjudgеd оr did nоt see the саr until it wаѕ tоо lаtе whiсh results intо a ѕеriоuѕ саr ассidеnt. A hеаd-оn соlliѕiоn is apter tо rеѕult in a fаtаlitу thаn аnу other tуре оf collision.

Faulty driving mаnеuvеrѕ thаt might саuѕе a drivеr tо сrоѕѕ thе сеntеrlinе inсludе:

i.    Bаd раѕѕing judgmеnt.

ii.    Driving around a сurvе too fаѕt fоr conditions.

iii.     Left turns dirесtlу intо thе раth оf оn-соming vеhiсlе.

iv.     Wide right turnѕ.

v.     Failure to intеrрrеt pavement mаrkingѕ.

vi.     Ovеr correcting frоm a right whееl drоррing off thе раvеmеnt.

Trаffiс ѕtudiеѕ show that bаd judgmеnt аnd lack оf соntrоl саuѕе most оf these соlliѕiоnѕ. Remember thаt ѕоmеоnе, whо hаѕ bаd judgmеnt еvеn if уоu аrе dоing everything right, саn hit уоu аnd lеаd tо a serious саr accident.

 

Can You Expunge A Case That Was Dismissed?

Louisiana has recently revised its expungement laws making the process of placing a conviction behind less burdensome. Fortunately, any felony arrest that was either not prosecuted or resulted in a dismissal or an acquittal at trial can be expunged from your record.  The only exception to this rule would be for those placed into a pre-trial diversion program for a DWI. Drunk driving diversions, by statute, must wait five years from their successfully completing the program before they can expunge the DWI arrest from their record.

Obtaining an expungement is not too difficult though there are some bureaucratic hurdles and expenses to incur.  The good news is that expungements for arrests not resulting in a conviction can get most, if not all, of the filing fees waived.

All expungements in Louisiana are simply shielding mechanisms.  The Court does not order the destruction and erasure of your files. From a practical stand point, expungements  will prevent the public at large from finding out about your arrest. This is important for people applying for schools or jobs requiring background checks. That said, the police department will maintain a permanent record of your arrest, the reports and records of any DNA samples or fingerprint cards generated. You'll also have a booking photo that can be used in future lineups.

If you were arrested but were not convicted of a crime, we'll gladly meet with you to discuss the process of obtaining the expungement.  Call MGK&B and speak to oe of our lawyers today at 225-383-9703.

An Overview Of Asset Forfeiture

ASSET FORFEITURE.

Aѕѕеt forfeiture iѕ a practice the Unitеd Stаtеѕ lоng has uѕеd. In essence, it seeks to recoup money and property used to either facilitate a crime or were purchased fron the proceeds of illegal activity. The fеdеrаl gоvеrnmеnt use of this tactic has boomed following the "war on drugs" declared in the 1970s. Forfeiture is now "big business" for the government with many proecuting agencies creating civil divisions responsible for handling forfeiture claims and providing revenuse to both the local office, its court syatem and the seizing law enorcement agency. 

Nеаrlу half оf thе fоrfеiturе cases in the соuntrу are сivil саѕеѕ, but thеу often аrе tiеd tо pending сriminаl cases.

In сivil cases, thе оwnеr dоеѕ not hаvе tо be guiltу оf any сrimе for hiѕ or hеr property to bе taken. Thiѕ means it is роѕѕiblе fоr thе gоvеrnmеnt tо ѕеizе thе property by proving ѕоmеоnе оthеr thаn thе owner uѕеd thе property to соmmit a crime. On the other hand, it is often alleged that the owner is responsible for a crime and either used the proerty to faciltate that crime or purchased it from money gained from illegal activity.  By making this a "civil proceeding", the government need only prove the criminal conduct by a preponderance of the evidence. A threshold that is far easier to mee t than the "beyond a reasonable doubt" standard required for a criminal conviction. Also, in the civil case, the accused can be called as a witness. The accused could invoke the 5th Amendment right against self incrimination however, unlike the criminal case, doing so will create an adverse presumption. 

It is far easier for the government to seize property using civil proceedings.  Tha said, many times, forfeiture is required upon obtaining a conviction.

Gеnеrаllу, сriminаl fоrfеiturеѕ аrе in реrѕоnаm. Thе сriminаl fоrfеiturе iѕ usually саrriеd оut in a ѕеntеnсе following a conviction and iѕ a рunitivе act аgаinѕt thе оffеndеr. This means it essentially is another реnаltу fоr a сrimе.

Thе Unitеd States Mаrѕhаlѕ Sеrviсе iѕ rеѕроnѕiblе fоr mаnаging and diѕроѕing of properties ѕеizеd and fоrfеitеd by Dераrtmеnt оf Juѕtiсе agencies.

What determines how much money I can recover in a lawsuit?

First, it depends on the severity and duration of the injuries and the economic costs associated with the injuries.  You are entitled to be compensated for your medical bills, including estimated future medical bills. You are also entitled to be compensated for past lost wages and for any future loss of earning capacity.  Past medical bills and past lost wages are relatively easy to prove; future medical bills and future loss of earning capacity require expert testimony.  Finally, you are entitled to “general damages” for the past and future pain and suffering and loss of enjoyment of life you experience or are expected to experience as a result of the accident.  General damages are usually the biggest component of a personal injury recovery.   

Second, it depends on the amount of money available to compensate for your damages.  Unless the defendant is a solvent corporation or an extremely wealthy individual, you are not going to recover more than the insurance limits no matter what your injuries are.  That is – again – why it’s always a good idea to have uninsured/underinsured motorist coverage (UM).

We Handle Environmental Crimes

Environmental Criminal Defense – The best defense is a GOOD offense!

We have been fortunate to represent both corporations and individuals when they are confronted by the Government in environmental criminal investigations.  We have been highly successful in these efforts by aggressively investigating and answering allegations which Federal Agents have run with, at times, without complete review and verification.  To speak plainly, when criminal investigators are ferreting around your business, they are not there to “help” you.  This is not what you may be used to when you have dealt previously with civil regulators.  A criminal investigator’s sole purpose is to take criminal leads, open criminal cases, refer criminal cases to prosecutors and to seek arrests and indictments on investigations which may warrant them.  When a criminal investigator surfaces and you discover them on your horizon, immediate counter-measures must be engaged, or the risk of receiving a torpedo under your water line, and thus your bottom line, becomes a daily (and nightly) anxiety. 

We have been able to protect our clients’ vast assets and good will they have earned in their industries and the communities they serve by adopting a straight forward and multi-faceted approach designed to rapidly deploy our resources for them.  Our success is our clients’ success and protecting them from criminal indictment and highly damaging reports in the media due to these investigations have been hallmarks of our representation.  Our decades of experience in environmental criminal investigations on both the Federal and State level enable us to quickly identify legal vulnerabilities and shore up those areas as well as assist our clients in making remedial measures which have also worked to de-escalate criminal investigators’ and prosecutors’ zeal.

If help is what you need, for either you or your company, please don’t hesitate to call me,

Beau James Brock at:   (225) 383-9703, or email me  at:  beau@manassehandgill.com.

Understanding You Car Insurance Policy

Your auto insurance policy is probably one of the most important policies you have.  Not only does it protect you from trouble if you get pulled over or get in an accident, but it protects your asset: your car.  If something happens, insurance provides the money needed to fix or replace it.  In fact, many companies now have accident forgiveness, which means if you get in an accident and it is your first on their policy, they will forgive it and not raise your rates.  Insurance also covers damage to any property involved. 

More importantly, however, insurance covers you and the loved ones in the car.  Should someone be injured, whether you or the other party involved, insurance can help cover medical costs, damage to property, and more.  All of this is great, but if you do not understand your policy, you will not know what you are covered for and how to use it. Below is a quick guide to understanding your insurance policy. 

Auto Insurance has many different parts to consider.  Please note that deductibles, meaning how much you pay first before the policy kicks in, are up to you.  This guide to choosing the right deductible will help you figure out what is best for you.  Also, there may be a required amount of coverage needed for each coverage type, which varies by state. The types of coverage are broken out below.

 

Liability Coverage

Liability coverage- Refers to bodily injury and property damage for an accident in which you are at fault, and under or uninsured motorists when you are not at fault.

Bodily Injury – This covers other people who are injured due to your negligence.  It will cover lost wages, medical expenses, and pain and suffering if the injured party chooses to file a claim.

Property Damage Liability – This covers to any damage you cause to property such as trees, fences, and the like.

Uninsured or Underinsured Motorist – This protects you if you are injured by a driver with no insurance or if you are involved in a hit and run. Underinsured pays the difference if the other person’s insurance is below the actual cost of the damages sustained. This coverage will pay you an additional amount up to your policy limits.

According to the National Association of Insurance Commissioners, “When purchasing liability coverage, you will need to determine the amount of coverage needed to protect yourself if a loss occurs. Coverage is often sold with a per-person and total per-loss maximum amount. For example, 100/300/50 coverage means that you have coverage of $100,000 bodily injury liability insurance per person, $300,000 total bodily injury liability insurance per accident, and $50,000 property damage liability per accident.”  Choosing low coverage to save money will offer less protection and could leave you footing a big bill in a serious accident.  Plus, some states require certain minimums

Coverage for Your Car

Collision Coverage – This pays for physical damage to your car if the damage was a result of sliding into an object such as a mailbox.

Comprehensive Coverage – This covers damage to your auto for almost all other losses other than collisions. This includes:

  • Theft
  • Fire
  • Falling Objects
  • Weather Related such as Hail or Flood
  • Vandalism
  • Damage by Glass Breakage or an Animal such as a Bird or Deer

With car coverage you have to pay a deductible, which is the amount you pay before the insurance company pays anything.  Deductibles usually are $250, $500, or $1000.  You want to choose according to your lifestyle and needs.

Other Optional Coverage 

Medical Payment Coverage – This pays for medical and funeral expenses for you or others injured or killed in an accident.  This also covers those with insurance who are struck as pedestrians.

Rental Reimbursement– This covers the cost of a rental car if your car is totaled or needs repairs.  It usually has a daily and total dollar limit, for example, $20-a-day up to $600. 

Towing and Emergency Roadside Service– This covers towing your car to a repair shop.  Know the specifics of this service as your car dealer or a third party service may offer more comprehensive coverage.

Key Points to Remember When Considering an Auto Policy:

  • Your auto insurance policy will financially protect you, giving you peace of mind.
  • Limits for auto damage or injuries resulting from an auto accident.
  • Be aware of the types of coverage offered and what is required in your state.
  • Review your auto policy and stay informed on what and whom your auto policy will cover.
  • Know your state's minimum amount of liability coverage required and decide what amount is best for your situation.
  • Know how to file a claim with your insurance company. Usually, you can find this information on their website or by calling them.
  • When an accident occurs, know what to do to protect yourself and others around you.  This means trading insurance information and making a claim, no matter how small the accident, and having proper first aid in your car.  Get more tips here.

*Source: NAIC

 

Why You Need UM Coverage

 

UNINSURED/UNDERINSURED COVERAGE:

 

When it comes to driving around in your car, nothing is more important than being safe. Accidents happen every day, leaving people injured or even possibly dead. You cannot put a price on your own life or the life of others which is why you should make sure that you are covered by means of insurance.

Of course, not all insurance policies are affordable. Many of them are ridiculously expensive and people refuse to take out such a policy. Even though this may be better on their pockets at the end of each month, it is not wise to drive around without it. This is where uninsured and underinsured coverage plays a vital role.

In Louisiana, it is required by the state that every person driving a car should have some form of insurance attached to them or their vehicle. It is one of the many states where you could be jailed or fined if you drive around without the safety net of insurance. Many people that can’t afford insurance policies, as mentioned above, opt for underinsured coverage. This makes sure that you and your family is still protected without you having to pay through your teeth at the end of every month.

The UM policies are beneficial when it comes to both parties involved in an accident: those who caused it and those who victim to it. Unfortunately, not all motorists comply with the law as set by the state of Louisiana and not only can they get into big trouble in the event of an accident, but so can you. UM or UIM kicks in so that both persons are protected to any lengths necessary.

Let’s say that you are driving an insured car and someone with an uninsured car drives into you, causing your car to be written off completely. The law states that you should be able to claim expenses from the other person involved, but how will you do that if the other person is not insured at all? UM makes sure that you get the necessary funds in order to build your car back up again with as little money coming from your side as possible. UM will also pay your wages for the time you can’t go to work because of the injuries you have sustained after such an accident. What’s more is that UM and UIM policies will help you pay for the medical costs and your injuries so that you do not have to.

As you can see, UIM and UM policies have many great benefits, but it does not only stop there. It goes the distance to ensure that you are covered when faced with such an enormous financial backlash. Accidents do not only cause worry in a medical aspect, but it can cause unnecessary stress when you have to worry about all the bills you have to pay afterwards. Here are a few more reasons why UM and UIM policies can be beneficial to you, your family, and the car that you are driving:

Health insurance does not always cover all the medical expenses

We know how sticky health insurances can be. A hospital stay can cost you tens of thousands of dollars and even deplete your entire plan just by covering these costs. When you are involved in an accident, the health insurance will pay for these costs, unless you are also on an UM or UIM plan. This plan will pay your bills immediately before you hospital plan or health insurance even has time to kick in. Another reason why this is a better option is because you will be able to get your wages even though you have missed work due to the hospital stay. A health insurance plan will definitely not do that.

It protects you when you are hit by an uninsured driver

As we have already mentioned, this is the prime goal of the UM and UIM plan: to protect you when an uninsured driver is the cause of an accident. In order for your UM or UIM policy to kick in it is important that you follow the procedure pertaining to an accident otherwise it might all be for nought. Write down the details of the other person as well as their insurance details if they have any. Take down their personal details, their licence disk number, and call the police immediately, even if it is a minor accident. The information will then be taken to the claims department of your insurance and it will be dealt with accordingly. This process may take a while especially if injuries have been sustained. The medical aid and medical bills will take longer to sort out than the normal claim disputes.

It takes into account comparative negligence laws

Some states follow comparative negligence laws where part of the blame is shifted to each side of the accident. To use an example: Driver 1 rams into Driver 2 at the stop sign at the end of the road. But it was dark and Driver 2 did not have his headlights on. The insurance companies will then calculate how much of the blame should be shifted to each person so that they can collect damages accordingly. The UM and UIM policies protects people in such cases so that there is no unfair rule being made. This also means that you cannot claim for any accident; if it was your fault then you will have to reimburse the victim.

It protects you when you are hit by a driver whose insurance cannot full cover you

It happens that some insurance policies don’t pay out enough so that both parties are covered.  This is where UM and UIM policies complement the auto insurance of the other person. They will help pay the excess fees if you do have enough money in the fund itself. This way you will not have to dig a hole into your savings to make sure your car is paid off or that your medical bills are taken care of.