# The Johnson Firm > Lake Charles, Louisiana Personal Injury, Family and Criminal Lawyers --- ## Pages - [Criminal Defense News](https://johnsonfirmla.com/criminal-defense-news/): Criminal Defense News The criminal defense lawyers at The Johnson Firm have been featured in several prominent publications for their... - [Thank You](https://johnsonfirmla.com/thankyou/): Thank you! Your details have been submitted. Our representative will reach out to you. We treat each case with care... - [Louisiana Child Support Calculator](https://johnsonfirmla.com/louisiana-child-support-calculator/) - [Privacy Policy](https://johnsonfirmla.com/privacy-policy/): Important information about our privacy policy and website terms of use are found below. Privacy and Terms of Use Policy... - [About Us](https://johnsonfirmla.com/about-us/): About The Johnson Firm Since 1980, attorneys at The Johnson Firm have provided superior legal service to residents of southwest... - [Contact](https://johnsonfirmla.com/contact/): Contact Us For your consultation Let’s get started Since 1980, attorneys at The Johnson Firm have provided superior legal service... - [Blog](https://johnsonfirmla.com/blog/) - [Lake Charles Attorneys](https://johnsonfirmla.com/): Justice Isn’t Given. It’s Won. Isn’t Given. It’s Won. Serving clients in Lake Charles since 1980 Let’s build your case... --- ## Posts - [How to get a drug trafficking charge dismissed in Louisiana](https://johnsonfirmla.com/blog/how-to-get-a-drug-trafficking-charge-dismissed/): If you’re facing drug trafficking charges in Louisiana: Your lawyer can mount a strong defense on your behalf, protect you... - [Strategic Timing: Why Filing for Divorce First Could Give You the Upper Hand](https://johnsonfirmla.com/blog/does-it-matter-who-files-for-divorce-first/): Does it matter who files for divorce first in Louisiana? It may. If you are the first to file for... - [Can you use prior convictions as evidence?](https://johnsonfirmla.com/blog/can-you-use-prior-convictions-as-evidence/): If you have been arrested and charged with a crime, you may wonder whether you can use prior convictions as... - [Reasonable suspicion vs. probable cause: breaking down the difference](https://johnsonfirmla.com/blog/what-is-the-difference-between-reasonable-suspicion-and-probable-cause/): Getting pulled over by police can be a stressful experience, but it’s important to recognize what motivates them to stop... - [What to Expect if Your Personal Injury Case Goes to Trial](https://johnsonfirmla.com/blog/what-to-expect-if-your-personal-injury-case-is-goes-to-trial/): Facing a personal injury lawsuit can feel like navigating through a storm, particularly when the path leads to a trial.... - [What is the difference between murder and manslaughter?](https://johnsonfirmla.com/blog/what-is-the-difference-between-murder-and-manslaughter/): The main difference between murder and manslaughter, per Louisiana criminal law, is the intent of the person committing the homicide.... - [Examples of public corruption and common defenses](https://johnsonfirmla.com/blog/examples-and-defenses-to-public-corruption/): Public corruption remains a critical issue impacting trust and efficiency within government institutions. From bribery to embezzlement, the forms it... - [When Emotional Distress Counts as a Personal Injury](https://johnsonfirmla.com/blog/is-emotional-distress-a-personal-injury/): When emotional distress counts as a personal injury When we think of personal injury, physical injuries often come to mind.... - [How do you get a juvenile record expunged in Louisiana?](https://johnsonfirmla.com/blog/how-do-you-get-a-juvenile-record-expunged/): Fortunately, Louisiana law provides mechanisms to expunge juvenile records, offering a fresh start to those who qualify. Keep reading to... - [First-time Offenders: What to Expect and How to Prepare](https://johnsonfirmla.com/blog/louisiana-first-time-offender-law/): Is this your first arrest? You may be eligible for pretrial diversion through Louisiana’s first-time offender law Facing the Louisiana... - [When is an emergency custody order necessary?](https://johnsonfirmla.com/blog/when-is-an-emergency-custody-order-necessary/): An emergency custody order may be necessary in situations where a child is being abused or neglected or when a... - [Can a parent relocate with joint custody?](https://johnsonfirmla.com/blog/can-a-parent-relocate-with-joint-custody/): One of the more complex issues in family law involves relocation in cases where parents share joint custody. One parent’s... - [What not to post on social media during a divorce](https://johnsonfirmla.com/blog/what-not-to-post-on-social-media-during-a-divorce/): Navigating a divorce can be an emotionally fraught and complex process. In today’s digital age, the impact of social media... - [How to file for divorce in the military](https://johnsonfirmla.com/blog/how-to-file-for-divorce-in-the-military/): Plus: Unique legal challenges and considerations of military divorce in Louisiana For service members stationed at Louisiana’s military installations, such... - [State charges vs. federal charges: the main differences](https://johnsonfirmla.com/blog/state-charges-vs-federal-charges/): Navigating the complexities of the legal system can be daunting, especially when differentiating between state and federal charges. This distinction... - [Why local legal representation matters: Advantages of hiring a law firm in Lake Charles](https://johnsonfirmla.com/blog/why-local-legal-representation-matters/): Navigating legal waters can be daunting, but having a local advocate by your side can make all the difference. In... - [The role of extended family in Louisiana child custody cases](https://johnsonfirmla.com/blog/extended-family-child-custody/): In Louisiana, as in many states, child custody cases are deeply influenced not only by the immediate family but also... - [The consequences of a criminal record in Louisiana: How it can affect your future](https://johnsonfirmla.com/blog/louisiana-criminal-records-and-your-future/): A criminal record can significantly impact various aspects of your life in Louisiana. From employment opportunities to housing and beyond,... - [Your guide to handling personal injury claims from boating accidents on Lake Charles](https://johnsonfirmla.com/blog/boating-accidents-in-lake-charles/): Boating on Lake Charles allows residents and visitors to enjoy Louisiana’s scenic beauty from the water, but the fun can... - [The impact of Louisiana’s strict DWI laws on Lake Charles drivers: Legal tips for avoiding penalties](https://johnsonfirmla.com/blog/impact-of-louisiana-dwi-laws-on-lake-charles-drivers/): Louisiana’s strict DWI laws aim to reduce alcohol-related accidents by imposing harsh penalties on offenders. Keep reading to explore the... - [New Louisiana laws in 2024: What they mean for your personal injury claim](https://johnsonfirmla.com/blog/new-louisiana-laws-2024/): As we move through 2024, several new laws in Louisiana are coming into effect that could significantly impact personal injury... - [Common mistakes to avoid when making a car accident claim](https://johnsonfirmla.com/blog/common-mistakes-to-avoid-in-a-car-accident-claim/): In the chaos that follows a car accident, it’s easy to make mistakes that could jeopardize your ability to receive... - [Watch out for these common insurance company delay tactics](https://johnsonfirmla.com/blog/insurance-company-delay-tactics/): As businesses, insurance companies look out for their bottom line, often leading to them using stalling tactics to delay or... - [Understanding the legal process for assault in Louisiana](https://johnsonfirmla.com/blog/legal-process-for-assault-in-louisiana/): At The Johnson Firm, we specialize in guiding our clients through the complexities of the criminal justice system, particularly in... - [National Roadside Traffic Safety Awareness Month](https://johnsonfirmla.com/blog/national-roadside-traffic-safety-awareness-month/): Tips to stay safe during vacation season Join us this July in recognizing National Roadside Traffic Safety Awareness Month, a... - [Resources for domestic violence victims in Calcasieu Parish](https://johnsonfirmla.com/blog/resources-for-domestic-violence-victims/): At The Johnson Firm, we understand the profound impact domestic violence can have on individuals and families. We are committed... - [What happens if you get a DUI in the military?](https://johnsonfirmla.com/blog/what-happens-if-you-get-a-dui-in-the-military/): Dedicating your life to protecting your country is one of the most noble pursuits you can choose. However, just because... - [What does the Fourth Amendment protect?](https://johnsonfirmla.com/blog/what-does-the-fourth-amendment-protect/): The Fourth Amendment protects you from unlawful and overreaching police interference by limiting the government’s ability to conduct searches and... - [Louisiana gambling tax: Winnings, losses, and more](https://johnsonfirmla.com/blog/louisiana-gambling-tax-on-winnings-losses-and-more/): No one likes to lose money when it comes to gambling, but that is one of the most common scenarios.... - [Understanding Louisiana's Good Samaritan Law: Protection and responsibilities in emergency situations](https://johnsonfirmla.com/blog/understanding-louisiana-good-samaritan-law/): Have you ever wondered what you would do if you saw someone choking at a restaurant? What if you saw... - [How to be an ally to a domestic violence survivor](https://johnsonfirmla.com/blog/how-to-be-an-ally-to-a-domestic-abuse-survivor/): If you know someone who is ready to move past the cycle of domestic abuse, help is available with our... - [Juvenile interrogation laws in Louisiana: Know your child’s rights](https://johnsonfirmla.com/blog/juvenile-interrogation-laws-in-louisiana/): According to Louisiana’s juvenile interrogation laws, police officers can question a minor even if they don’t contact the child’s parent... - [Legal issues surrounding hurricanes: Work, evacuations, and more](https://johnsonfirmla.com/blog/legal-issues-surrounding-hurricanes/): When living in Louisiana, hurricanes will always be a worry in the back of your head. Your life and livelihood... - [New Jones Act-compliant vessel revealed](https://johnsonfirmla.com/blog/new-jones-act-compliant-vessel-revealed/): United States boat manufacturer SAFE Boats International has recently revealed plans to build its latest Jones Act-compliant vessel. The vessel,... - [Separate bank accounts in a divorce: Things to keep in mind](https://johnsonfirmla.com/blog/separate-bank-accounts-in-a-divorce-things-to-keep-in-mind/): Asset division is one of the most time-intensive and complicated aspects of divorce. If you’re considering divorce in Louisiana and... - [Traveling with a DUI: Countries with DUI travel restrictions](https://johnsonfirmla.com/blog/countries-with-dui-restrictions/): A DUI conviction can affect nearly every aspect of your life, including international travel. To the surprise of many hopeful... - [Five ways to keep your costs lower when divorcing](https://johnsonfirmla.com/blog/keep-divorce-costs-low/): Divorce is often emotionally and financially challenging. While it’s unfortunately unavoidable to incur some costs, there are ways to keep... - [Louisiana background check laws: Protect your rights as an employee](https://johnsonfirmla.com/blog/louisiana-background-check-laws-protect-your-rights-as-an-employee/): If there’s something on your record you’re not particularly proud of, you’ll probably be nervous when a potential employer tells... - [The link between college football culture and DUIs in Louisiana](https://johnsonfirmla.com/blog/football-drunk-driving/): No state loves college football more than Louisiana. Stadiums across the state are filled to the brim on game day... - [Most dangerous roads in Louisiana](https://johnsonfirmla.com/blog/most-dangerous-roads-in-louisiana/): Driving in Louisiana is not especially safe, and dangerous roads lead to motor vehicle collisions, injuries, and related costs. According... - [How to tell you’re co-parenting with a narcissist](https://johnsonfirmla.com/blog/co-parenting-with-a-narcissist/): If you believe your ex’s narcissistic personality disorder (NPD) is negatively affecting your’s or your child(ren)’s wellbeing, it is time... - [Insurance Doesn’t Want You to Know that “Nuclear Verdicts” Aren’t Real](https://johnsonfirmla.com/blog/nuclear-verdicts/): “Nuclear verdicts” have been a hot topic in the media for more than a decade, but the truth is, they’re... - [4 Most Common Juvenile Crimes in Louisiana](https://johnsonfirmla.com/blog/4-most-common-juvenile-crimes-in-louisiana/): In the last three months (Q4) of 2021, over 700 minors were placed in correctional facilities or secure temporary housing... - [Family of Teen Killed in Oil Storage Explosion Seeks Answers in Federal Lawsuit](https://johnsonfirmla.com/blog/family-of-teen-killed-in-oil-storage-explosion-seeks-answers-in-federal-lawsuit/): Zalee Day-Smith, 14, was sitting on an oil tank just 500 yards from her mother’s home when the tank’s battery... - [How to Beat a Trespassing Charge in Louisiana](https://johnsonfirmla.com/blog/how-to-beat-a-trespassing-charge-in-louisiana/): If you were arrested for trespassing, you need to hire a criminal lawyer. Louisiana has strict trespass laws, and you... - [Former St. Tammany Sheriff Stands Trial for 8 Counts of Sex Crimes](https://johnsonfirmla.com/blog/former-st-tammany-sheriff-stands-trial-for-8-counts-of-sex-crimes/): Three hours from Lake Charles, a man who spent two decades as sheriff of St. Tammany Parish is standing trial... - [What is a shoulder impingement personal injury claim?](https://johnsonfirmla.com/blog/what-is-a-shoulder-impingement-personal-injury-claim/): Typically, if you are injured by another person or due to another person’s actions in Louisiana, you can take them... - [Are private hospitals putting profits over patient safety?](https://johnsonfirmla.com/blog/private-hospitals-putting-profits-over-patient-safety/): In 1999, the Institute of Medicine revealed that medical errors are the leading cause of death and injuries in U.... - [Top Signs of Nursing Home Abuse and Neglect](https://johnsonfirmla.com/blog/top-signs-nursing-home-abuse-neglect/): Making the move to a Louisiana nursing home may have been a difficult transition for your loved one, and for... - [Auto-pedestrian accident claims the life of Louisiana woman](https://johnsonfirmla.com/blog/auto-pedestrian-accident-claims-the-of-louisiana-woman/): No matter how vigilant and careful Lake Charles pedestrians are, each is still subject to risks at the hands of... - [Car insurance won't cover all your injury costs? What should you do?](https://johnsonfirmla.com/blog/car-insurance-wont-cover-your-injury-costs/): For car accident victims, one of the most pressing questions after the crash is, “How will I get my medical... - [Louisiana DWI suspect hits and kills bicyclist, flees scene](https://johnsonfirmla.com/blog/louisiana-dwi-suspect-hits-kills-bicyclist-flees-scene/): If you drive east of Lake Charles on Interstate 10 for about an hour, you will come to Rayne, Louisiana.... - [Louisiana license suspended, trucker wreaks havoc in Maine](https://johnsonfirmla.com/blog/louisiana-license-suspended-trucker-wreaks-havoc-maine/): His driver’s license was suspended in Louisiana and his right to drive in Virginia had been revoked. Nevertheless, a 55-year-old... - [Louisiana State Police: Speed a factor in 4-vehicle fatal crash](https://johnsonfirmla.com/blog/speed-factor-in-4-vehicle-fatal-crash/): If you drive east of Lake Charles on Interstate 10 for about 150 miles, you will wind up in Ascension... - [Research: distracted drivers think they’re ‘extremely safe’](https://johnsonfirmla.com/blog/distracted-drivers-think-extremely-safe/): It’s a common sight around Lake Charles: drivers with one hand on the steering wheel and one hand holding a... - [Three injured in a Six-vehicle crash in Lake Charles](https://johnsonfirmla.com/blog/three-injured-in-six-vehicle-crash-lake-charles/): Law enforcement officials said it began when Westlake police officers tried to stop a car for speeding. It ended minutes... - [Surprising statistics about deaths in war and motor vehicle crashes](https://johnsonfirmla.com/blog/surprising-statistics-about-deaths-in-war-and-motor-vehicle-crashes/): The sacrifices made by Americans who fought and died in defense of freedom in World War I and World War... - [A Look at the Past, Present and Future of Auto Safety Improvements](https://johnsonfirmla.com/blog/auto-safety-improvements/): It is customary in the first days of a new year to look both backward and forward in time. So... - [Deadly Truck Accidents on the Rise in Lake Charles](https://johnsonfirmla.com/blog/deadly-truck-accidents-on-the-rise-in-lake-charles/): Photo credit: Google Maps - [Car Accident Lawyers Advise Never to Say THESE Two Words after Being in a Crash](https://johnsonfirmla.com/blog/car-accident-lawyers-advise-never-say-words-after-being-crash/): Caring for others is human nature. You want people to be healthy and, after an accident, you’re concerned if that’s... - [Work Accident due to Third-Party Negligence? Here Are Your Options](https://johnsonfirmla.com/blog/work-accident-due-third-party-negligence/): All of the petrochemical plants and manufacturing facilities in the Lake Charles area have workplace safety guidelines. If you work... - [Drunken Highway Crash Takes Life of Louisiana Man](https://johnsonfirmla.com/blog/drunken-highway-crash-takes-life-of-louisiana-man/): If you drive about 70 miles east of Lake Charles, you will come to St. Landry Parish. Louisiana State Police... - [Distracted Driver Crashes Big Rig on Louisiana Interstate](https://johnsonfirmla.com/blog/distracted-driver-crashes-big-rig-on-louisiana-interstate/): Photo credit: Google Maps - [Advanced Cars Causing More Car Accidents in Lake Charles](https://johnsonfirmla.com/blog/advanced-cars-causing-car-accidents-lake-charles/): A recent article in online news magazine Slate makes an interesting connection between the tragic Ethiopian Airlines crash and today’s... - [Louisiana State Police: Speed a factor in 4-vehicle fatal crash](https://johnsonfirmla.com/blog/louisiana-state-police-speed-a-factor-in-4-vehicle-fatal-crash/): If you drive east of Lake Charles on Interstate 10 for about 150 miles, you will wind up in Ascension... - [Louisiana Driver in Crash While Going to Walt Disney World](https://johnsonfirmla.com/blog/louisana-driver-in-crash-while-going-to-walt-disney-world/): If you drive about 120 miles northeast of Lake Charles, you will come to the small city of Marksville, the... - [A Safer Way to Get Home on New Year's Eve in Lake Charles](https://johnsonfirmla.com/blog/safe-travel-new-years-eve-lake-charles/): This past year has been a wild ride, but 2018 is drawing to a close. It will end as all... - [By the numbers: Louisiana fatal accident reports](https://johnsonfirmla.com/blog/louisianas-car-accidents/): A fatal motor vehicle crash happens somewhere in Louisiana every 11 hours, 21 minutes and 42 seconds, according to a... - [Louisiana Family Waits for Answers in Work-Related Accident](https://johnsonfirmla.com/blog/louisiana-family-waits-for-answers-in-work-related-accident/): Louisiana has an enviable combination of natural resources (oil and natural gas) and modes of transportation that includes busy ports,... - [Cars Receiving Poor Marks in Safety Tests Could Cause Lake Charles Car Accidents](https://johnsonfirmla.com/blog/cars-receiving-poor-marks-in-safety-tests-could-cause-lake-charles-car-accidents/): Photo credit: Google Maps - [Louisiana Man Saves Family in Truck Accident](https://johnsonfirmla.com/blog/louisiana-man-saves-family-in-truck-accident/): He learned about life and how to conduct himself in a couple of important ways: he was born and raised... - [Crowd Safety Tips for Mardi Gras Celebrations in Lake Charles](https://johnsonfirmla.com/blog/crowd-safety-tips-for-mardi-gras-celebrations-in-lake-charles/): As the end of Mardi Gras nears and Shrove Tuesday approaches, the final parades and events are in full swing.... - [Mardi Gras Drunk Driving Crash Victims Still Recovering](https://johnsonfirmla.com/blog/mardi-gras-drunk-driving-crash-victims-still-recovering/): It has been nearly a year since a drunk driver slammed his pick-up truck into a crowd gathered to watch... - [AAA: Cellphone Use Drives Up Car Accident Risks](https://johnsonfirmla.com/blog/cellphone-use-car-accident-risks-lake-charles/): It’s a common sight as you drive around Lake Charles: people talking on their cellphones while they’re behind the wheel... - [Does car insurance cover personal injury claims?](https://johnsonfirmla.com/blog/car-insurance-wont-cover-my-injury-costs-what-can-i-do/): Car accidents are expensive, and injured people often wonder if car insurance will cover their personal injury claim. The reality... - [Crowded Roads in Lake Charles for Holiday Season](https://johnsonfirmla.com/blog/crowded-roads-in-lake-charles-for-holiday-season/): Lake Charles sits between two of America’s great cities: Houston, Texas, and Louisiana’s own New Orleans. So it is not... - [Why You Shouldn't Settle a Car Accident Claim Without a Lawyer](https://johnsonfirmla.com/blog/why-to-avoid-diy-after-car-accident/): In a car accident, when you suffer an injury due to no fault of your own, it’s easy to assume... - [Confusion Reigns as Driverless Cars Approach](https://johnsonfirmla.com/blog/confusion-reigns-as-driverless-cars-approach/): Earlier this year, Transportation Secretary Elaine Chao said that self-driving cars have arrived. “They can drive on the highway,” she... - [Louisiana DWI Suspect Kills Bicyclist, Flees Scene](https://johnsonfirmla.com/blog/louisiana-dwi-suspect-kills-bicyclist-flees-scene/): If you drive east of Lake Charles on Interstate 10 for about an hour, you will come to Rayne, Louisiana.... - [Louisiana Truck Driver with Suspended License Causes Truck Accident](https://johnsonfirmla.com/blog/louisiana-truck-driver-with-suspended-license-causes-truck-accident/): His driver’s license was suspended in Louisiana and his right to drive in Virginia had been revoked. Nevertheless, a 55-year-old... - [Louisiana Legislature Rejects Big Rig Safety Proposal](https://johnsonfirmla.com/blog/louisiana-legislature-rejects-big-rig-safety-proposal/): As everyone who has ever driven on I-10 knows, the biggest and most dangerous vehicles on the road are 18-wheelers.... - [Lake Charles Woman Killed in Pedestrian Car Accident](https://johnsonfirmla.com/blog/lake-charles-woman-killed-in-pedestrian-car-accident/): No matter how vigilant and careful Lake Charles pedestrians are, each is still subject to risks at the hands of... - [Louisiana Man Dies After Being Hit by Drunk Driver](https://johnsonfirmla.com/blog/louisiana-man-dies-after-being-hit-by-drunk-driver/): Louisiana residents who are injured in accidents caused by the negligence of others understandably may want to seek compensation and... - [Are You Aware of Problems the Elderly Face in Nursing Homes?](https://johnsonfirmla.com/blog/nursing-home-problems-lake-charles/): Making the move to a Louisiana nursing home may have been a difficult transition for your loved one, and for... - [Medical Errors Third Leading Cause of Death in U.S.](https://johnsonfirmla.com/blog/medical-errors-third-leading-cause-of-death-in-u-s/): When you visit the hospital or a clinic to see your physician, you place the utmost trust in his or... - [Private Hospitals Putting Profits Over Patient Safety](https://johnsonfirmla.com/blog/private-hospitals-medical-malpractice/): In 1999, the Institute of Medicine revealed that medical errors are the leading cause of death and injuries in U.... --- ## FAQs - [How do you get a domestic violence charge dropped?](https://johnsonfirmla.com/faqs/criminal-defense/can-domestic-violence-charges-be-dropped/): In Louisiana, domestic violence charges are taken very seriously. These charges typically arise from allegations of physical harm or threats... - [Can a person be charged with a crime without evidence?](https://johnsonfirmla.com/faqs/criminal-defense/can-a-person-be-charged-with-a-crime-without-evidence/): No, a person cannot be charged with a crime without evidence. There must be sufficient evidence to establish probable cause... - [Changing a prenuptial agreement after marriage – It’s difficult but possible](https://johnsonfirmla.com/faqs/family-law/can-you-change-a-prenuptial-agreement-after-marriage/): For many couples, a prenuptial agreement is a practical measure taken to protect their assets and financial interests before entering... - [​​What do I do if I can’t afford a lawyer?](https://johnsonfirmla.com/faqs/personal-injury/what-to-do-if-you-cant-afford-a-lawyer/nt-afford-a-lawyer/): Dealing with the aftermath of a personal injury can be overwhelming, particularly when you’re worried about how you’ll afford legal... - [What percent of assaults involve alcohol?](https://johnsonfirmla.com/faqs/criminal-defense/what-percent-of-assaults-are-due-to-alcohol/): Alcohol is frequently a contributing factor in many assault cases, including both sexual and physical assaults. Its role in diminishing... - [What is the difference between assault and battery?](https://johnsonfirmla.com/faqs/criminal-defense/what-is-the-difference-between-criminal-defense/): Understanding the difference between assault and battery is important, especially if you’re facing charges or sorting out issues after getting... - [Does past drug use affect child custody?](https://johnsonfirmla.com/faqs/family-law/past-drug-use/): Facing the question, “Does past drug use affect child custody? ” in Lake Charles, Louisiana, can be complicated unless you... - [How do I know if I have a case?](https://johnsonfirmla.com/faqs/personal-injury/how-do-i-know-if-i-have-a-case/): Determining whether you have a valid legal case following an incident or injury can sometimes be complex. At The Johnson... - [How long do you have to accept a settlement offer?](https://johnsonfirmla.com/faqs/personal-injury/how-long-do-you-have-to-accept-a-settlement-offer/): No specific deadline is required for individuals to meet when they receive a settlement offer on a personal injury claim.... - [What is my case worth?](https://johnsonfirmla.com/faqs/personal-injury/how-much-is-my-case-worth/): Determining the worth of your personal injury case is crucial to any legal process following an accident or injury. At... - [What’s the penalty for forgery in Louisiana?](https://johnsonfirmla.com/faqs/criminal-defense/penalty-for-forgery/): What’s the penalty for forgery in Louisiana? The penalty for forgery in Louisiana can be incredibly harsh, including thousands of... - [Can you enforce an out-of-state divorce in Louisiana?](https://johnsonfirmla.com/faqs/family-law/can-you-enforce-an-out-of-state-divorce-in-louisiana/): Can you enforce an out-of-state divorce in Louisiana? State laws oversee how divorces proceed and inform spousal support and child... - [How do I get a bench warrant recalled in Louisiana?](https://johnsonfirmla.com/faqs/criminal-defense/how-to-get-bench-warrant-recalled/): How do I get a bench warrant recalled in Louisiana? It’s possible for a judge to recall your bench warrant,... - [What happens when you take a plea deal in Louisiana?](https://johnsonfirmla.com/faqs/criminal-defense/what-happens-plea-deal-louisiana/): What happens when you take a plea deal in Louisiana? Even though the Sixth Amendment to the U. S. Constitution... - [What is considered self defense in Louisiana?](https://johnsonfirmla.com/faqs/criminal-defense/what-is-self-defense-in-louisiana/): What is Considered Self Defense in Louisiana? How Louisiana State Law Defines Self-Defense Circumstances in which self-defense is justifiable are... - [What Happens if I Violate Probation?](https://johnsonfirmla.com/faqs/criminal-defense/what-happens-if-i-violate-probation/): What Happens if I Violate Probation? If you have been found guilty of committing a crime, then a few things... - [How do I find out if there’s a warrant for my arrest in Louisiana?](https://johnsonfirmla.com/faqs/criminal-defense/how-do-i-find-out-if-i-have-an-arrest-warrant-in-louisiana/): How do I find out if there’s a warrant for my arrest in Louisiana? Taking immediate action is essential if... - [Can you get kicked out of college for being arrested?](https://johnsonfirmla.com/faqs/criminal-defense/can-you-get-kicked-out-of-college-for-being-arrested/): Can you get kicked out of college for being arrested? Getting arrested is scary for anyone, but it can be... - [Dismissal vs. expungement: What’s the difference?](https://johnsonfirmla.com/faqs/criminal-defense/dismissal-vs-expungement/): Dismissal vs. expungement: What’s the difference? A criminal record affects your employment and housing opportunities, can interfere with child custody... - [Will I lose my job if I get arrested?](https://johnsonfirmla.com/faqs/criminal-defense/will-i-lose-my-job-if-i-get-arrested/): Will I lose my job if I get arrested? It makes sense to wonder, “Will I lose my job if... - [Louisiana Protective Order Laws for Domestic Violence](https://johnsonfirmla.com/faqs/family-law/louisiana-protective-order-laws/): Louisiana Protective Order Laws for Domestic Violence A protective order is also known as a restraining order, injunction against abuse,... - [What are the Louisiana sexting laws for juveniles?](https://johnsonfirmla.com/faqs/criminal-defense/sexting-laws-in-louisiana/): What are the Louisiana sexting laws for juveniles? In some cases, sexting between teenagers can be considered a crime, and... - [Can I still be charged with possession of child pornography if it was an accident?](https://johnsonfirmla.com/faqs/criminal-defense/possession-of-child-pornography/): Can I still be charged with possession of child pornography if it was an accident? In the state of Louisiana,... - [In Louisiana, what are some crimes where juveniles are tried as adults?](https://johnsonfirmla.com/faqs/criminal-defense/what-are-some-crimes-where-juveniles-are-tried-as-adults/): In Louisiana, what are some crimes where juveniles are tried as adults? While juveniles usually do not have to worry... - [Can I refuse the standardized field sobriety test or the breathalyzer test?](https://johnsonfirmla.com/faqs/criminal-defense/can-i-refuse-breathalyzer/): CAN I REFUSE THE STANDARDIZED FIELD SOBRIETY TEST OR THE BREATHALYZER TEST? Standardized field sobriety tests (SFST) and breathalyzer tests... - [Are DWI/DUI roadblocks and checkpoints legal?](https://johnsonfirmla.com/faqs/criminal-defense/are-dwi-dui-checkpoints-legal/): Are DWI/DUI roadblocks and checkpoints legal? DWI/DUI roadblocks and checkpoints are temporarily set up by local law enforcement to randomly... - [During a DWI/DUI stop, can a police officer ask me questions without reading me my rights?](https://johnsonfirmla.com/faqs/criminal-defense/during-a-dwi/dui-stop-can-a-police-officer-ask-me-questions-without-reading-me-my-rights/): During a DWI/DUI stop, can a police officer ask me questions without reading me my rights? Louisiana is one of... - [What rights do I have during a DUI/DWI stop?](https://johnsonfirmla.com/faqs/criminal-defense/what-rights-do-i-have-during-a-dui/dwi-stop/): What rights do I have during a DUI/DWI stop? The legality of DUI/DWI stops continue to be debated in the... - [Can I talk to a lawyer before I submit to a urine, blood, or breathalyzer test?](https://johnsonfirmla.com/faqs/criminal-defense/can-i-talk-to-a-lawyer-before-i-submit-to-a-urine-blood-or-breathalyzer-test/): Can I talk to a lawyer before I submit to a urine, blood, or breathalyzer test? When you are suspected... - [My car insurance lapsed and I had an accident. What do I do now?](https://johnsonfirmla.com/faqs/car-accidents/car-insurance-lapse-car-accident/): My car insurance lapsed and I had an accident. What do I do now? If your car insurance has lapsed... - [What to Do After an Injury?](https://johnsonfirmla.com/faqs/personal-injury/what-to-do-after-an-injury/): What to Do After an Injury One minute you’re driving down the highway, and the next you’re in an ambulance.... - [How long will my personal injury case take?](https://johnsonfirmla.com/faqs/personal-injury/how-long-will-my-personal-injury-case-take/): How long will my personal injury case take? A personal injury case is a legal proceeding that requires numerous people... - [What questions should I ask my lawyer to ensure they’re well-equipped to handle my case?](https://johnsonfirmla.com/faqs/personal-injury/what-questions-should-i-ask-my-lawyer-about-my-case/): What questions should I ask my lawyer to ensure they’re well-equipped to handle my case? Taking legal action to recover... - [Can I recover damages if I wasn't wearing a seatbelt?](https://johnsonfirmla.com/faqs/car-accidents/no-seatbelt-can-i-recover-damages/): Can I recover damages if I wasn’t wearing a seatbelt? Auto accidents can be very frightening. While it is unsafe... - [Can I file a car accident lawsuit even if I was issued a ticket?](https://johnsonfirmla.com/faqs/car-accidents/issued-ticket-car-accident-claim/): Can I file a car accident lawsuit even if I was issued a ticket? When you’ve been in a car... - [What can I do if the other driver is denying liability in our car accident?](https://johnsonfirmla.com/faqs/car-accidents/what-to-do-if-other-driver-denies-liability-car-accident/): What can I do if the other driver is denying liability in our car accident? If you were injured in... - [What happens if the at-fault party isn’t insured?](https://johnsonfirmla.com/faqs/car-accidents/what-happens-if-the-at-fault-party-isnt-insured/): What happens if the at-fault party isn’t insured? If you’ve been in a car accident, you know that insurance providers... - [What happens when a car accident claim exceeds insurance limits?](https://johnsonfirmla.com/faqs/car-accidents/what-happens-when-a-car-accident-claim-exceeds-insurance-limits/): What happens when a car accident claim exceeds insurance limits? Are you trying to settle a car accident claim? Will... - [What happens if I'm partially to blame for a crash?](https://johnsonfirmla.com/faqs/car-accidents/what-happens-if-im-partially-to-blame-for-a-crash/): What happens if I’m partially to blame for a crash? The blame for Louisiana car accidents doesn’t always fall on... - [How do you fix an incorrect police report?](https://johnsonfirmla.com/faqs/car-accidents/how-do-you-fix-an-incorrect-police-report/): How do you fix an incorrect police report? Most of the time, a police report will be very detailed and... - [Who pays for the rental car after an accident?](https://johnsonfirmla.com/faqs/car-accidents/who-pays-for-rental-car-after-accident/): Who pays for the rental car after an accident? When you are in a car accident, you may have significant... - [What information should I get from someone after witnessing a car accident?](https://johnsonfirmla.com/faqs/car-accidents/witnessing-a-car-accident/): What information should I get from someone after witnessing a car accident? When you are involved in a car accident,... - [Who is at fault in a multi-car accident?](https://johnsonfirmla.com/faqs/car-accidents/who-is-at-fault-in-a-multi-car-accident/): Who is at fault in a multi-car accident? Crashes involving two vehicles can be far less complicated than those involving... - [I was injured in a car accident with no health insurance. What should I do?](https://johnsonfirmla.com/faqs/car-accidents/injured-in-car-accident-with-no-health-insurance/): I was injured in a car accident with no health insurance. What should I do? Very few car accidents leave... - [Personal Injury Damages to Consider](https://johnsonfirmla.com/faqs/personal-injury/personal-injury-damages-to-consider/): What are personal injury damages to consider? If you were injured in a car accident, you’re probably going to leave... - [Who pays medical bills in a pending car accident case?](https://johnsonfirmla.com/faqs/car-accidents/who-pays-medical-bills-in-a-car-accident-case/): Who pays medical bills in a pending car accident case? It is not always clear who pays medical bills in... - [Is brake checking illegal in Louisiana?](https://johnsonfirmla.com/faqs/car-accidents/is-brake-checking-illegal/): Is brake checking illegal in Louisiana? Brake checking refers to a driver who deliberately slams on their brakes to force... - [What's the rule when traffic lights are out?](https://johnsonfirmla.com/faqs/car-accidents/what-to-do-when-traffic-lights-are-out/): What’s the rule when traffic lights are out? Do you know what to do when a traffic light is out?... - [Who is responsible for a car pile-up?](https://johnsonfirmla.com/faqs/car-accidents/who-is-responsible-in-a-car-pileup/): Who is responsible for a car pile-up? If you have been involved in a pile-up and it is unclear who... - [What if I am partially at fault for my truck accident?](https://johnsonfirmla.com/faqs/truck-accidents/partial-fault-in-truck-accidentss/): What if I am partially at fault for my truck accident? Auto accidents are stressful no matter the situation, but... - [How do truck accident investigations work?](https://johnsonfirmla.com/faqs/truck-accidents/how-do-truck-accidents-investigations-work/): How do truck accident investigations work? Truck accident victims require substantial compensation to reach full recovery and get justice for... - [What's the average settlement for a semi-truck accident?](https://johnsonfirmla.com/faqs/truck-accidents/what-is-the-average-settlement-for-a-semi-truck-accidents/): What’s the average settlement for a semi-truck accident? Unfortunately, accidents happen, and they are much more dangerous when a semi-truck... - [Why are truck driver hours of service a thing?](https://johnsonfirmla.com/faqs/truck-accidents/why-are-truck-driver-hours-of-service-a-thing/): Why are truck driver hours of service a thing? Trucking hours of service require that a commercial driver stop driving... - [What are the elements of informed consent?](https://johnsonfirmla.com/faqs/medical-malpractice/what-are-the-elements-of-informed-consent/): What are the elements of informed consent? What is and is not included in informed consent Medical practitioners are legally... - [Who gets the dog in a divorce?](https://johnsonfirmla.com/faqs/family-law/who-gets-the-dog-in-a-divorce/): Who gets the dog in a divorce? 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A... --- # # Detailed Content ## Pages - Published: 2024-08-08 - Modified: 2024-08-08 - URL: https://johnsonfirmla.com/criminal-defense-news/ Criminal Defense News The criminal defense lawyers at The Johnson Firm have been featured in several prominent publications for their successful case results. Read some of the news stories about their cases below. --- - Published: 2024-08-08 - Modified: 2024-08-08 - URL: https://johnsonfirmla.com/thankyou/ Thank you! Your details have been submitted. Our representative will reach out to you. We treat each case with care and attention. Explore More --- - Published: 2024-07-22 - Modified: 2024-07-22 - URL: https://johnsonfirmla.com/louisiana-child-support-calculator/ Louisiana Child Support Calculator - The Johnson Firm Skip to content About Us Our Team Jonathan Johnson Adam Johnson Terry Johnson Kilburn Landry Erin Abrams Becky Hunter Fred LeBleu Andrew Leonards Ashlyn Esterly Cooper Fournet Nathan W. Jones Practice Areas Personal Injury Car Accidents Motorcycle Accidents Medical Malpractice Wrongful Death Offshore Accidents Plant Explosion Truck Accidents Criminal Defense Lake Charles DUI & DWI Attorneys Drug Offense Homicide Assault & Battery Internet Crimes Professional Disciplinary Actions White Collar Criminal Defense Juvenile Defense Sex Crime Defense State Charges Expungement Domestic Violence Family Law Divorce Child Custody Child and Spousal Support Community Property Partition Contempt of Court Adoption Attorney Prenuptial Agreements Clients Perspectives Case Results Resources Blog FAQs News Child Support Calculator Contact Client Form Make A Payment (337) 433-1414 Louisiana Child Support Calculator Select Your Custody Plan Below to Calculate Your Child Support Payment: Standard Joint Custody Shared Custody Custodial Parent Non-Custodial Parent Monthly Gross Income Combined Monthly Adjusted Gross Income Percentage of Share of Income How many children do you have? ---Select Child--- 1 2 3 4 5 6 Additional Costs: Child Care Costs Child's Health Insurance Premium Extra Medical Expenses (uninsured only) Extra Expenses (Agreed by parties or court) Each Party's Support Obligation Direct payments made by the noncustodial parent on behalf of the child for child care costs, health insurance premiums, extraordinary medical expenses, or extraordinary expenses. Recommended Child support order Reset Petitioner Defendant Monthly Gross Income Combined Monthly Adjusted Gross Income Percentage of Share of Income How many... --- - Published: 2024-06-30 - Modified: 2024-06-30 - URL: https://johnsonfirmla.com/privacy-policy/ Important information about our privacy policy and website terms of use are found below. Privacy and Terms of Use Policy Our Commitment to Privacy Your privacy is very important to us. We want you to use https://johnsonfirmla. com/ with confidence in our ability to deliver an exceptional customer experience. To better protect your privacy, we provide this notice explaining our online information practices. To make this notice easy to find, we make it available on our homepage. The Information We Collect https://johnsonfirmla. com/ collects user-provided, personally identifiable information (such as your name, email address, phone number, etc. ) from businesses and individuals who inquire about our services or the services. Like most websites, we use cookies and third-party tracking to include Google, Bing, and Facebook to enhance your experience, gather general visitor information, and track visits to our website. See details below. The Way We Use Information We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone. We will use your information to respond to you, regarding the reason you contacted us. Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy. We also use non-identifying website visitor data to better design our website and improve the user experience.... --- - Published: 2024-06-30 - Modified: 2024-07-01 - URL: https://johnsonfirmla.com/about-us/ About The Johnson Firm Since 1980, attorneys at The Johnson Firm have provided superior legal service to residents of southwest Louisiana. We’re proud to call Lake Charles home, and we’re grateful that so many neighbors have trusted us throughout the years. When you work with The Johnson Firm, you’re working with a team of family-oriented lawyers who are fully dedicated to helping you. We work hard to obtain the most favorable outcome in every case, and we’ll take the time to get to know you and understand your situation. Below you’ll find answers to common questions about our legal specialities, experience, and fees. For additional questions, please visit our FAQ page or contact us at (337) 433-1414. Specialties and Experience In what areas of law does the firm practice? We specialize in the areas of: Personal Injury, Criminal Defense, and Family Law. How long have the attorneys been practicing law? Terry Johnson, our founder, has been practicing for more than 40 years. Jonathan Johnson joined the firm in 2006 and Adam Johnson in 2009. Kilburn Landry joined the firm in August 2018, and Erin Abrams joined in late 2019. Payment and Fees How much does it cost to come in and speak to an attorney? For Personal Injury matters, there is no cost to schedule an initial consultation. For Family Law and Criminal Defense cases, there is a $200 initial consultation fee that will ultimately go toward your total legal bill should you elect to hire us. Do you accept... --- - Published: 2024-06-30 - Modified: 2024-09-23 - URL: https://johnsonfirmla.com/contact/ Contact Us For your consultation Let's get started Since 1980, attorneys at The Johnson Firm have provided superior legal service to residents of southwest Louisiana. We’re proud to call Lake Charles home, and we’re grateful that so many neighbors have trusted us throughout the years. Call Us: (337) 433-1414 --- - Published: 2024-06-13 - Modified: 2025-06-11 - URL: https://johnsonfirmla.com/ Justice Isn’t Given. It’s Won. Isn’t Given. It’s Won. Serving clients in Lake Charles since 1980 Let’s build your case Justice Isn’t Given. It’s Won. Serving clients in Lake Charles since 1980 Let’s build your case It’s profoundly rewarding to help families turn a tough situation into something hopeful. That’s why I’m an attorney: to help people build better futures for themselves and their families. Erin Abrams Clients know that I’ll focus all my attention on them, that I’ll make them proud, but most importantly, I’ll do everything I can to win their case and help them move on. Kilburn Landry https://johnsonfirmla. com/wp-content/uploads/2024/07/banner-video. mp4 Practice Areas Our team has the experience needed to understand your challengesand develop the individualized strategies that you need. Delivering Justice Since 1980 Sound Counsel Just Defense Rightful Recovery Request a Consultation* OR CALL NOW 337. 427. 8961 Experienced Attorneysin Lake Charles, Louisiana No one will care about your Personal Injury, Criminal Defense, or Family Law case like our Lake Charles attorneys. We’re committed to truly partnering with you, ensuring you’re educated and updated every step of the way. Our team works diligently to get you results. LEARN MORE ABOUT US Featured Case Results View all case results Testimonials What our client say about us... READ MORE TESTIMONIALS --- --- ## Posts - Published: 2025-08-22 - Modified: 2025-08-22 - URL: https://johnsonfirmla.com/blog/how-to-get-a-drug-trafficking-charge-dismissed/ - Categories: Criminal Law If you're facing drug trafficking charges in Louisiana: Secure legal representation immediately - this is critical Drug trafficking is a felony with severe penalties including lengthy prison sentences A conviction impacts your entire life: employment, housing, and education opportunities While complete dismissal is rare, several defense strategies can help reduce or dismiss charges Your lawyer can mount a strong defense on your behalf, protect you during police questioning, and ideally have your trafficking charge dismissed. Below, our Lake Charles drug offense attorneys explain what it takes to be found innocent in drug trafficking cases and how to get a drug trafficking charge dismissed altogether.   Understanding drug trafficking in Louisiana Drug trafficking in Louisiana is defined as the illegal transportation, distribution, or sale of controlled substances. Penalties vary based on the substance involved - trafficking marijuana carries lesser penalties than heroin or methamphetamine. For a conviction, prosecutors must prove beyond reasonable doubt that you had control over the drugs found and you intended to sell them. Common drug trafficking defenses Although the details of your case will influence how your attorney mounts a defense, there are several successful strategies that a good criminal defense lawyer may use to secure a favorable outcome. Illegal search and seizure Evidence obtained through Fourth Amendment violations (searching without a proper warrant or exceeding warrant scope) may be ruled inadmissible. If this evidence is crucial to the case, charges might be dropped due to insufficient evidence. Rights violations Procedural failures by police during arrest or... --- - Published: 2025-08-20 - Modified: 2025-08-21 - URL: https://johnsonfirmla.com/blog/does-it-matter-who-files-for-divorce-first/ - Categories: Divorce Does it matter who files for divorce first in Louisiana? It may. If you are the first to file for divorce, you can maintain a little more control over the divorce process and may have more time to get your ducks in a row, financially and otherwise. And the person who files first sets the tone for the proceedings. Will you pursue a collaborative divorce, or are you going scorched-earth? What you do and how you do it can affect your spouse’s willingness to compromise with the divorce settlement. However, before you rush off to the Calcasieu Paris courthouse, talk to our Lake Charles divorce attorneys. They can explain your options and help you get what matters most in your divorce settlement, whether it’s primary custody of your children, keeping your home, or getting alimony from your spouse. Pros and cons of being the first to file for divorce Initiating divorce proceedings can feel daunting. But, if you’re the first to file, you do so on your timeline; many people feel this gives them a certain measure of confidence and control. And, if you’ve filed your petition after a lengthy consultation with your divorce attorney, you can feel at peace knowing that you’ve taken firm steps to protect yourself. Advantages of filing for divorce first One psychological advantage to filing first is setting the tone of the proceedings. You dictate the pace of the process and may be able to better shape the narrative in ways that work toward your... --- - Published: 2025-08-15 - Modified: 2025-08-21 - URL: https://johnsonfirmla.com/blog/can-you-use-prior-convictions-as-evidence/ - Categories: Criminal Law If you have been arrested and charged with a crime, you may wonder whether you can use prior convictions as evidence to improve the outcome of your case. Previous criminal convictions can be used as a defense strategy to discredit the credibility of the prosecution’s witness, or be used by the prosecution to discredit your credibility. To protect your rights and the outcome of your case, it is essential to hire a Lake Charles criminal defense attorney from The Johnson Firm to represent you.   When prior convictions can be used as evidence in Louisiana Prior convictions can be used as evidence during a trial when a witness’s credibility is at issue. The purpose of bringing up the criminal record of the witness or you as the defendant is to cause a judge or jury to have doubts about truthfulness and reliability. Because there are rules of evidence, a balancing test must be conducted to determine if the conviction is admissible in light of the case's context. If a witness chooses to testify, it may increase the likelihood that existing evidence from a prior criminal case will be used against them. Rule 609 outlines the limitations for using previous convictions as evidence When using a prior criminal conviction as evidence, specific rules govern the use of the information. According to the Louisiana Code of Evidence 609, a witness’s criminal history may be entered into evidence if they were convicted of a crime that resulted in more than a year in... --- - Published: 2025-08-07 - Modified: 2025-08-21 - URL: https://johnsonfirmla.com/blog/what-is-the-difference-between-reasonable-suspicion-and-probable-cause/ - Categories: Criminal Law Getting pulled over by police can be a stressful experience, but it’s important to recognize what motivates them to stop you. They may have reasonable suspicion that you’ve engaged in criminal activity, but when a police officer finds evidence, they may be able to arrest you on grounds of probable cause. Yet, what is the difference between reasonable suspicion and probable cause? Here, a Lake Charles criminal defense attorney from The Johnson Firm explains reasonable suspicion vs. probable cause and breaks down the difference between them.   Reasonable suspicion allows police to stop you and ask questions Reasonable suspicion is based on observation and is a legal standard that allows law enforcement to stop or pull you over if your behaviors suggest criminal activity. Under Louisiana law, reasonable suspicion requires the officer to observe actions that indicate someone is committing, has committed, or is about to commit a criminal activity. Suppose a driver is disobeying the speed limits, weaving across the center line, or giving other indications that something might be wrong. These actions may catch the attention of law enforcement officers and cause them to stop the driver for questioning due to reasonable suspicion of driving under the influence (DUI). They may question the person and frisk the outer clothing to determine if the individual has any weapons. If they find a weapon, they can hold it until they verify if the person is legally permitted to carry it. However, police are only allowed to detain and question a... --- - Published: 2025-04-24 - Modified: 2025-08-21 - URL: https://johnsonfirmla.com/blog/what-to-expect-if-your-personal-injury-case-is-goes-to-trial/ - Categories: Personal Injury Facing a personal injury lawsuit can feel like navigating through a storm, particularly when the path leads to a trial. While many personal injury cases reach settlements outside of court, there are times when a trial becomes inevitable. This shift necessitates a comprehensive understanding of the trial process. At The Johnson Firm, our Lake Charles personal injury lawyers equip our clients with the knowledge and preparation needed for every possible turn their case might take, particularly when heading to trial. Keep reading to learn the crucial stages and components of a personal injury trial in Louisiana, helping you navigate these waters confidently. Preparing for trial The journey to trial begins long before you set foot in the courtroom. Preparation is crucial and involves several key steps. Discovery process The discovery phase is where both sides exchange information related to the case. This includes depositions, where witnesses and the involved parties are questioned under oath by attorneys from both sides. Interrogatories, written questions that must be answered under oath, and requests for documents are also part of this phase. This process helps both sides gather the facts and build their respective cases. Pre-trial motions Attorneys may file pre-trial motions before the trial to resolve procedural or substantive issues of the case. These can include motions to dismiss certain claims or to admit or exclude specific evidence. What happens during a trial? A personal injury trial is a structured process with several distinct stages. Jury selection If the trial is before a... --- - Published: 2025-04-22 - Modified: 2025-04-29 - URL: https://johnsonfirmla.com/blog/what-is-the-difference-between-murder-and-manslaughter/ - Categories: Criminal Law The main difference between murder and manslaughter, per Louisiana criminal law, is the intent of the person committing the homicide. Was it an in-the-moment crime of passion, or was the crime meticulously planned for weeks? Your mindset at the time of the alleged crime can be a determining factor in the level of charges you face, as well as your sentence if found guilty. The distinction between murder and manslaughter hinges on intent, premeditation, and the perpetrator's state of mind. Understanding these nuances is crucial in criminal law and can significantly impact legal outcomes and sentencing. As experienced Lake Charles homicide defense attorneys, we've defended people accused of both murder and manslaughter, and are well-versed in the nuances between each type of homicide charge. Murder vs. manslaughter: Understanding the legal distinctions Key differences in homicide charges In Louisiana criminal law, murder and manslaughter are both classified as homicide, but they are distinguished primarily by the intent behind the act. The critical difference lies in the perpetrator's state of mind and the circumstances surrounding the killing. Murder is homicide with malice aforethought, while manslaughter is homicide without malice aforethought. Defining malice aforethought Malice aforethought is a crucial legal concept that separates murder from manslaughter. It involves: A specific intent to kill the victim Conscious disregard for human life Can occur quickly, even in moments before the homicide Manslaughter: Unintentional or passion-driven killing Manslaughter is divided into two categories: "voluntary" and "involuntary. " Voluntary manslaughter Intentional killing without malice aforethought Occurs in... --- - Published: 2025-04-21 - Modified: 2025-04-29 - URL: https://johnsonfirmla.com/blog/examples-and-defenses-to-public-corruption/ - Categories: Criminal Law Public corruption remains a critical issue impacting trust and efficiency within government institutions. From bribery to embezzlement, the forms it can take are varied and complex. Understanding public corruption examples and the legal defenses commonly used to address these allegations is vital for both the public and legal professionals. At The Johnson Firm, our Lake Charles criminal defense attorneys recognize the broader implications of legal integrity and justice, including how corruption can indirectly affect the legal landscape. Keep reading to learn more about this type of criminal charge, then call us at (337) 433-1414 today. What is public corruption? Public corruption involves a breach of public trust and/or abuse of position by federal, state, or local officials and their private sector accomplices. By focusing on several public corruption examples, we can better understand the range of behaviors and the necessary legal responses to combat them effectively. Bribery One of the most recognizable forms of public corruption is bribery. It involves offering, giving, receiving, or soliciting something of value to influence an official's actions in the discharge of their public or legal duties. A business offering money to a government official in exchange for a contract or favorable regulation is an example of bribery. Embezzlement Embezzlement occurs when a person holding a public office misappropriates the funds that have been entrusted to them. For example, a city treasurer could divert public funds into personal accounts. Extortion Extortion in the public sector often involves public officials who use their positions to obtain... --- - Published: 2025-04-15 - Modified: 2025-04-29 - URL: https://johnsonfirmla.com/blog/is-emotional-distress-a-personal-injury/ - Categories: Personal Injury When emotional distress counts as a personal injury When we think of personal injury, physical injuries often come to mind. However, not all injuries are visible or manifest physically. Emotional distress is a significant, albeit less visible, impact of many personal and legal conflicts. Understanding when emotional distress qualifies as a personal injury is crucial, particularly in legal contexts where compensation for such damages may be pursued. At The Johnson Firm, our Lake Charles personal injury lawyers recognize the profound effects emotional distress can have on our clients' lives. This blog explores the conditions under which emotional distress is considered a personal injury and how it can be addressed legally in Louisiana. Is emotional distress considered a personal injury? Yes, in legal terms, emotional distress is often considered a form of personal injury. It refers to the non-physical damage a person might suffer due to an incident or a series of events. This can include suffering from anxiety, depression, trauma, or other emotional responses triggered by wrongful acts or negligence. Understanding emotional distress within the legal framework Under Louisiana law, emotional distress is recognized and can be actionable under certain circumstances. Specifically, emotional distress becomes a compensable personal injury when it is caused by someone else's negligence or intentional act, particularly if it leads to physical symptoms or if it stems from a particularly shocking event. Louisiana's key statutes and legal precedents consider the intensity and duration of emotional distress as part of personal injury claims. When does emotional distress... --- - Published: 2025-04-14 - Modified: 2025-04-29 - URL: https://johnsonfirmla.com/blog/how-do-you-get-a-juvenile-record-expunged/ - Categories: Criminal Law, Juvenile Defense Fortunately, Louisiana law provides mechanisms to expunge juvenile records, offering a fresh start to those who qualify. Keep reading to learn the ins and outs of expungement and juvenile defense law in Lake Charles, then call us at (337) 433-1414 to schedule a consultation and learn how we can help in your case. Understanding juvenile record expungement in Louisiana Expungement of a juvenile record in Louisiana means that the record is sealed from public view. It can provide relief to individuals who have been involved in juvenile delinquency proceedings, effectively giving them a clean slate. Eligibility for expungement The eligibility for expunging a juvenile record in Louisiana depends on several factors: Type of offense: Not all juvenile records can be expunged. Violent crimes and sex offenses often have restrictions. Completion of sentencing: The individual must have completed all terms of their sentence, including any probation or parole periods. Time period: There is often a required waiting period after the completion of the sentence or after reaching adulthood before one can apply for expungement. How to apply for expungement of a juvenile record Step 1: Review your record First, obtain a copy of your juvenile record from the parish where the offenses occurred. This will help determine what can be expunged and identify any potential issues that might arise during the expungement process. Step 2: Confirm eligibility Consult with a knowledgeable attorney at The Johnson Firm to confirm your eligibility for expungement. This includes reviewing the specific charges, the outcome of... --- - Published: 2025-04-07 - Modified: 2025-08-21 - URL: https://johnsonfirmla.com/blog/louisiana-first-time-offender-law/ - Categories: Criminal Law Is this your first arrest? You may be eligible for pretrial diversion through Louisiana's first-time offender law Facing the Louisiana criminal justice system for the first time can be daunting. Many first-time offenders, often involved due to simple mistakes or lack of knowledge, may feel overwhelmed by the process of court appearances and interactions with law enforcement. However, Louisiana provides several avenues for relief, including pretrial diversion programs aimed at helping first-time offenders clear their records and potentially avoid significant jail time. To navigate these opportunities effectively, it's crucial to have guidance from an experienced Lake Charles criminal defense attorney. Our firm specializes in handling cases for first-time misdemeanor and felony offenders, ensuring your rights are protected and exploring every option to mitigate penalties. Contact us today to discuss how we can assist you with Louisiana's first-time offenders programs. How to qualify for a pretrial diversion program in Louisiana The primary prerequisite for qualifying for a Calcasieu Parish pretrial diversion program is proving you have no criminal record. This usually includes offenses committed when you were a minor; most programs require that you have no previous exposure to the state's criminal justice system whatsoever. If you fit this requirement, then you may be eligible for this program if your charge is for something relatively minor, such as: Drug possession or possession with intent to sell (under a certain amount of product) DWI Shoplifting (under a certain dollar amount) Alcohol possession by a minor Simple battery or assault Trespassing Reckless driving... --- - Published: 2025-02-20 - Modified: 2025-04-29 - URL: https://johnsonfirmla.com/blog/when-is-an-emergency-custody-order-necessary/ - Categories: Family Law An emergency custody order may be necessary in situations where a child is being abused or neglected or when a parent has made credible threats of kidnapping. Louisiana law permits parents to file an emergency custody hearing to remove the child temporarily from the other parent’s custody, but the courts still require the petitioner to make a proof-based case for their petition. A Lake Charles child custody attorney from The Johnson Firm can help you understand how to substantiate your emergency custody petition and help you keep your child safe. Call today at (337) 433-1414. What is an emergency custody order? Emergency custody orders, also referred to as ex parte custody orders, are legal motions filed with a Louisiana family law court to grant immediate custody of the child to the petitioner. Ex parte orders may be granted without a hearing before the court,, providing immediate relief via orders that are temporary and emergent. An ex parte filing may often be necessary in child abuse and neglect cases if allowing the other party to continue custody of the child will likely lead to further harm and notifying the other party would result in additional harm (such as a risk of the other party retaliating against the child or fleeing to avoid giving up custody). When a child is subject to physical, emotional, or sexual abuse, is severely neglected, has been abandoned, or if the custodial parent is abusing drugs or alcohol, then the court can intervene to remove the child... --- - Published: 2025-02-14 - Modified: 2025-03-13 - URL: https://johnsonfirmla.com/blog/can-a-parent-relocate-with-joint-custody/ - Categories: Family Law One of the more complex issues in family law involves relocation in cases where parents share joint custody. One parent's decision to move can significantly impact the custody arrangement and the child's well-being, whether due to a job opportunity, family support, or other personal reasons. At The Johnson Firm, our Lake Charles child custody attorneys regularly assist clients in navigating the complexities of relocation in joint custody scenarios, ensuring that all actions align with Louisiana laws and serve the child's best interests. This blog explores the legalities and considerations surrounding the question: can a parent relocate with joint custody? Mother Carrying Boxes While Son Playing With Cat At Home Understanding joint custody in Louisiana In Louisiana, joint custody is typically arranged to maximize the child's time with both parents, which is believed to be in the child's best interest. Joint custody requires both parents to share the legal responsibility and physical care of the child. In instances where the court does not designate a “domicilliary parent,” decisions about the child's education, health, and welfare are made jointly, unless a court specifies otherwise due to extenuating circumstances. Legal requirements for relocating with a child When a parent with joint custody wishes to relocate with the child, Louisiana law sets forth specific procedures that must be followed. As outlined in Louisiana’s "Relocation Statute," a parent wishing to relocate must provide written notice via certified mail to the other parent. This notice must be sent at least 60 days before the proposed relocation... --- - Published: 2025-02-02 - Modified: 2025-03-13 - URL: https://johnsonfirmla.com/blog/what-not-to-post-on-social-media-during-a-divorce/ - Categories: Family Law Navigating a divorce can be an emotionally fraught and complex process. In today's digital age, the impact of social media activity on legal proceedings cannot be overstated. Social media posts can significantly affect the outcome of divorce proceedings, influencing everything from child custody decisions to asset division. At The Johnson Firm, our Lake Charles divorce attorneys emphasize the importance of cautious social media use during divorce. Keep reading for detailed guidance on what not to post on social media during a divorce to protect your legal interests. Understanding the impact of social media on divorce cases Social media platforms can serve as a treasure trove of information that could be used against you in a divorce case. Public posts, pictures, messages, and even location check-ins can be interpreted in ways that might not reflect your intentions. Under Louisiana law, information gathered from social media can be admissible in court and have unintended legal consequences. Posts that can negatively affect your divorce To safeguard your interests during a divorce, it’s crucial to be aware of the types of social media posts that can create complications in your case. Financial information Any posts that suggest a more lavish lifestyle than reported during the divorce proceedings can be problematic. For example, posting pictures of expensive purchases, vacations, or nights out can lead to disputes over financial disclosure and asset division. Related article for further reading:Separate bank accounts in a divorce: Things to keep in mindFive ways to keep your costs lower when divorcing... --- - Published: 2025-01-21 - Modified: 2025-03-13 - URL: https://johnsonfirmla.com/blog/how-to-file-for-divorce-in-the-military/ - Categories: Divorce Plus: Unique legal challenges and considerations of military divorce in Louisiana For service members stationed at Louisiana’s military installations, such as Barksdale Air Force Base, Fort Johnson, or the Naval Air Station Joint Reserve Base New Orleans, understanding how to navigate the complexities of a military divorce is essential. Below, our Lake Charles divorce attorneys walk you through the step-by-step process for filing a military divorce in Louisiana. We explore the unique aspects of military divorce and offer guidance on managing the legal hurdles specific to military families. If you’re considering divorce, contact us online or call (337) 433-1414 to schedule a consultation today. Step 1: Determine where to file the divorce One of the first decisions in a military divorce involves determining the appropriate jurisdiction to file the divorce papers. Unlike civilian divorces, military couples can choose to file for divorce in: The state where the service member is currently stationed. The state where the service member claims legal residency. The state where the non-military spouse resides. For military personnel, Louisiana allows you to file in the state if it is your legal residence, even if you are stationed elsewhere. Address residency requirements Make sure you or your spouse meet the residency requirement to file in Louisiana. Typically, you must have lived in the state for at least six months before filing. Step 2: Gather necessary documentation Collect all necessary military documentation, such as leave & earning statements (LES) and civilian financial documents. This will be important for determining... --- - Published: 2025-01-14 - Modified: 2025-02-07 - URL: https://johnsonfirmla.com/blog/state-charges-vs-federal-charges/ - Categories: Federal/State Charges Navigating the complexities of the legal system can be daunting, especially when differentiating between state and federal charges. This distinction influences the strategic approach to a case and significantly affects its potential outcomes. Here at The Johnson Firm, our deep dive into the nuances between state and federal jurisdictions is designed to demystify these differences for anyone facing or involved in criminal charges. Keep reading to learn the differences, then call a Lake Charles criminal defense attorney at (337) 433-1414 to get started on your case. Jurisdiction and authority The fundamental difference between state and federal charges lies in the jurisdiction that prosecutes the offenses. State charges are violations of state statutes and are handled by city or county courts within the state. In contrast, federal charges involve violations of federal laws and are prosecuted by the United States government in federal courts. How jurisdiction is determined Jurisdiction generally depends on the nature of the offense and where it occurred: State charges typically arise from violations of state law committed within the state’s borders. Each state has its own criminal laws, enforced by local or state police and prosecuted by county district attorneys or state prosecutors. Federal charges are filed for crimes that violate U. S. federal laws, involve interstate activity, or occur on federal property. Federal law enforcement agencies like the FBI, DEA, or ATF, under the direction of U. S. Attorneys from the Department of Justice, handle these investigations and prosecutions. Legal differences in the courtroom The procedures... --- - Published: 2024-11-23 - Modified: 2024-12-10 - URL: https://johnsonfirmla.com/blog/why-local-legal-representation-matters/ - Categories: Criminal Law, Domestic Violence, Family Law, Personal Injury Navigating legal waters can be daunting, but having a local advocate by your side can make all the difference. In Lake Charles, The Johnson Firm stands out for its proximity and profound connection to the community and a deep understanding of local laws. Keep reading to learn why choosing local legal representation like The Johnson Firm is more than a matter of convenience—it's a strategic advantage that can significantly impact the outcome of your legal matters. From our deep-rooted ties to the community to our expansive expertise in Louisiana's legal landscape, discover how we provide unparalleled support to our clients at every step. Contact us online or call (337) 427-8961 for a . Local knowledge and expertise The Johnson Firm boasts a team familiar with the Louisiana legal landscape, particularly in Lake Charles. Local legal representation means having lawyers who know the state laws and understand how they are applied in local courts. Our attorneys are well-versed in the nuances of Louisiana statutes and bring a wealth of experience tailored to the community’s needs. Understanding of local court systems Each local court operates slightly differently, and having attorneys like those at The Johnson Firm, who regularly interact with local judges and understand their procedures and expectations, can be invaluable. This familiarity can lead to more efficient case handling and faster resolutions. Community involvement and commitment At The Johnson Firm, our attorneys are not just legal experts but dedicated community members who care deeply about Lake Charles. For instance: Fred LeBleu,... --- - Published: 2024-11-09 - Modified: 2024-11-27 - URL: https://johnsonfirmla.com/blog/extended-family-child-custody/ - Categories: Family Law In Louisiana, as in many states, child custody cases are deeply influenced not only by the immediate family but also by the extended family's involvement. Extended family members can be crucial in these cases, affecting decisions from visitation rights to custody arrangements. At The Johnson Firm, our Lake Charles child custody attorneys understand the complexities of family dynamics and how they impact legal proceedings. This blog explores the significant role of extended family in child custody cases in Louisiana, providing insight into how these relationships can shape outcomes. Understanding the legal framework for extended family child custody in Louisiana Louisiana law acknowledges the importance of a child's broader family network, often considering the roles of grandparents, aunts, uncles, and other relatives in the child's life when determining custody arrangements. Under the Louisiana Civil Code, particularly Articles 132 through 134, the court's primary concern in custody decisions is the child's best interest. Included in the factors the court considers are the relationships and ties the child has with extended family members, relationships integral to the child's upbringing and welfare. The influence of extended family on custody and visitation rights Extended family members can impact child custody and visitation in several ways: Support system: Courts often favor a strong support network that includes extended family. In cases where one parent may lack sufficient support to care for the child alone, the presence of involved and supportive extended family members can be an influencing factor. Custody petitions by extended family: In certain circumstances,... --- - Published: 2024-10-23 - Modified: 2024-11-27 - URL: https://johnsonfirmla.com/blog/louisiana-criminal-records-and-your-future/ - Categories: Criminal Law A criminal record can significantly impact various aspects of your life in Louisiana. From employment opportunities to housing and beyond, the shadows cast by a past mistake are long and pervasive. Keep reading to learn how Louisiana criminal records can affect your future and discuss ways to mitigate these impacts with the help of a Lake Charles criminal defense attorney from The Johnson Firm. Understanding the impact of Louisiana criminal records Having a criminal record in Louisiana can lead to several long-term consequences that may limit your immediate opportunities and affect your future endeavors. Employment challenges One of the most significant barriers for individuals with criminal records is reduced job prospects. Many employers perform background checks before finalizing job offers. A criminal record can make it much more difficult to secure employment, especially in industries that require clean records for licensure or security clearances. Louisiana law allows employers to consider an applicant’s criminal history in their employment decisions, which can lead to potential job rejections if the offense is deemed relevant to the job’s responsibilities. Housing difficulties Just like employers, many landlords conduct background checks before leasing properties. A criminal record can pose a substantial obstacle to securing housing. This is often because of concerns about reliability or safety, particularly if the record includes felonies or drug-related offenses. Such barriers can limit housing options to less desirable areas or more costly rentals that do not require background checks. Educational opportunities and financial aid Higher education institutions often ask about criminal... --- - Published: 2024-10-11 - Modified: 2024-11-27 - URL: https://johnsonfirmla.com/blog/boating-accidents-in-lake-charles/ - Categories: Personal Injury Boating on Lake Charles allows residents and visitors to enjoy Louisiana's scenic beauty from the water, but the fun can quickly turn sour in a boating accident. Crashes on the water often result in serious injuries or even fatalities. If you or a loved one has been involved in a boating accident on Lake Charles, it’s crucial to understand how to navigate the legal waters to ensure your rights are protected and you receive the compensation you deserve. The Johnson Firm is here to guide you through this process. Keep reading to learn about boating accident liability, compensation, and more from our Lake Charles personal injury lawyers. Understanding boating accident liability in Lake Charles Determining liability in a boating accident involves several factors. Louisiana law, including the Louisiana Maritime Law and the state's personal injury statutes, will often govern these cases.   Under Louisiana Revised Statutes 34:851. 4, watercraft operators must operate their vessels reasonably and prudently. Failure to do so, whether through speeding, reckless behavior, or operating under the influence, can be deemed negligent and liable for any accidents that occur as a result. Examples of liability in boat accidents Boat accident liability can be complex, with several parties potentially at fault depending on the circumstances of the incident. Here are a few examples to illustrate how liability might be determined in different boating accident scenarios: Speeding – Operating the boat too fast for the water conditions or populated areas can lead to collisions or capsizing. Failure to follow... --- - Published: 2024-09-30 - Modified: 2024-11-27 - URL: https://johnsonfirmla.com/blog/impact-of-louisiana-dwi-laws-on-lake-charles-drivers/ - Categories: DUI/DWI Louisiana’s strict DWI laws aim to reduce alcohol-related accidents by imposing harsh penalties on offenders. Keep reading to explore the specifics of Louisiana DWI laws and learn essential legal tips to help you avoid severe penalties. At The Johnson Firm, our experienced Lake Charles DWI attorneys are well-versed in navigating these complex laws to protect your rights. Understanding Louisiana DWI laws Louisiana DWI laws are particularly strict, and understanding these can help drivers recognize the severe consequences of driving under the influence. Under Louisiana Revised Statutes 14:98,The crime of operating a vehicle while impaired is the operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when any of the following conditions exist: The operator is impaired by alcoholic beverages. The operator's blood alcohol concentration is 0. 08 percent or more by weight based on grams of alcohol per one hundred cubic centimeters of blood. The operator is impaired by any other drug, combination of drugs, or combination of alcohol and drugs. a. The term "drug" means any substance or combination of substances that, when taken into the human body, can impair the ability of the person to operate a vehicle safely. The blood alcohol concentration (BAC) limits are set at 0. 08% for drivers over 21, 0. 02% for drivers under 21, and 0. 04% for commercial vehicle drivers. Penalties for DWI in Louisiana The penalties for DWI in Louisiana escalate with each subsequent offense, reflecting the state’s commitment to deter repeat offenses: First offense –... --- - Published: 2024-09-19 - Modified: 2024-10-28 - URL: https://johnsonfirmla.com/blog/new-louisiana-laws-2024/ - Categories: Personal Injury As we move through 2024, several new laws in Louisiana are coming into effect that could significantly impact personal injury claims. At The Johnson Firm, we want to ensure you understand these changes and how they might affect your ability to seek compensation if you’ve been injured. Let’s break down some of the key changes in simple terms. More time to file your injury claim One of the most significant changes for personal injury cases is the extension of the statute of limitations for filing a lawsuit. Previously, victims had only one year from the date of injury to initiate a lawsuit. The new law, HB 315 (Act 423), extended this period to two years. This gives you more time to assess the full impact of your injury, receive ongoing treatment, and decide the best course of action for your situation. Remember, this change applies only to incidents that occur on or after July 1, 2024 and does not apply to product liability claims, which remain under the one-year limitation. Harder to sue insurance companies directly The new changes also redefine when you can directly sue an insurance company. Under the revised law, HB 337 (Act 275), direct actions against insurers are largely eliminated except under specific conditions such as the insurer's insolvency, the policyholder’s death, or when dealing with uninsured motorist claims. In most personal injury cases, your lawsuit will primarily be against the alleged tortfeasor (the person who caused the harm) rather than their insurer, except in these... --- - Published: 2024-09-08 - Modified: 2024-10-28 - URL: https://johnsonfirmla.com/blog/common-mistakes-to-avoid-in-a-car-accident-claim/ - Categories: Car Accident In the chaos that follows a car accident, it's easy to make mistakes that could jeopardize your ability to receive full compensation for your injuries and damages. At The Johnson Firm, we've guided countless clients through the complexities of car accident claims in Louisiana. Here, our Lake Charles car accident lawyers highlight some common mistakes you should avoid after a car accident to protect your legal rights. Contact us online or call (337) 433-1414 to schedule your . Mistake #1: Not calling the police to the accident scene One of the first mistakes people often make is not calling the police to the accident scene. A police report provides an official record of the incident and includes important details about the accident, which can be crucial when filing an insurance claim or a lawsuit. In Louisiana, if a car accident results in injury, death, or significant property damage, you must report the incident to the local police department. Mistake #2: Failing to gather evidence at the scene After ensuring your safety and calling the police, gathering as much evidence as possible is critical. Common mistakes after a car accident include not taking pictures of the vehicles involved, the accident scene, any visible injuries, and failing to collect contact information from witnesses. This evidence can support your claim by providing concrete details about the accident context and impact. Mistake #3: Admitting fault at the scene In the immediate aftermath of an accident, emotions can run high, and it’s natural to want... --- - Published: 2024-08-29 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/insurance-company-delay-tactics/ - Categories: Personal Injury As businesses, insurance companies look out for their bottom line, often leading to them using stalling tactics to delay or diminish your claim. Understanding these maneuvers is crucial to safeguarding your rights and securing the compensation you deserve.   From recognizing unnecessary document requests to dealing with policy misinterpretation, learn how to stand firm and ensure your claim moves forward smoothly, backed by insights from our skilled Lake Charles personal injury lawyers. Common insurance company delay tactics Insurance companies might use various strategies to delay claims processing. Awareness of these tactics can help you prepare and respond effectively, potentially reducing unnecessary delays in settling your claim. 1. Requesting unnecessary documentation One of the most common delay tactics is requesting excessive, often unnecessary, documentation. Insurers may ask you to submit more paperwork, which they claim is essential to processing your claim. This can be frustrating and time-consuming. How to respond:Always provide the necessary documents to support your claim promptly. Keep detailed records of all the documents you have submitted and when you submitted them. If you feel the documentation requests are excessive, ask the insurer to explain why each piece of documentation is necessary. 2. Frequent changes in claims adjusters Insurance companies may frequently change the claims adjuster handling your case. Each new adjuster might then restart the claims review process, claiming they need to get "up to speed," which can significantly delay the resolution of your claim. How to respond:When a new adjuster is assigned to your case, document the... --- - Published: 2024-07-13 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/legal-process-for-assault-in-louisiana/ - Categories: Criminal Law At The Johnson Firm, we specialize in guiding our clients through the complexities of the criminal justice system, particularly in cases involving assault. This guide aims to demystify the process of defending against assault charges in Louisiana, detailing each step from the initial accusation to the resolution of the case. Keep reading for more from our skilled Lake Charles assault and battery lawyers, then contact us online or call (337) 433-1414 to schedule your consultation. What is considered assault in Louisiana? In Louisiana, assault is defined as an attempt to cause physical injury to another person — for example, attempting to strike someone with a hand or object without making contact. More severe forms of assault, which may involve the use of a weapon or the intent to commit a felony, fall under the category of aggravated assault. RS 14:37 – Aggravated assault Whoever commits an aggravated assault shall be fined not more than one thousand dollars or imprisoned for not more than six months, or both. If the offense is committed upon a store's or merchant's employee while the offender is engaged in the perpetration or attempted perpetration of theft of goods, the offender shall be imprisoned for not less than one hundred twenty days without benefit of suspension of sentence nor more than six months and may be fined not more than one thousand dollars. The arrest and booking process When a person is accused of assault in Louisiana, the typical first step in the legal process is... --- - Published: 2024-07-01 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/national-roadside-traffic-safety-awareness-month/ - Categories: Car Accident Tips to stay safe during vacation season Join us this July in recognizing National Roadside Traffic Safety Awareness Month, a month-long initiative highlighting the collective efforts needed to make our roads safer. From the bustling streets of New Orleans to the quiet backroads of rural Louisiana, this pivotal month is about adopting safer driving habits, understanding local traffic laws, and taking proactive steps to avoid accidents. At The Johnson Firm, we're dedicated to supporting this vital initiative through community education and outreach and ensuring that anyone affected by roadside accidents receives the justice and compensation they deserve. If you or a loved one were hurt in a collision that wasn't your fault, call our Lake Charles car accident lawyers at (337) 433-1414. What is National Roadside Traffic Safety Awareness Month? Recognized yearly in July, National Roadside Traffic Safety Awareness Month promotes safe driving practices and increases awareness about preventing roadside accidents. It's a time when public and private organizations come together to educate the public about the importance of roadway safety, highlighting everything from seatbelts and child car seats to the dangers of distracted driving and speeding. Key roadside safety tips for drivers 1. Stay visible Always ensure your vehicle is visible to other drivers, especially at night or in bad weather conditions. Use your headlights, maintain clean signal lights, and apply reflective materials on your vehicle if necessary. 2. Maintain your vehicle Regular maintenance checks are crucial. Ensure your brakes, tires, lights, and engine are in good working condition... --- - Published: 2024-06-28 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/resources-for-domestic-violence-victims/ - Categories: Domestic Violence At The Johnson Firm, we understand the profound impact domestic violence can have on individuals and families. We are committed to providing comprehensive legal support and connecting victims with the necessary resources to escape abusive situations and begin the healing process. Keep reading for essential resources for domestic violence victims in Calcasieu Parish, including resources for male victims and addressing needs such as housing, finances, and legal assistance. If you or a loved one experience domestic violence, please call the National Domestic Violence Hotline at (800) 799-7233, then contact our Lake Charles family law attorneys at (337) 433-1414 for legal assistance. Housing resources for domestic violence victims Secure housing is critical for victims escaping violence. The Johnson Firm helps clients access: Oasis A Safe Haven – Offers emergency shelter and transitional housing options for longer-term support. Catholic Charities of Southwest Louisiana – Helps victims with emergency rental assistance and provides essential items to start anew. HUD Public Housing and Housing Choice Voucher Program – Assists victims with finding affordable housing through federal subsidy programs. Resources for male victims of domestic violence Recognizing that domestic violence knows no gender bounds, The Johnson Firm supports male victims by guiding them to appropriate resources: Oasis A Safe Haven – Located in Lake Charles, this organization welcomes male victims and offers crisis intervention, counseling, and support groups tailored to their needs. Louisiana Coalition Against Domestic Violence (LCADV) – This statewide resource provides referrals and support for male victims seeking local aid and community services.... --- - Published: 2024-04-22 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/what-happens-if-you-get-a-dui-in-the-military/ - Categories: Criminal Law, DUI/DWI Dedicating your life to protecting your country is one of the most noble pursuits you can choose. However, just because you are in military service does not mean you are above the law. Military bases still have rules, so you may be wondering what happens if you get a DUI in the military. Military officers are held up to a much higher standard than civilians, putting you in a much more severe situation if you get a DUI on base. If found guilty, you could face real consequences to your future and military career. Luckily, you can rely on the help of Lake Charles DUI attorneys to defend yourself from these allegations. Will a DUI get you kicked out of the military? The military expects a high level of performance and focus from soldiers, but various personal factors lead both active service members and veterans to alcohol abuse. In fact, in a past study published in the National Library of Medicine, 15 to 20% of veterans have engaged in frequent, heavy drinking. In some cases, this heavy drinking can turn to drinking and driving. Drunk driving, in particular, is taken incredibly seriously in the military, and anyone caught engaging in it can face harsh penalties. In addition to your military penalties, you will face consequences in civilian court. If you want to keep your position and avoid dismissal, a DUI attorney may be your only option. You may receive official discipline or a reprimand for your case. The penalties with... --- - Published: 2023-10-16 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/what-does-the-fourth-amendment-protect/ - Categories: In the News The Fourth Amendment protects you from unlawful and overreaching police interference by limiting the government's ability to conduct searches and seizures. It also prevents the government from issuing warrants unless probable cause exists – but that’s not all the Fourth Amendment protects you from. If you were arrested and are concerned that your constitutional right has been violated, you can hire a criminal defense attorney in Lake Charles, LA to help you out. The Johnson Firm is a leading choice for criminal defense cases in Louisiana. We can review your case and tell you what to do if your Fourth Amendment rights have been violated. To learn more, please get in touch with us. What are my rights under the Fourth Amendment? The Fourth Amendment right to privacy applies to all U. S. citizens. Under this right, the government cannot unlawfully search and seize your property. However, the government maintains the right to perform searches and seizures in accordance with the law. A search or seizure is considered illegal if it occurs without a person's consent, probable cause, or a warrant. For example, a police officer cannot enter a person's home without a search warrant. If an officer does, they are violating the homeowner's Fourth Amendment rights. Your criminal defense attorney can explain the Fourth Amendment in detail and answer frequently asked questions. If you have been charged with a crime and suspect your constitutional rights have been violated, we may be able to help you get the case against... --- - Published: 2023-10-09 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/louisiana-gambling-tax-on-winnings-losses-and-more/ - Categories: In the News No one likes to lose money when it comes to gambling, but that is one of the most common scenarios. The question you have then is, do you have to pay taxes on your winnings? Can you write off your losses? Understanding Louisiana gambling tax is a good starting point. Before you put down another bet, there are a few things you will want to keep in mind. Louisiana state tax on gambling winnings If you go to work each day, you likely pay taxes on your income. What happens if you win big at the casinos, though? The Louisiana Department of Revenue says that you must pay taxes on your gambling winnings if you win. Under state law, any person or business supposed to pay you gambling winnings must withhold 6% of those funds from your winnings to be paid as taxes. For example, if you play a slot machine and win $1,200, you have to have 6% of your winnings withheld (and then the state requires that the organization that pays you to provide you with a W2-G at the end of the year to show how much you won) so it can be reported to the IRS. That is for the IRS. What you need to know about gambling taxes in Louisiana The tax rate a person pays depends on their income and tax bracket. However, all earnings are subject to both federal and state taxes. The rate paid, then, is dependent on many factors. Louisiana has... --- - Published: 2023-10-02 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/understanding-louisiana-good-samaritan-law/ - Categories: Criminal Law Have you ever wondered what you would do if you saw someone choking at a restaurant? What if you saw someone suffer a drug overdose? Are you required to help, or should you just call 911? What if you’re doing drugs too? Louisiana has laws that answer these questions, establishing protections and requirements for bystanding “Good Samaritans. ” Should you face charges for offering help or failing to render aid to a person in distress, The Johnson Firm can help. You can count on our team of dedicated Lake Charles criminal defense attorneys for powerful representation. Louisiana’s Good Samaritan law: Protections and responsibilities Protections under the law An important function of Good Samaritan laws is to protect those who act in good faith to help a person in distress. Louisiana Revised Statute 37:1731 protects doctors, dentists, and other medical personnel when they render aid during emergency situations, as long as they do not cause harm by acting with “willful or wanton misconduct or gross negligence. ” Louisiana Revised Statute 9:2793 protects members of the general public who offer aid when faced with an emergency, again, as long as they do not “intentionally or by grossly negligent acts or omissions” cause harm to the person in need. Responsibilities of a Good Samaritan Louisiana laws protect Good Samaritans. However, they have a “flip side,” requiring bystanders to help in emergencies. Under Louisiana Revised Statute 14:502, “Failure to seek assistance,” bystanders who do not offer help can be charged criminally. As long as... --- - Published: 2023-09-18 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/how-to-be-an-ally-to-a-domestic-abuse-survivor/ - Categories: Domestic Violence If you know someone who is ready to move past the cycle of domestic abuse, help is available with our team of dedicated Lake Charles domestic violence lawyers. The journey to recovery and independence is not easy. We understand that each situation is unique, and we can offer an individualized approach to your personal situation. Becoming a domestic abuse survivor ally Standing with a domestic abuse survivor is challenging, but you want to be supportive. Below, we share some helpful techniques that can demonstrate your willingness to be an ally in someone’s journey away from domestic abuse in Lake Charles. Listen for language clues A domestic abuse survivor may be ready to ask for help but unsure of a safe place to turn. Survivors will often look for clues in your response to statements to judge if you are a dependable ally. Some of the language you may hear can sound like justifications for the abuser’s behavior, so rather than reacting or stating “If I were you, I would... ”, listen and respond without judgment to react in a supportive, useful way. Non-judgemental advocacy is always available from a Lake Charles domestic violence lawyer. Respond constructively Your response to a survivor’s statements may be said in defense of your loved one, but it is extremely critical not to respond in a way that makes the survivor feel responsible for what’s happening. Your loved one may retreat back to the abusive situation if your words become critical of their partner. Abusers... --- - Published: 2023-09-02 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/juvenile-interrogation-laws-in-louisiana/ - Categories: In the News According to Louisiana's juvenile interrogation laws, police officers can question a minor even if they don't contact the child's parent or get their permission. Meanwhile, a child can remain silent and is not legally required to answer any questions from the police. By contacting a Lake Charles juvenile defense attorney, the child and their parent can get the legal help they need to navigate this challenging situation. The Johnson Firm has plenty of experience with juvenile interrogations in Louisiana. We can teach you about Louisiana's juvenile interrogation laws and how they apply to your case. For more information, please get in touch with us. Can a juvenile be questioned without a parent present? Parents often wonder can a juvenile be questioned without a parent in the room. Ultimately, police officers can do just that. They can start interrogating juveniles without parents present, but kids have the right to refuse to answer any questions. “There is no absolute requirement that an attorney or guardian must be present with a juvenile suspect at the time he makes a statement. Instead, a totality of the circumstances standard is used as the basis for determining the admissibility of juvenile confessions. ” State in Int. of C. H. , 2015-1024 (La. App. 1 Cir. 11/6/15), 183 So. 3d 567, 571. Louisiana has basic rights in place for juveniles and others. If police interrogate someone, they can ask them any questions. For kids, they have the right to ask to contact a parent or have a... --- - Published: 2023-08-31 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/legal-issues-surrounding-hurricanes/ - Categories: Personal Injury When living in Louisiana, hurricanes will always be a worry in the back of your head. Your life and livelihood are always at risk of being upended by one of these destructive storms, leaving you with so much to think about that the legal part slips through the cracks. Most people never think about it until you’re suddenly in a situation where it is your problem. You may have been hurt or feel that your personal freedoms have been impaired during the hurricane relief process. Do not worry—our team can help you navigate the legal issues surrounding hurricanes, from your job to evacuation to anything else you could think of. If you have ever wondered about the legal rights to floods and hurricanes, a Lake Charles personal injury lawyer at our firm can better understand what you can depend on. Is it legal to have to work during a hurricane? The first thing you may wonder is, is it legal for me to be working during a hurricane? Should I close my business for the duration, or can I keep functioning? No OSHA regulations say whether workers must stay or leave during a hurricane, but it is regulation to provide a safe workspace. Unless there is a mandatory evacuation, it is generally up to the boss to decide whether the employees should stay or go during a hurricane. It is definitively advised to have a plan for an emergency, and many facilities already have one. The usual liability laws apply... --- - Published: 2023-08-10 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/new-jones-act-compliant-vessel-revealed/ - Categories: Offshore Accidents, Personal Injury United States boat manufacturer SAFE Boats International has recently revealed plans to build its latest Jones Act-compliant vessel. The vessel, known as Merlin, is an autonomous hydrographic survey vessel developed in collaboration with Mythos AI, Echo81, and World Marine Design. SAFE Boats International plans to build Merlin at its large-craft production facility in Tacoma, Washington. Once manufacturing is complete, the vessel will be suitable for offshore wind sector work. Continue reading to learn more, and be sure to contact The Johnson Firm if you or a loved one has been injured in an offshore accident. Key features The Merlin project is led by Safe Boats International, a Seattle-based boat maker that designs and builds safe vessels for military, law enforcement, and fire professionals. The company currently has over 2300 boats in service across the world, and Merlin is among its most innovative. State-of-the-art power package Boasting a 23-meter semi-displacement monohull design with an all-aluminum hull, Merlin will be powered by a twin Volvo Penta D13 Hybrid-ready System with integrated propulsion. The design also allows for a zero-emission power package using revolutionary hydrogen technology. Automated geophysical workflows Contributions from hydrographic systems provider Echo81 will make Merlin the industry's first geophysical vessel that can be acquired directly from the manufacturer with a fully integrated sensor suite configured for Offshore Wind in the US. Maritime autonomy provider Mythos AI's contributions include an advanced driver assist system designed to automate geophysical workflows, which will allow for operations to occur without crew members being physically... --- - Published: 2023-07-27 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/separate-bank-accounts-in-a-divorce-things-to-keep-in-mind/ - Categories: Family Law Asset division is one of the most time-intensive and complicated aspects of divorce. If you're considering divorce in Louisiana and have separate bank accounts from your spouse, it's important to understand how they might be affected, especially if you and your spouse did not enter into a prenuptial agreement prior to marriage. What does it mean to have separate bank accounts? A joint bank account is held in both spouses' names, whereas a separate account lists only one spouse's name. These accounts may be used as each couple sees fit—some choose to treat all of their finances as separate affairs, while others combine their finances and use joint accounts exclusively. In many cases, couples will use separate accounts only for specific expenses and maintain joint accounts for the rest. Couples who choose to use separate accounts usually view the money in those accounts as separate personal property rather than shared marital assets. This arrangement may work fine during the marriage, but when these couples decide to part ways, they may be surprised to find out that the law doesn't view it the same way. How do separate bank accounts work in Louisiana divorce cases? In the state of Louisiana, all assets and debts acquired during a marriage are considered community property, regardless of how they're titled or whose name is listed on them. Community property, also called “marital property,” is subject to equal division during a divorce. This includes bank accounts held in one party’s sole name unless it qualifies... --- - Published: 2023-06-29 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/countries-with-dui-restrictions/ - Categories: Criminal Law, DUI/DWI A DUI conviction can affect nearly every aspect of your life, including international travel. To the surprise of many hopeful travelers, a history of driving under the influence can prevent you from entering some countries — and having a valid passport often isn't enough to guarantee entry. If you have a DUI conviction on your record, it's important to familiarize yourself with the various countries' travel restrictions before you book a trip. Continue reading to learn more about countries with DUI travel restrictions, and be sure to contact one of our skilled Lake Charles DUI & DWI attorneys for personalized guidance on the potential consequences of your particular DUI. Strictest countries Each country has the right to control who enters its borders, and many nations have adopted policies that explicitly restrict travel for those with a DUI conviction. The following are countries with some of the strictest DUI travel restrictions. Canada Canada is one of the only nations that explicitly restricts entry for individuals with DUI convictions. If you attempt to enter Canada with a DUI, you'll likely be deemed inadmissible for "serious criminality," meaning you won't be allowed into the country. Canada does offer a way to become admissible again, but you'll need to wait until at least five years have passed since the completion of your sentence. Mexico While Mexico's travel restrictions don't specifically mention DUIs, the country may deny foreigners entry into its borders if they've been charged with or convicted of a "serious crime. " Mexican... --- - Published: 2023-01-27 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/keep-divorce-costs-low/ - Categories: Family Law Divorce is often emotionally and financially challenging. While it's unfortunately unavoidable to incur some costs, there are ways to keep your overall spending to a minimum. As you embark on the difficult process of divorce, consider these five cost-cutting strategies. If you want to ensure you are fully informed during every step of your divorce, hire a knowledgeable Lake Charles family law attorney with The Johnson Firm. To schedule your consultation, contact us online or call (337) 433-1414. 1. Create a budget Creating a budget tailored to the costs associated with your divorce can help you stay on top of your spending. First, outline your income sources and fixed expenses, such as your mortgage or rent, and determine how much you have left over for divorce-related costs. Next, list out all of the expected costs associated with your divorce. This may include court fees, attorney's fees, private investigator’s fees, travel expenses, and any other miscellaneous costs you could incur–an attorney can help you estimate some of those expenses during your consultation. Consider creating a spreadsheet to track each expense and its due date. From there, divide each expense by the number of pay periods until it's due, and add that amount to your budget. This strategy will help you determine which costs to prioritize and which are worth delaying (when possible). 2. Consider a collaborative divorce In a collaborative divorce, both parties agree to work together toward an amicable resolution outside of court. This process is often more cost-effective than... --- - Published: 2022-12-22 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/louisiana-background-check-laws-protect-your-rights-as-an-employee/ - Categories: Criminal Law If there’s something on your record you’re not particularly proud of, you’ll probably be nervous when a potential employer tells you they’re going to run a background check. Louisiana’s laws on pre-employment background checks might surprise you. If you have any questions or if you believe a prospective employer may have denied you a job in violation of the law, please get in touch with a Lake Charles criminal defense lawyer with The Johnson Firm. We’ll protect your rights and work towards a resolution. Use our contact form to learn more or give us a call at (337) 433-1414. “Fair Chance” law Commonly referred to as the “Fair Chance” law, Act 406 is an amendment to Louisiana’s Employment Discrimination Law to make substantial changes to the way employers can perform background checks. Act 406 expanded on the 2016 “Ban the Box” law (Act 398). As the name implies, the Ban the Box law eliminated the requirement on a job application to mark the “yes” box if you had been convicted of a felony. The Fair Chance law applies to all employers in the state with 20 or more employees, public or private, that perform pre-employment background checks. The Act places limits on the kinds of criminal history information that an employer can take into consideration during the hiring process. If a candidate requests a copy of their background check report, the company must provide one. Additionally, under the Fair Chance Law, employers can’t eliminate a job applicant from consideration due... --- - Published: 2022-12-07 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/football-drunk-driving/ - Categories: Criminal Law, DUI/DWI No state loves college football more than Louisiana. Stadiums across the state are filled to the brim on game day with fans rooting passionately for their teams. Unfortunately, football celebrations seem to increase incidents of drunk driving here and in other areas of the country. If you were arrested and charged for driving under the influence, get in touch with a Lake Charles DUI lawyer with The Johnson Firm as soon as possible. The long-term consequences of a DUI are simply too high not to get the best representation possible. Contact us online or call (337) 433-1414 to schedule your consultation and to learn more about how we may be able to help you. What the research shows Whether it’s at the game or watching the game at home, a friend’s house, or a bar, drinking is a tradition that has been ingrained in the college football culture for decades. It’s even evident in the beer ads during the game. The link between college football and an increased risk for an alcohol-related offense such as DUI can’t be denied, and it’s supported by research. Researchers at the National Library of Medicine conducted a study of alcohol-related arrests at a major university in three separate categories: 10 college football Saturdays, 10 holidays, and 10 Saturdays where there weren’t any football games–the “control” days. According to the results, out of 944 total arrests: 703 arrests were on the 10 surveyed college football days for an average of 70. 3 per Saturday gameday;... --- - Published: 2022-12-07 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/most-dangerous-roads-in-louisiana/ - Categories: Car Accident, Personal Injury Driving in Louisiana is not especially safe, and dangerous roads lead to motor vehicle collisions, injuries, and related costs. According to the Shreveport Times, Louisiana was recently ranked 7th in the nation for the most dangerous roads in the U. S. Both Baton Rouge and New Orleans ranked in the top 10 most dangerous cities to drive in due to a combination of driver behavior and poor road quality and maintenance, two factors which often lead to accidents. Being injured in a car accident caused by someone or something else can entitle you to compensation to cover all the costs linked to your injuries, including vehicle repairs, medical bills, plus lost wages and earnings. One of the experienced Lake Charles car accident lawyers from The Johnson Firm is standing by to review the facts related to your car accident and any injuries you sustained. Read on to learn more about Louisiana’s most dangerous roads. Drunk driving affects overall safety trends in Louisiana The Louisiana State Legislature through Sec. 98 of the state’s laws clarifies that the crime of operating a vehicle while intoxicated is when a person operates a motor vehicle, watercraft, aircraft, vessel, or other means of conveyance when the operator is under the influence of alcoholic beverages, controlled dangerous substances, prescriptions medication, or some combination of these things. In the road statistics that follow, not only are the total number of fatal accidents and deaths considered, but also the number of fatal accidents that involve a drunk driver.... --- - Published: 2022-12-06 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/co-parenting-with-a-narcissist/ - Categories: Family Law If you believe your ex’s narcissistic personality disorder (NPD) is negatively affecting your’s or your child(ren)’s wellbeing, it is time to speak with an attorney. Our Lake Charles child custody attorneys can advise you on parenting and custody matters, and we will ensure you and your child(ren) are heard and protected. Call (337) 433-1414 to get in touch with our firm. In the meantime, keep reading to learn about some of the telltale signs of narcissism in parenting. 1. They lack empathy, even toward children A person with narcissistic personality disorder has a lack of empathy toward others, meaning they have a limited ability, if an ability at all, to relate to the emotional condition of another person. Being an effective and nurturing parent often requires empathy and sympathy in order to understand the child’s feelings and to know best how to help them. This natural parenting function can be complicated for a narcissist, which might leave your child feeling unsupported and/or unloved by that parent. 2. They undermine your parenting efforts Narcissistic parents put their preferences over others, including yours. They might undermine your parenting methods in order to get what they want. For example, your ex might try and manipulate your child to get them to go along with their interests and desires. As you can imagine, these behaviors can be very harmful to impressionable young children. 3. They constantly “gaslight” you “Gaslighting” is when someone intentionally challenges another person’s feelings or experiences, making that person believe that... --- - Published: 2022-09-28 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/nuclear-verdicts/ - Categories: In the News, Personal Injury “Nuclear verdicts” have been a hot topic in the media for more than a decade, but the truth is, they’re not real. Another truth: insurance companies invented the term “nuclear verdict” in an attempt to reduce payouts to injured people and their own policyholders. The term caught on, and as a result, people started accepting far less compensation than they deserved, partly out of fear that they would be complicit in an “illegal” scheme to get more money, and partly because insurance companies convinced them that lawyers are just money-hungry semi-criminals. Attorneys calculate proposed damages awards based on intensive research, client medical bills and associated costs, and other calculable factors. When a case goes to court, damages are awarded by the judge or jury based on the evidence presented in court. If they don’t agree that the verdict is fair and just, they won’t award it. Even if the judge or jury awarded an amount that was more than the victim should receive, a Court of Appeal can lower the award. Bottom line: there is no such thing as a nuclear verdict–the U. S. legal system wouldn’t allow them to exist. At the end of the day, the award is always based on the evidence presented in Court. Jurors Don’t Award “Nuclear Verdicts” – They Award What the Plaintiff Deserves. A real-life attorney would never ask for more compensation as damages than they believe their client deserves. And the jury wouldn’t allow for “excessive” verdicts, anyway – jurors are instructed... --- - Published: 2022-06-16 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/4-most-common-juvenile-crimes-in-louisiana/ - Categories: Criminal Law, In the News, Juvenile Defense In the last three months (Q4) of 2021, over 700 minors were placed in correctional facilities or secure temporary housing in Louisiana. These young people were removed from their homes because they were accused of committing a crime. Minors are entitled to the same rights under the United States Constitution as adults. They have the right to counsel and to trial, and the attorneys at The Johnson Firm work hard to protect those rights. If your child was arrested for committing a crime in Louisiana, seek strong legal defense. Keep reading to learn some of the most common juvenile crimes. Then, call The Johnson Firm at (337) 433-1414. 1. Drug Possession Drug abuse has long been an issue among American youth. Children often use drugs because they feel pressured by their friends or classmates, to escape feelings of inadequacy, or deal with symptoms of untreated mental health issues. Children who engage in these behaviors are more likely to purchase drugs, bring them to school, and sell them to friends, all of which could lead to a drug possession charge. Louisiana’s juvenile drug arrest rate is higher than the United States average, with 253 of 100,000 minors arrested, compared to the United States average of 234 arrests per 100,000 juveniles. Unfortunately, underlying mental and emotional issues are often ignored. Instead of providing age-appropriate rehabilitation and mental and emotional support, children who may already suffer from abuse or emotional disorders are put behind bars. This often exacerbates the issue. 2. Shoplifting Shoplifting... --- - Published: 2022-03-03 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/family-of-teen-killed-in-oil-storage-explosion-seeks-answers-in-federal-lawsuit/ - Categories: Personal Injury, Work Injury, Workers' Compensation, Wrongful Death Zalee Day-Smith, 14, was sitting on an oil tank just 500 yards from her mother’s home when the tank’s battery exploded, hurling her body hundreds of yards away and killing her. Less than a year after Zalee’s death in February 2021, her family is bringing a lawsuit against the oil company that owned and operated the tank, Urban Oil & Gas Group, LLC, based in Plano, Texas, and their insurer for negligence. The lawsuit blames Urban Oil & Gas for not monitoring conditions at the site, not properly maintaining the tank, and not fencing off the area or putting up warning signs to make people aware of potential dangers. According to the lawsuit, Zalee and her family were unaware that the tanks were being used. They claim that the lack of security and safety measures at the site led them to believe that the battery was inactive and abandoned. Whether Zalee’s death resulted from oversight or negligence, Louisiana lawmakers have taken steps to prevent similar accidents in the future. On November 22, 2021, new safety regulations for similar oil tank battery sites went into effect. The regulations, developed by the Louisiana Office of Conservation (OOC) requires operators to: Surround sites with fences at least 4 feet high Enclose sites with gates that are locked when the sites are unattended Securely seal tank hatches when equipment is unmanned (unless part of a pressure relief system) Post signs noting potential hazards of the tanks. The new regulations apply to all oil tank... --- - Published: 2022-03-03 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/how-to-beat-a-trespassing-charge-in-louisiana/ - Categories: Criminal Law, Federal/State Charges, In the News If you were arrested for trespassing, you need to hire a criminal lawyer. Louisiana has strict trespass laws, and you won’t be able to have the charges dropped or reduced without the help of an experienced attorney. A lawyer at The Johnson Firm will build a defense and work hard to prevent you from having to go to jail or pay steep fines. Call (337) 433-1414 now. How to Beat a Trespassing Charge The best way to beat a charge is to be vigilant and relentless. Prosecution counts on you backing down, but attorneys at The Johnson Firm never back down, and we don’t give up on our clients. Here are just a few of the defenses we use to have clients’ charges dropped or reduced. You Had Consent We’ve seen instances where a landowner did give permission for our client to be on the property, only to forget or deny that they said so in the first place. Consent can be given through words, actions, or written permission, but it can also be obtained through the property owner’s silence or inaction. For example, a court may side with a trespasser if the landowner saw the person walk through their yard but didn’t say or do anything to stop them (and didn’t have a clearly visible ‘No Trespassing’ sign). However, you cannot get valid consent through coercion. Also, young children, legally incompetent people, and intoxicated individuals cannot give valid consent. You Were Reclaiming Your Own Property In certain circumstances, you’re... --- - Published: 2021-11-08 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/former-st-tammany-sheriff-stands-trial-for-8-counts-of-sex-crimes/ - Categories: Criminal Law, In the News, Sex Crimes Three hours from Lake Charles, a man who spent two decades as sheriff of St. Tammany Parish is standing trial for a litany of sex crimes allegedly committed before and during his role as top law enforcer. Jack Strain, 58, is on trial for eight counts of sex crimes involving juveniles: four counts of aggravated rape, two counts of aggravated incest, and one count each of indecent behavior with a juvenile and sexual battery. The trial began on Monday, October 25 and will continue until November 8, at which point the jury will decide whether Strain spends the rest of his life in prison. The prosecution led by District Attorney Warren Montgomery seeks to portray Strain as a lifelong offender whose heinous acts spilled over into his role as Sheriff. The prosecution’s witnesses include Mark Finn, a former family friend who claims Strain began sexually abusing him at the age of 6, and Skip Keen, a former coworker at the fireworks stand where, he claims, Strain molested him throughout the 1970s. The abuse continued for decades. As Strain avoided being found out, he grew more confident, adding more victims to his horrific repertoire and intimidating them into submission. The former sheriff held so much power that his victims claim they were frightened to come forward for fear of losing their jobs, their homes, and their families. Most of the current allegations against Strain were uncovered during a federal corruption investigation that led to the former sheriff being voted out of... --- - Published: 2019-09-27 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/what-is-a-shoulder-impingement-personal-injury-claim/ - Categories: In the News, Personal Injury Typically, if you are injured by another person or due to another person's actions in Louisiana, you can take them to court under personal injury law. One injury that you may sustain is called shoulder impingement. According to the National Law Review, this condition involves damage to the tendons and muscles in the shoulder. It occurs when the tendons rub causing swelling in the shoulder joint. It can be mild or severe, resulting in constant pain and the inability to use the shoulder properly. Treatment Shoulder impingement may be treatable through using medications or processes to help reduce the swelling. You may also be prescribed massage or therapy to help stretch the area and strengthen the tendons and muscles. Sometimes these actions are enough to stop the pain and discomfort. However, it is not uncommon for more treatment to be needed, which includes cortisone shots and possibly surgery. For some people, though, complete recovery may never occur and the symptoms can be chronic, affecting daily life. Common Causes This condition is caused by trauma to the shoulder. The most common cause is car accidents. Gripping the steering wheel with stiff arms during an impact can put a lot of strain on the shoulder area. Also common fall directly on the shoulder, such as those experienced by bicycle riders. In any case, a personal injury claim for this type of condition can help you to recoup the money spent on medical treatments or that lost due to not being able to... --- - Published: 2019-09-17 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/private-hospitals-putting-profits-over-patient-safety/ - Categories: Medical Malpractice, Personal Injury In 1999, the Institute of Medicine revealed that medical errors are the leading cause of death and injuries in U. S. hospitals. The group estimated that up to 98,000 people die annually because of dangerous and deadly mistakes. Reports released since then show the number to be growing with serious problems coming from private accreditor-operated facilities that make up nine out of ten hospitals. In what is considered a groundbreaking proposal from The Centers for Medicare and Medicaid Services, federal healthcare officials want private hospitals and other medical facilities to publicly disclose problems uncovered during inspections and the steps they are taking to fix them. In 2014, officials inspected 103 acute-care hospitals reviewed by an accreditor in the previous 60 days. They found 41 serious deficiencies where the accrediting organizations only found two. The shocking disparity raised concerns regarding their ability to identify and cite health and safety deficiencies during inspections. Subsequent government inspection reports provided detailed descriptions of shortcomings that took the form of medication errors, operations on the wrong patient or the wrong body part, and patient abuse. The Current Scenario Recent findings are tragically nothing new. For several years, accusations of accreditors putting the interests of paying facilities ahead of patient safety have continued. According to a 2002 Chicago Tribune investigation, medical centers identified to have life-threatening problems that included patient deaths from errors still received The Joint Commission’s seal of approval. The Joint Commission, Healthcare Facilities Accreditation Program and American Hospital Association provided qualified support at... --- - Published: 2019-09-04 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/top-signs-nursing-home-abuse-neglect/ - Categories: Nursing Home Abuse, Personal Injury Making the move to a Louisiana nursing home may have been a difficult transition for your loved one, and for you, as well. As time goes by, you hope to see that he or she has settled in and is feeling comfortable and well cared for, but even if you visit frequently, you may not be satisfied that this is so. HelpGuide. org provides some warning signs that may speak louder than words when a nursing home resident is the victim of neglect or abuse. Recognizing an Abusive Caregiver 1. Physical abuse Although accidents happen, and elderly people are often more susceptible to injury due to their frailty or poor health, a resident who is suffering from abuse may develop bed sores or have other wounds or bruises. Signs of restraint around the wrists or ankles or symmetrical bruising are also serious indicators. If the abuse is sexual in nature, the bruises may be located around genitals or breasts, and there may be unexplained bleeding. 2. Psychological abuse Bullying, intimidation, threats, humiliation and isolation are all forms of psychological abuse, and as a result, your loved one may become withdrawn, suffer mood swings or depression, or even seem to undergo personality changes. Dementia behaviors such as mumbling and rocking could actually be caused by the abuse too. In assessing the situation, watch for indications that the facility is understaffed, or that caregivers are not trained adequately or suffer from considerable workplace stress. These are significant risk factors that someone may... --- - Published: 2019-08-28 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/auto-pedestrian-accident-claims-the-of-louisiana-woman/ - Categories: Car Accident, In the News, Pedestrian Accident, Personal Injury, Wrongful Death No matter how vigilant and careful Lake Charles pedestrians are, each is still subject to risks at the hands of motorists who may fail to pay attention. This is true both at home in Louisiana and when visiting other states. Distractions including phone use, eating, talking and even fatigue can cloud a driver's ability to be observant of pedestrians who may be crossing the street. Other factors like poor visibility can also reduce a motorist's awareness of pedestrians. In a recent tragedy with local ties, a Lake Charles woman was struck and killed in an auto-pedestrian accident as she was crossing a street in the early morning hours while visiting Florida. The driver who hit her remained on the scene and cooperated with the investigation. The thoroughfare along which the woman was killed is a popular area dotted with restaurants and various entertainment venues. Authorities urged both motorists and pedestrians to be extra cautious when traveling through the area since both vehicle and pedestrian traffic is especially high around the businesses. The woman was one of three people who were hit and killed in the same area within the last month. As a result of the accident, traffic was heavily delayed while investigators worked to figure out exactly what happened. The fatal pedestrian accident is a reminder that drivers must always be on the lookout for pedestrians, especially in areas with heavy foot traffic. It is also a reminder that people on foot should not trust that drivers will see... --- - Published: 2019-08-21 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/car-insurance-wont-cover-your-injury-costs/ - Categories: Car Accident, In the News, Personal Injury For car accident victims, one of the most pressing questions after the crash is, "How will I get my medical bills paid? " The reality is that the required minimum for liability insurance coverage in Louisiana is not likely to cover the full cost of a serious injury, and people need to know their full range of options for obtaining compensation for medical expenses. Louisiana law requires at least 15/30/25 liability insurance coverage for each vehicle a person owns. The required insurance coverage breaks down like this: Payment of up to $15,000 for bodily injury to one person Payment of up $30,000 for bodily injury to more than one person in a single vehicle Payment of up to $25,000 for property damage Of course, vehicle owners can purchase more than the minimum coverage, but that is not what most people do. Considering that the potential cost of a single hospital visit can easily exceed more than $15,000, you would not be the first accident victim to be worried about medical expenses. In many crashes, the at-fault driver's insurance policy comes nowhere close to covering the medical costs resulting from the collision, not to mention the property damage. Do you have uninsured/underinsured motorist coverage? This kind of insurance coverage is designed to cover costs that another driver's coverage doesn't. However, some people are not even aware that uninsured or underinsured coverage has been added to their policy. Often an experienced personal injury attorney is needed to review the policy, interpret it,... --- - Published: 2019-07-31 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/louisiana-dwi-suspect-hits-kills-bicyclist-flees-scene/ - Categories: Car Accident, Personal Injury, Wrongful Death If you drive east of Lake Charles on Interstate 10 for about an hour, you will come to Rayne, Louisiana. The modestly sized town has been in the news recently because a 42-year-old resident has been charged with vehicular homicide after he allegedly hit and killed a bicyclist with his car and then fled the scene. The Acadia Parish sheriff said the man has been arrested five times in the past for driving while intoxicated. Police took a blood sample from him after he was found following the crash east of Rayne. Possible drunk driving charges are pending until lab results from the test are in. The Sunday night crash took the life of a 61-year-old Rayne man. Sheriff K. P. Gibson said the wreck was at about 9 p. m. and that the vehicle involved was driven from the scene. It was soon found not far away, and the suspect was then identified and apprehended. Acadia Parish deputies obtained a search warrant and had a blood sample drawn from the uncooperative suspect. Officials said his driver's license was suspended at the time of the accident due to a previous DWI conviction. He now faces charges of vehicular homicide, operating a vehicle under suspension and hit and run. For the family of a victim, the criminal justice system often offers too little justice. In some situations, families seek financial punishment for the responsible party as well. Reach Out to Our Wrongful Death Lawyer for Legal Assistance A Lake Charles personal... --- - Published: 2019-07-18 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/louisiana-license-suspended-trucker-wreaks-havoc-maine/ - Categories: In the News, Personal Injury, Truck Accident His driver's license was suspended in Louisiana and his right to drive in Virginia had been revoked. Nevertheless, a 55-year-old truck driver was on the road, although law enforcement officials say he was in no shape to be behind the wheel of a 1998 Freightliner tractor-trailer, hauling a load of lumber in Maine. What Went Wrong? In March of last year, the trucker allegedly drove after consuming alcohol and drugs, rolled his big rig and triggered a four-vehicle chain-reaction wreck that killed two people. The Tennessee truck driver recently asked a court to suppress comments he made to police officers following the 18-wheeler accident. The trucker has been indicted for manslaughter and aggravated operating under the influence, among other charges. He claims that the statements he made to officers after the crashes in Washington, Maine, were given without being informed of his Miranda rights. He also claims that statements he made while in the hospital were involuntary. State prosecutors have reportedly offered him a plea deal in which he would serve 20 years in prison. He has rejected the offer. What We Know According to witnesses, the truck was over the posted 55 mph speed limit when it crossed the center line into oncoming traffic, rounded a curve and began to roll. It struck first a pick-up truck driven by a 74-year-old man. He was the first of the trucker's two fatality victims, prosecutors allege. A 45-year-old woman was killed when her vehicle was knocked off of the highway and... --- - Published: 2019-07-05 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/speed-factor-in-4-vehicle-fatal-crash/ - Categories: Car Accident, In the News, Personal Injury If you drive east of Lake Charles on Interstate 10 for about 150 miles, you will wind up in Ascension Parish. A recent multi-vehicle highway crash there claimed the life of a 21-year-old St. Amant woman. A spokesperson for the Louisiana State Police said an initial investigation points to excess speed was a crucial factor in the deadly crash. Law enforcement officials said the crash occurred shortly after 2:30 p. m. when a 2004 Lexus GS was driven at high speed by a 17-year-old from Prairieville. The woman was a front-seat passenger in the Lexus. As the southbound Lexus approached an intersection on Airline Highway, it began to “rotate,” a news report stated. The Lexus slammed into the back end of a 2014 Dodge Ram pick-up that had stopped at the intersection. The force of the impact caused the pick-up to hit a 2016 Acura RDX, which then struck a 2016 GMC Sierra. Even though the 21-year-old woman was wearing a seatbelt, she sustained serious injuries in the initial crash and was taken to a Baton Rouge hospital. She later died there as a result of those injuries, the news report stated. According to law enforcement officials, driver impairment is not believed to have been a factor in the crash, though toxicology reports from the Louisiana State Police Crime Lab are still pending. Reach Out to Our Lake Charles Personal Injury Attorney Today If you or a loved one has suffered injuries in a motor vehicle accident caused by a... --- - Published: 2019-06-27 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/distracted-drivers-think-extremely-safe/ - Categories: Car Accident, In the News, Personal Injury It’s a common sight around Lake Charles: drivers with one hand on the steering wheel and one hand holding a phone to an ear. It’s clear when watching their animated expressions and gestures that they’re enjoying their conversation – and that they’re not paying attention to other vehicles or traffic signs. New research reveals a strange twist: when asked to assess their driving, the most distracted drivers of all tend to rate themselves “extremely safe. ” They ignore reality as easily as they ignore traffic. And the reality of distracted driving is that using your phone for talking, texting or entertainment while you’re driving makes you much more likely to end up paying compensation to accident victims. Zendrive collects data from approximately 60 million phones, helping insurers, trucking companies, and others assess the risks that individual drivers pose. Zendrive CEO Jonathan Matus said the results of the research are “just terrifying. ” It’s clear from the data that people are using their cellphones while driving, not less. “We’ve built these highly addictive experiences and people can’t help themselves. ” Matus knows a bit about “these highly addictive experiences. ” After all, he helped develop Facebook’s mobile app. Cambridge Mobile Telematics also monitors phone data for insurers. According to the company’s own research, distracted driving can drop by 35 percent among drivers who check their data regularly. When drivers see how much they’re using their devices while they’re behind the wheel, they tend to start paying more attention to driving. “Just... --- - Published: 2019-06-19 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/three-injured-in-six-vehicle-crash-lake-charles/ - Categories: Car Accident, In the News, Personal Injury Law enforcement officials said it began when Westlake police officers tried to stop a car for speeding. It ended minutes later in a six-vehicle crash that injured three people who will probably want to claim compensation for their treatment and medical bills. Westlake Police Chief Chris Wilrye told an area TV station that officers initially saw the 24-year-old driver speeding on eastbound Interstate 10. Though his speed at the time was 92 miles per hour, that would increase significantly once pursuit began. Wilrye said speeds during the chase reached 126 mph. The suspect was arrested on charges of aggravated flight from an officer with life endangerment, careless operation of a vehicle, reckless operation of a vehicle and speeding. There was no word in the KPLC report on the severity of the injuries to the three involved in the crashes, though all three were reportedly hospitalized. Wilrye said a Westlake officer saw the man going 92 mph on I-10 before it crossed the grassy shoulder at Westlake exit, then turned onto the interstate’s eastbound entrance ramp. The vehicle then accelerated to 110 mph on the Calcasieu River Bridge (the speed limit is 50 mph) and reached up to 126 mph as officers gave pursuit. The police chief said that after the man took the Shattuck Street exit into Lake Charles, he sped through a red light at the intersection of US 171 and Fruge and crashed into several vehicles. The driver was unhurt and was then taken into custody by police... --- - Published: 2019-06-07 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/surprising-statistics-about-deaths-in-war-and-motor-vehicle-crashes/ - Categories: Car Accident, In the News, Motorcycle Accidents, Personal Injury The sacrifices made by Americans who fought and died in defense of freedom in World War I and World War II are essential parts of history. The U. S. lost 535,000 military personnel in those two epic wars, but the nation has lost even more people on our streets and highways since January of 2000, according to a recent report. More than 624,000 people died in motor vehicle crashes since the turn of the century, and more are added every day. Last year, more than 36,000 people were killed in car accidents, with more than two million injured. Here’s another statistic from the news report that shows the severity of our road safety problems in the U. S. : between the years 2006 and 2012, the opioid epidemic claimed nearly 100,000 lives. During those same years, people who drove drunk or distracted or who were speeding caused 190,455 deaths. All of those people died due to driver recklessness and all of their senseless deaths were preventable. If those drivers responsible for the crashes had paid attention to the roads and traffic instead of drinking, texting or speeding, we would still have all those sons, daughters, mothers, fathers, toddlers, teens and seniors with us. There is little doubt that the danger of distracted driving is a growing danger on our roads. We have written about it on more than one occasion here in our Lake Charles Legal Blog. “While most recognize the dangers created by taking your eyes off the road,... --- - Published: 2019-05-28 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/auto-safety-improvements/ - Categories: Car Accident, In the News, Personal Injury It is customary in the first days of a new year to look both backward and forward in time. So let's take a quick look at how auto safety has improved in the recent past and what we can expect in the days ahead. The National Highway Traffic Safety Administration divides auto safety into five eras. The first extends from 1950 all the up to 2000. During those years, safety features we take for granted today were introduced one by one: seatbelts, padded dashboards, airbags, anti-lock brakes and much more. The Story So Far The technological advances have paid off. According to statistical analyses, the rate at which Americans are injured or killed in car crashes has been on a steady decline since the 1970s. In the decade that began in 2000, more advanced safety features were added, including electronic stability control, lane departure warning systems, blind-spot detection, and collision warnings. Since 2010, technology has made us even safer, with features such as automatic emergency braking now available on some new vehicles, as well as automatic pedestrian braking, rear traffic alerts, rearview video systems, and lane-centering technology. The Future The NHTSA is bullish on the future of auto tech. It says that in the near future (from now until 2025), we will see self-parking features, adaptive cruise control, lane-keeping assistance, and traffic-jam assist tech. By 2025, we will have available fully automatic vehicles that can drive themselves on the highways and streets of Lake Charles and beyond. The federal agency... --- - Published: 2019-05-22 - Modified: 2024-10-21 - URL: https://johnsonfirmla.com/blog/deadly-truck-accidents-on-the-rise-in-lake-charles/ - Categories: In the News, Personal Injury, Truck Accident, Wrongful Death Photo credit: Google Maps Tractor-trailers are the biggest things rolling down Interstate 10 as it passes through Lake Charles. The big rigs that weigh tens of thousands of pounds more than passenger vehicles are also the most difficult vehicles to maneuver or stop. Recent news reports say that the rate of deadly truck crashes is rising not only in Louisiana, but across the nation as highways carry bigger and bigger loads of traffic. A recent article on truck traffic safety pointed out that the overall number of fatal traffic accidents is down nationally, except for one category: crashes involving large commercial trucks. According to a 2017 study by the federal government’s National Highway Traffic Safety Administration, fatal collisions involving big trucks were up nearly 10 percent from the year before. The figure includes medium- and heavy-duty trucks as well as big rigs, the NHTSA said. To absolutely no one’s surprise, research conducted by the Insurance Institute for Highway Safety found that most fatalities in crashes involving a large truck and a passenger vehicle are among motorists in the smaller and lighter cars, SUVs and pick-ups. The number of fatalities in those crashes hit a historic low in 2009 during the economic downturn, but has risen steadily in the years since. The NHTSA says deadly truck crashes are up nearly 30 percent in the decade since that low. Traffic safety experts say the best ways to keep motorists safe on our highways and streets is for truckers and passenger vehicle drivers to avoid distractions, impairment and excessive speed... --- - Published: 2019-05-16 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/car-accident-lawyers-advise-never-say-words-after-being-crash/ - Categories: Car Accident, Personal Injury Caring for others is human nature. You want people to be healthy and, after an accident, you're concerned if that's the case. Everyone knows how seriously we can get hurt in a car accident. While it's natural to check on everyone's status, you should also proceed with caution when you're asked that question yourself. In the spur of the moment, a quick "I'm okay" might feel accurate when it's not. Out of Sight, Out of Mind Just because you can't see an injury doesn't mean it's not there. The force of two or more vehicles on impact takes a toll on the human body beyond cuts, scrapes and broken bones. Many internal injuries take time to surface, especially given those fast minutes after a car crash. Concussions, whiplash, internal bleeding, blood clots, muscle damage, sprains, and nerve damage are just a few common injuries that can take time to reveal their full severity. In addition, a car accident activates adrenaline in the bloodstream, which can mask an injury until you've settled down. Your Record of Health After a car accident, it is important to make sure that everybody gets the assistance they need, whether that means walking away on their own or by calling an ambulance. You should also visit a doctor yourself, whether you show symptoms or not. Not only will this help identify unseen issues, it creates a record of your health. Any change will be measured with time. Choosing Your Words When you say, "I'm okay," you... --- - Published: 2019-05-04 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/work-accident-due-third-party-negligence/ - Categories: Personal Injury, Work Injury, Workers' Compensation All of the petrochemical plants and manufacturing facilities in the Lake Charles area have workplace safety guidelines. If you work in one of these industries, you know they are heavily regulated. Still, serious workplace accidents do occur, and injured workers and their families often encounter obstacles when trying to get the compensation they need for medical bills, lost income, and other costs. While workers' compensation may be helpful in many cases, accidents that happen as a result of third-party negligence can be significantly more complicated. When is a third-party claim appropriate? Busy industrial workplaces are characterized in part by the comings and goings of many workers, not all of whom are employed by the same employer. There may be transport industry workers, contractors and others who work alongside employees of the plant. Additionally, manufacturers of dangerous work equipment may play a role in an accident if the equipment is defective. When a third-party's negligence -- or the employer's negligence -- results in serious injury, the injured worker's best option for obtaining financial relief may be a negligence lawsuit against the responsible party. This kind of legal action is in addition to any workers' compensation claim the employee may have filed. Third-party liability claims are common after major accidents such as plant explosions and chemical exposures. These kinds of workplace accidents can have devastating consequences, and workers need to be aware of every option for obtaining the maximum available compensation. A careful investigation is crucial A successful third-party negligence claim typically... --- - Published: 2019-04-19 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/drunken-highway-crash-takes-life-of-louisiana-man/ - Categories: Car Accident, Personal Injury, Wrongful Death If you drive about 70 miles east of Lake Charles, you will come to St. Landry Parish. Louisiana State Police say that is where a violent rear-end collision took place recently in which a man was killed and two people were injured. State troopers said they believe that a 52-year-old Church Point man was driving impaired and was responsible for the crash. He was arrested and charged with vehicular homicide and vehicular negligent injuring. He was also cited for refusing to submit to a chemical test to determine if he was impaired in the wreck on U. S. 190 that left a 66-year-old Eunice man dead. Law enforcement officials said the 66-year-old was driving his SUV west on the highway when the Church Point man’s vehicle slammed into its rear end, sending it off the road and into a ditch, where it rolled over. Though the Eunice man was wearing his seatbelt, he sustained fatal injuries in the collision. An adult passenger was in the front seat and three juveniles were in the back seat at the time of the wreck. The adult passenger and one of the juveniles were hospitalized after sustaining injuries described as moderate. The suspected impaired driver was not injured, officials said. Afterwards, the Louisiana State Police said, “time and time again, troopers witness preventable motor vehicle crashes. ” They urge drivers not to consume alcohol before getting behind the wheel and they urge everyone else not to get into a vehicle with a drunk driver. Unfortunately, drunk drivers... --- - Published: 2019-04-03 - Modified: 2024-10-21 - URL: https://johnsonfirmla.com/blog/distracted-driver-crashes-big-rig-on-louisiana-interstate/ - Categories: Car Accident, In the News, Personal Injury, Truck Accident Photo credit: Google Maps As regular readers of our Lake Charles legal blog know, we regularly write about the dangers posed to drivers of passenger vehicles by lumbering, 18-wheel behemoths on Interstate 10. Tractor-trailers are long, tall, heavy, and slow to stop and difficult to maneuver. When drivers give in to the lure of technology and pay attention to their phones instead of traffic and the road, the likelihood of a motor vehicle crash with injuries or fatalities soars. When that distracted driver hits a big rig, loss of life is even more likely. Louisiana State Police report that is exactly what happened in a recent truck crash about 200 miles east of Lake Charles on Interstate 12 near Slidell. That is where a 33-year-old driver of a passenger vehicle reached for his phone and crashed his car into an 18-wheeler, causing both vehicles to leave the highway. The 33-year-old man was ejected from his car and was later pronounced dead at the scene of the collision. The 60-year-old truck driver was treated for minor injuries. According to law enforcement, the driver’s phone had fallen to the floor. When he reached down to retrieve it, his Cadillac swerved and hit the big rig. A news article stated that officials do not believe either man was impaired. It should be noted that April is Distracted Driving Month. The National Safety Council says that on average nine people across the nation are killed each day in distracted driving crashes, and another 100 people suffer injuries in the crashes. Phones are... --- - Published: 2019-03-15 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/advanced-cars-causing-car-accidents-lake-charles/ - Categories: Car Accident, In the News, Personal Injury A recent article in online news magazine Slate makes an interesting connection between the tragic Ethiopian Airlines crash and today’s highly evolved automobiles. In the airline crash that killed everyone on board, it is suspected that navigation software called MCAS might have caused the 737 Max to nosedive after takeoff from Addis Ababa. Owners of newer cars equipped with advanced driving systems say they are sometimes startled, sometimes frightened when the vehicle suddenly takes control of braking or steering – a sensation pilots have experienced repeatedly over the years as planes have become more autonomous. Of course, another 737 Max crashed off of the coast of Indonesia in October, killing 189 people. Boeing says it will update the Max’s software, and hopefully correct any flaws. By and large, however, automation has made flying much safer than it used to be. The U. S. hasn’t had a major airline crash in a decade. But is the example set by the airline industry one for the auto industry to emulate? Automakers and others are feverishly racing to see who can first offer to the public a completely autonomous vehicle, while ignoring that few drivers are trained as pilots are to assume control of a malfunctioning vehicle and avoid a car crash at a moment’s notice. In fact, automation hasn’t made pilots’ jobs easier, says NASA researcher and pilot Steve Casner. “You’d think it would dumb down the role of the pilot. Contrary to expectation, you have to know more than ever. ” But Casner... --- - Published: 2019-02-23 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/louisiana-state-police-speed-a-factor-in-4-vehicle-fatal-crash/ - Categories: Car Accident, Personal Injury, Wrongful Death If you drive east of Lake Charles on Interstate 10 for about 150 miles, you will wind up in Ascension Parish. A recent multi-vehicle highway crash there claimed the life of a 21-year-old St. Amant woman. A spokesperson for the Louisiana State Police said an initial investigation points to excess speed was a crucial factor in the deadly crash. Law enforcement officials said the crash occurred shortly after 2:30 p. m. when a 2004 Lexus GS was driven at high speed by a 17-year-old from Prairieville. The woman was a front-seat passenger in the Lexus. As the southbound Lexus approached an intersection on Airline Highway, it began to “rotate,” a news report stated. The Lexus slammed into the back end of a 2014 Dodge Ram pick-up that had stopped at the intersection. The force of the impact caused the pick-up to hit a 2016 Acura RDX, which then struck a 2016 GMC Sierra. Even though the 21-year-old woman was wearing a seatbelt, she sustained serious injuries in the initial crash and was taken to a Baton Rouge hospital. She later died there as a result of those injuries, the news report stated. According to law enforcement officials, driver impairment is not believed to have been a factor in the crash, though toxicology reports from the Louisiana State Police Crime Lab are still pending. If you or a loved one has been harmed in a motor vehicle wreck caused by a speeding or impaired driver, contact a Lake Charles car accident lawyer today for a... --- - Published: 2019-01-09 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/louisana-driver-in-crash-while-going-to-walt-disney-world/ - Categories: Car Accident, In the News, Personal Injury, Truck Accident, Wrongful Death If you drive about 120 miles northeast of Lake Charles, you will come to the small city of Marksville, the seat of Avoyelles Parish. The area is in shock and grief after a dozen parishioners from the Avoyelles House of Mercy traveling in a church van were in a fiery interstate crash that left seven people dead and eight others injured. The church group was on its way to Walt Disney World when the van crashed on Interstate 75 in Florida; five of those killed were young passengers in the House of Mercy van, officials said. Their ages ranged from 14 to 9, news sources reported. “It’s unbelievable. Everybody is in shock. We lost five of our children,” a member of the close-knit Pentecostal church said. “We had our Last Supper Sunday, and the pastor said to live our lives like each day is the last day. ” Five vehicles were in the wreck that began when an 18-wheeler and a sedan collided in the northbound I-75 lanes. The big rig and sedan went through a guardrail and into the southbound lanes, a Highway Patrol officer said, where they collided with the church van and a second tractor-trailer. Those wrecks set off a fire fed by diesel fuel, news outlets reported. The two truck drivers in the crashes – ages 59 and 49 – were also killed. The wife of the pastor suffered broken ribs and a broken collarbone. She and her husband lost grandchildren in the violent collisions, the Associated Press said.... --- - Published: 2018-12-30 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/safe-travel-new-years-eve-lake-charles/ - Categories: In the News, Personal Injury This past year has been a wild ride, but 2018 is drawing to a close. It will end as all years do: with a big party on New Year’s Eve. While most Lake Charles residents will ring out the old year with family and friends in a responsible way, there unfortunately be those who will refuse to listen to the warnings and the overwhelming evidence of the dangers of drinking and driving. They will ignore it all and get behind the wheel of their vehicle and drive while drunk. Far too often the result of that irresponsible choice is that there will be completely preventable motor vehicle wrecks, injuries and fatalities. However, the Louisiana Highway Safety Commission is taking a step to prevent New Year’s Eve crashes by partnering with Lyft to offer discounted rides home in Lake Charles, as well as other cities around the state. Five-dollar discounts will be available to riders here, as well as in Lafayette, Monroe, Shreveport and New Orleans. All anyone will have to do to get the discount is type the code into Lyft’s app: RIDESMARTLA. The ride-share company has partnered with five states, including ours, and the Governors High way Safety Association to offer the discounted rides and help people get home safely on New Year’s Eve. Not only will riders be safer, but so will those motorists with whom they would have shared the streets. Louisiana Highway Safety Commission Executive Director Lisa Freeman said, "We want people to have a good time... --- - Published: 2018-12-10 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/louisianas-car-accidents/ - Categories: Car Accident, In the News, Personal Injury A fatal motor vehicle crash happens somewhere in Louisiana every 11 hours, 21 minutes and 42 seconds, according to a new traffic study by Louisiana State University. That is almost exactly two people per day being killed in wrecks on our state’s highways, streets and roads. Extent of the issue In 2022 alone, 1,149 people died in collisions on Louisiana roads. East Baton Rouge Parish had the most casualties, with 86 people losing their lives (42 drivers, 23 pedestrians, 13 passengers, and 8 bicyclists). Most of the 1,149 killed were male (823), and 220 of the total fatal crashes involved alcohol. Seatbelt use One of the most disturbing figures from the report shows that many of those who died could have survived if they had simply buckled up. Nearly half of those killed in crashes (drivers and passengers) were not wearing seat belts. Urban vs. rural crashes The data also shows that crashes in urban areas are more likely to result in injuries, while crashes in rural areas are much more likely to result in fatalities. If you or a loved one has been in a car accident, we are here to help. Contact an experienced Lake Charles car accident lawyer today for a consultation. Accidents in Calcasieu Parish The southwestern parish of Calcasieu consistently ranks among the top 10 for most fatal crashes. In 2022, Calcasieu Parish saw 28 fatal crashes that claimed the lives of 19 drivers, 6 pedestrians, 3 passengers, and 2 bicyclists. Although 2022 saw less... --- - Published: 2018-07-12 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/louisiana-family-waits-for-answers-in-work-related-accident/ - Categories: In the News, Personal Injury, Work Injury, Workers' Compensation, Wrongful Death Louisiana has an enviable combination of natural resources (oil and natural gas) and modes of transportation that includes busy ports, waterways and interstate highways. While the combination keeps the state’s economy moving, it also means that Louisiana work-related accidents can mean serious injuries or even fatalities. We read recently of a family that lost a loved one in a tragic workplace accident about 200 miles east of Lake Charles in Belle Chasse. The family’s grief was compounded by their inability to get the remains of their loved one from the refinery where he died, and their frustration in getting a clear explanation of what exactly happened on Independence Day when the accident occurred. "It was tragic. It was like a nightmare," said a co-worker who worked that fateful night shift, doing contract work for Phillips 66. He said he, his safety-conscious friend and one other worker were atop a tower. His friend “was grabbing (a) hose and he slipped and fell into the coolant tower," the co-worker who witnessed the mishap said. The deceased man’s widow said her late husband had only been doing the contract work for a few months, but that he had years of offshore experience. "He was a good man,” she said. “A great provider. ” But as of this past weekend, she had not been told how or why the accident happened. And she had not received her late husband’s remains either. Phillips 66 said multiple attempts at body recovery were unsuccessful, prompting a refinery shutdown so that... --- - Published: 2018-06-20 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/cars-receiving-poor-marks-in-safety-tests-could-cause-lake-charles-car-accidents/ - Categories: Car Accident, In the News, Personal Injury Photo credit: Google Maps When you go to a Lake Charles car dealer, you are likely to have several factors in mind as you search for a vehicle to fit your needs. Many buyers are looking not only for an attractive car, pick-up or SUV, but also one that has good gas mileage, low maintenance and a record of reliability. Many consumers – especially those who have children – are also looking for a vehicle that will help prevent injuries in motor vehicle crashes. A recent news report says that two mid-sized vehicles that safety-conscious purchasers should steer away from are the Ford Explorer and Jeep Grand Cherokee. Both mid-sized SUVs received overall “poor” marks in crash tests conducted by the Insurance Institute for Highway Safety. Eight SUVs underwent tests to determine how well the vehicles would protect occupants when the vehicles’ front corner hit a tree, pole or another vehicle at 40 miles per hour. A spokesperson for the IIHS said, “some vehicles in this group offer very good protection, in other models, the airbags, safety belts and structure showed serious deficiencies. ” He said that in those models, front-seat passengers are at elevated risks of head injuries or injuries to hips or legs in a right-side, front-corner wreck. Six aspects of performance were measured in the crash tests: the likelihood of injuries to the head and neck, chest, hip and thigs, as well as injuries to lower legs and feet. The tests also determined the impact of the crash on the vehicle’s structure and the... --- - Published: 2018-04-30 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/louisiana-man-saves-family-in-truck-accident/ - Categories: Car Accident, Personal Injury, Truck Accident He learned about life and how to conduct himself in a couple of important ways: he was born and raised in Louisiana and he served his country in the military. The 55-year-old truck driver used his training, instincts and quick thinking to save a family of six after they were in a motor vehicle crash on a Texas interstate highway. Fernandez Garner said he was driving his truck on I-45 behind an SUV when a gas tanker cut right in front of his big rig. Within moments, the trucker watched as the SUV then went off the highway, flipped over several times down a hill and slammed into a tree. He stopped his truck and saw a little girl just off of the highway. She had been ejected through the SUV’s rear window and was picking herself up, apparently unharmed. Another driver had stopped and rushed over to pick up the little girl. The trucker then hurried to the smashed SUV. There he saw “two young girls and an older boy started crawling out of” a rear SUV door. They, too, appeared to be OK. Another trucker who had stopped to help called to the Louisiana native to send the kids up to her next to the interstate, a Louisiana TV station reported. He then turned his attention back to the SUV, where the children’s mom was struggling to get out. “The mom’s leg was broken, I calmed her down and told her that her children were OK,” the trucker recalled. Inside the... --- - Published: 2018-02-07 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/crowd-safety-tips-for-mardi-gras-celebrations-in-lake-charles/ - Categories: In the News, Personal Injury As the end of Mardi Gras nears and Shrove Tuesday approaches, the final parades and events are in full swing. Music and event venues swell to beyond capacity and maximum occupancy limitations are often ignored. Caught up in the fun of the festivities, patrons are not concerned with swelling crowds. But overcrowding in bars and other establishments can make safe exits nearly impossible in the event of an emergency. Panicked masses Human stampedes are rare in the U. S. Only three stampedes with fatalities have occurred in the last century. However, in the event of a disaster or emergency, large crowds can quickly turn into a panicked mass. When faced with imminent peril, panicked people can be a danger to themselves and others. Under normal circumstances, pedestrians have a general awareness of their surroundings and the people nearby. We are innately compelled to avoid running into other people. As we walk, we calculate how fast the people around us are walking and which direction they are headed. But as people are crammed closer and closer together, collisions begin to happen and tensions escalate. The situation worsens as movement becomes more restricted and external stressors, such as loud noises, compound the problem. Stay calm If you need to quickly evacuate a crowded area, take a second to get your bearings and collect your thoughts before reacting. This is much easier said than done, but taking a deep breath and trying to approach the situation logically is in your best interest. Search out less... --- - Published: 2018-01-31 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/mardi-gras-drunk-driving-crash-victims-still-recovering/ - Categories: Car Accident, In the News, Personal Injury It has been nearly a year since a drunk driver slammed his pick-up truck into a crowd gathered to watch a Mardi Gras parade. The 26-year-old was recently ordered by a judge to spend about three more years behind bars for the crash that injured more than 30 people. Twenty-three people were hospitalized after the crash. News reports have indicated that a number of injury victims were left with pain, traumatic memories and enormous medical bills. The driver is from a small south Louisiana town about three and a half hours east of Lake Charles. Paradis has a population of less than 1,500. One woman who testified last year recalled her surreal memories of the crash. She remembered looking first to her left and then her right as she propelled through the air by the man's pick-up.  "I was stuck on the grill of (his) truck," she told the court. "Just standing up, until we crashed into the dump truck. " All of her left-side ribs were broken, as were several on her right, as well as her left arm. Her collarbone was dislocated, too. She suffers from PTSD, she said. The two friends she was with were also injured, one of them seriously. The driver was tested after the crash and was found by police officers to have a blood-alcohol content of . 232 percent, or nearly three times the . 08 percent legal limit. Far too often, innocent people are injured by drunk drivers. The victims can pursue justice and full compensation for... --- - Published: 2018-01-11 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/cellphone-use-car-accident-risks-lake-charles/ - Categories: Car Accident, Personal Injury It's a common sight as you drive around Lake Charles: people talking on their cellphones while they're behind the wheel of their moving vehicle. Young, old and in-between do it, often unaware of the risks involved. The American Automobile Association just released a new study that makes the risks clear: people who talk or text or access the internet on their phones while driving are 2 to 8 times more likely to be in a crash as drivers who aren't distracted by electronic devices. If you're thinking that you're relatively safe because you only talk on your phone -- you don't text or surf -- here's more bad news from AAA: simply talking on your phone makes you up to 4 times more likely to be in a motor vehicle crash. It does not matter if you're on a hands-free device or if you're holding your phone in your hand; the risk is equal in both cases, the study says. AAA says that Americans have mixed feelings on the subject of cellphone use while driving. Two-thirds of drivers surveyed disapprove of talking, texting and surfing behind the wheel, yet nearly a third of them admit that they do it regularly or fairly often. About 4 out of 5 surveyed drivers say texting is a serious threat to safety and more than 90 percent say it's unacceptable that people type on their phones while driving. According to the survey, about two-thirds of drivers say hands-free devices are better than handheld phone use, though... --- - Published: 2017-11-29 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/car-insurance-wont-cover-my-injury-costs-what-can-i-do/ - Categories: Car Accident, Personal Injury Car accidents are expensive, and injured people often wonder if car insurance will cover their personal injury claim. The reality is that the required minimum for liability insurance coverage in Louisiana is not likely to cover the full cost of a serious injury. People need to know their full range of options for obtaining compensation for medical expenses. Louisiana law requires at least 15/30/25 liability insurance coverage for each vehicle a person owns. The required insurance coverage breaks down like this: Payment of up to $15,000 for bodily injury to one person Payment of up $30,000 for bodily injury to more than one person in a single vehicle Payment of up to $25,000 for property damage Of course, vehicle owners can purchase more than the minimum coverage, but that is not what most people do. Considering that the potential cost of a single hospital visit can easily exceed more than $15,000, you would not be the first accident victim to be worried about medical expenses. In many crashes, the at-fault driver's insurance policy comes nowhere close to covering the medical costs resulting from the collision, not to mention the property damage. Does your car insurance cover personal injury claims? That depends. Do you have uninsured/underinsured motorist coverage? This kind of insurance coverage is designed to cover costs that another driver's coverage doesn't. However, some people are not even aware that uninsured or underinsured coverage has been added to their policy. Often an experienced personal injury attorney is needed to review the... --- - Published: 2017-11-20 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/crowded-roads-in-lake-charles-for-holiday-season/ - Categories: Car Accident, In the News, Personal Injury Lake Charles sits between two of America's great cities: Houston, Texas, and Louisiana's own New Orleans. So it is not surprising to see holiday travelers on Interstate 10 headed from one to the other, and to see thousands more coming here to spend Thanksgiving with friends and family. It is reasonable to assume that I-10 is going to busier this holiday season than it has for some time. AAA expects that because of a strong economy and upbeat consumers, Americans are going to hit the roads in greater numbers than they have in a dozen years. The good news is tempered by the fact that increased holiday traffic means motor vehicle accidents, injuries and fatalities are likely to rise as well. AAA says the data indicates that more than 50 million people will travel at least 50 miles in the 5-day period that begins Wednesday morning and ends Sunday night. The vast majority (89 percent) will be driving, while about 8 percent will fly. The auto club expects that travel by car will rise by 3. 2 percent or so over Thanksgiving 2016 (even though gasoline prices are also up), and that air travel will go up 5 percent. Warm weather spots are high on the list of go-to travel destinations this year, with two homes of Disney theme parks atop the list: Orlando, Florida and Anaheim, California.   Eager for a little cold weather? New York and San Francisco are high on that chilly list of popular travel spots. No matter where you... --- - Published: 2017-10-20 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/why-to-avoid-diy-after-car-accident/ - Categories: Car Accident, Personal Injury In a car accident, when you suffer an injury due to no fault of your own, it's easy to assume that your medical care and other needs will be taken care of. Why? Because you have insurance, and that is what insurance is for. Right? A big mistake that people make, though, is thinking that the insurance company always has their best interests at heart. The reality is that insurers are deeply interested in minimizing and even denying compensation to injury victims, and insurance companies have significant resources, including trained adjusters and competent lawyers, that work to pay you as little as possible for a car accident injury. Don't try the DIY car accident repair approach in insurance matters. You have enough on your plate already with your injury and all of its ramifications. You may be dealing not only with physical pain and the difficulties of even getting around; you may have mounting medical expenses and lost income due to your inability to work. Your family may be feeling the effects of your injury also. You shouldn't have to deal with all of these things and also have to try to worry about whether the insurance company has offered you a sufficient settlement -- one that fully covers all costs of the crash. The reality is that insurance companies routinely offer inadequate, low-ball settlements that do not take into account all current medical expenses, much less how the wreck will affect your future. An experienced lawyer will be sure... --- - Published: 2017-10-17 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/confusion-reigns-as-driverless-cars-approach/ - Categories: Car Accident, In the News, Personal Injury Earlier this year, Transportation Secretary Elaine Chao said that self-driving cars have arrived. "They can drive on the highway," she said, "Follow the white lines on the highway, and there's really no need for any person to be seated and controlling any of the instruments. " Chao was wrong. Driverless cars are not ready yet to begin rolling around Lake Charles and thousands of other American cities. Chao's confusion is understandable, according to a recent article in Wired. Though the auto industry is working furiously to develop autonomous vehicles, it has done a poor job of making it clear exactly what driverless cars will and won't be able to do. One thing virtually everyone in the auto industry is clear about, however, is the claim that driverless technology will help to ease congestion and reduce the risks of auto accidents, injuries and fatalities.   Even though Chao heads the federal government's Transportation Department, she is apparently just like ordinary Americans who are struggling to understand a bewildering maze of terms about the emerging technologies. “Consumers every day are seeing this conflation of automated vehicles, self-driving vehicles, and autonomous vehicles,” said a policy analyst with Eno Center, a transportation think tank. Because various configurations of driverless vehicles are headed to our streets and highways one day soon, the confusion over what exactly the technologies will deliver might ultimately be dangerous for motorists, Wired states. Some systems might work only on certain types of roads. Others will keep vehicles in their lanes, but will... --- - Published: 2017-07-27 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/louisiana-dwi-suspect-kills-bicyclist-flees-scene/ - Categories: Car Accident, Personal Injury, Wrongful Death If you drive east of Lake Charles on Interstate 10 for about an hour, you will come to Rayne, Louisiana. The modestly sized town has been in the news recently because a 42-year-old resident has been charged with vehicular homicide after he allegedly hit and killed a bicyclist with his car and then fled the scene. The Acadia Parish sheriff said the man has been arrested five times in the past for driving while intoxicated. Police took a blood sample from him after he was found following the crash east of Rayne. Possible drunk driving charges are pending until lab results from the test are in. The Sunday night crash took the life of a 61-year-old Rayne man. Sheriff K. P. Gibson said the wreck was at about 9 p. m. and that the vehicle involved was driven from the scene. It was soon found not far away, and the suspect was then identified and apprehended. Acadia Parish deputies obtained a search warrant and had a blood sample drawn from the uncooperative suspect. Officials said his driver's license was suspended at the time of the accident due to a previous DWI conviction. He now faces charges of vehicular homicide, operating a vehicle under suspension and hit and run. For the family of a victim, the criminal justice system often offers too little justice. In some situations, families seek financial punishment for the responsible party as well. A Lake Charles wrongful death attorney can help you pursue a higher form of justice. --- - Published: 2017-07-20 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/louisiana-truck-driver-with-suspended-license-causes-truck-accident/ - Categories: In the News, Personal Injury, Truck Accident, Wrongful Death His driver's license was suspended in Louisiana and his right to drive in Virginia had been revoked. Nevertheless, a 55-year-old truck driver was on the road, although law enforcement officials say he was in no shape to be behind the wheel of a 1998 Freightliner tractor-trailer, hauling a load of lumber in Maine. In March of last year, the trucker allegedly drove after consuming alcohol and drugs, rolled his big rig and triggered a four-vehicle chain-reaction wreck that killed two people. The Tennessee truck driver recently asked a court to suppress comments he made to police officers following the 18-wheeler accident. The trucker has been indicted for manslaughter and aggravated operating under the influence, among other charges. He claims that the statements he made to officers after the crashes in Washington, Maine, were given without being informed of his Miranda rights. He also claims that statements he made while in a hospital were involuntary. State prosecutors have reportedly offered him a plea deal in which he would serve 20 years in prison. He has rejected the offer. According to witnesses, the truck was over the posted 55 mph speed limit when it crossed the center line into oncoming traffic, rounded a curve and began to roll. It struck first a pick-up truck driven by a 74-year-old man. He was the first of the trucker's two fatality victims, prosecutors allege. A 45-year-old woman was also killed when her vehicle was knocked off of the highway and then burst into flames. We do... --- - Published: 2017-06-19 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/louisiana-legislature-rejects-big-rig-safety-proposal/ - Categories: In the News, Personal Injury, Truck Accident As everyone who has ever driven on I-10 knows, the biggest and most dangerous vehicles on the road are 18-wheelers. Some regular readers of our Lake Charles legal blog will undoubtedly recall a recent effort by a Louisiana legislator to slow tractor-trailers and other plus-sized vehicles down. The Times-Picayune reports that the bill to lower the speed limit by 10 mph on all interstate highways for big rigs, school buses, truck-tractors and other large vehicles did not make it to the governor's desk in the recently concluded legislative session. Rep. Steve Carter said the goal of his proposal had been to reduce the risk of truck accidents and the injuries and deaths in those crashes. The bill was submitted to the House in April, the newspaper reports, and then underwent changes in May. While speaking to the House Transportation, Highways and Public Works Committee, Carter offered an amendment that would have called for the lowered speeds only on elevated interstate highways of at least five miles in length. According to a news report, Carter was not clear on how many miles of Louisiana road might be affected by his proposal. Speculation at the meeting was that large vehicles on the Bonnet Carre Spillway, the Atchafalaya River Basin and the elevated portion of I-55 would be affected. We do not know if Carter's proposal will be revived in the next legislative session, but we do know that wrecks involving 18-wheelers are often the most destructive on our roads. The Federal Motor Carrier Safety Administration says on... --- - Published: 2017-06-12 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/lake-charles-woman-killed-in-pedestrian-car-accident/ - Categories: Car Accident, In the News, Pedestrian Accident, Personal Injury, Wrongful Death No matter how vigilant and careful Lake Charles pedestrians are, each is still subject to risks at the hands of motorists who may fail to pay attention. This is true both at home in Louisiana and when visiting other states. Distractions including phone use, eating, talking and even fatigue can cloud a driver's ability to be observant of pedestrians who may be crossing the street. Other factors like poor visibility can also reduce a motorist's awareness of pedestrians. In a recent tragedy with local ties, a Lake Charles woman was struck and killed in an auto-pedestrian accident as she was crossing a street in the early morning hours while visiting Florida. The driver who hit her remained on the scene and cooperated with the investigation. The thoroughfare along which the woman was killed is a popular area dotted with restaurants and various entertainment venues. Authorities urged both motorists and pedestrians to be extra cautious when traveling through the area since both vehicle and pedestrian traffic is especially high around the businesses. The woman was one of three people who were hit and killed in the same area within the last month. As a result of the accident, traffic was heavily delayed while investigators worked to figure out exactly what happened. The fatal pedestrian accident is a reminder that drivers must always be on the lookout for pedestrians, especially in areas with heavy foot traffic. It is also a reminder that people on foot should not trust that drivers will see them, especially... --- - Published: 2017-05-19 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/louisiana-man-dies-after-being-hit-by-drunk-driver/ - Categories: Car Accident, In the News, Personal Injury, Wrongful Death Louisiana residents who are injured in accidents caused by the negligence of others understandably may want to seek compensation and help. The same may be true for the family members of people who are killed in incidents like vehicle accidents. These accidents may take many forms and involve vehicles, pedestrians, bicyclists or motorcyclists. A man who was only 34 years old was actually killed recently after he was run over by a driver in a full-sized pickup truck. The accident took place along a stretch of U. S. 190 near Fountainbleau State Park in the wee hours of a Saturday morning. The driver of the pickup was tested for alcohol in his system. A breath test revealed that his blood alcohol level was 0. 085 percent. In Louisiana, a person is considered legally intoxicated with a BAC of 0. 08 percent or higher. It is also at this threshold that a person may be able to be arrested for and charged with driving while under the influence of alcohol. The driver has actually been charged with drunk driving as well as negligent homicide for the death of the man. It is not known if the man was survived by a spouse or children. After a death in an accident, seeking a conversation with an experienced personal injury attorney may be a good way for surviving family members to learn about the options available to them to be compensated for their unnecessary loss.   Our Lake Charles car accident attorneys are here... --- - Published: 2017-05-10 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/nursing-home-problems-lake-charles/ - Categories: Medical Malpractice, Nursing Home Abuse, Personal Injury Making the move to a Louisiana nursing home may have been a difficult transition for your loved one, and for you, as well. As time goes by, you hope to see that he or she has settled in and is feeling comfortable and well cared for, but even if you visit frequently, you may not be satisfied that this is so. HelpGuide. org provides some warning signs that may speak louder than words when a nursing home resident is the victim of neglect or abuse. Physical abuse Although accidents happen, and elderly people are often more susceptible to injury due to their frailty or poor health, a resident who is suffering from abuse may develop bedsores or have other wounds or bruises. Signs of restraint around the wrists or ankles or symmetrical bruising are also serious indicators. If the abuse is sexual in nature, the bruises may be located around genitals or breasts, and there may be unexplained bleeding. Psychological abuse Bullying, intimidation, threats, humiliation and isolation are all forms of psychological abuse, and as a result, your loved one may become withdrawn, suffer mood swings or depression, or even seem to undergo personality changes. Dementia behaviors such as mumbling and rocking could actually be caused by the abuse too. In assessing the situation, watch for indications that the facility is understaffed, or that caregivers are not trained adequately or suffer from considerable workplace stress. These are significant risk factors that someone may become an abuser. This information is provided... --- - Published: 2017-05-01 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/medical-errors-third-leading-cause-of-death-in-u-s/ - Categories: Medical Malpractice, Personal Injury When you visit the hospital or a clinic to see your physician, you place the utmost trust in his or her ability to diagnose and treat any condition you are dealing with, whether it is a routine appointment or a tragic accident. Even the most knowledgeable, trustworthy doctor can make a mistake when the situation is chaotic. This is highlighted by the fact that medical errors are now the third leading cause of death in the United States, right behind heart disease and cancer. Can all medical errors be prevented? While that may seem like an unrealistic goal, the fact that close to 500,000 people die each year from a preventable hospital error shows that you should be aware of the risks you face when seeking treatment. Common medical errors Medication errors hurt close to 1. 5 million people each year and are often caused by poor communication between patients, doctors and staff. Even something as simple as unintelligible handwriting can lead to disaster. One of the most common procedures performed in a hospital is a blood transfusion, but research suggests that overdoing it on transfusions may increase the risk of disease or even death. Always ask why the transfusion is necessary before it starts. Even premature babies are at risk for medication errors, particularly when it comes to oxygen. As doctors and nurses work to find the sweet spot on the amount of oxygen, they must be aware that too much oxygen can cause blindness in babies. What should you do after dealing... --- - Published: 2017-04-21 - Modified: 2024-10-14 - URL: https://johnsonfirmla.com/blog/private-hospitals-medical-malpractice/ - Categories: Medical Malpractice, Personal Injury In 1999, the Institute of Medicine revealed that medical errors are the leading cause of death and injuries in U. S. hospitals. The group estimated that up to 98,000 people die annually because of dangerous and deadly mistakes. Reports released since then show the number to be growing with serious problems coming from private accreditor-operated facilities that make up nine out of ten hospitals. In what is considered a groundbreaking proposal from The Centers for Medicare and Medicaid Services, federal healthcare officials want private hospitals and other medical facilities to publicly disclose problems uncovered during inspections and the steps they are taking to fix them. In 2014, officials inspected 103 acute-care hospitals reviewed by an accreditor in the previous 60 days. They found 41 serious deficiencies where the accrediting organizations only found two. The shocking disparity raised concerns regarding their ability to identify and cite health and safety deficiencies during inspections. Subsequent government inspection reports provided detailed descriptions of shortcomings that took the form of medication errors, operations on the wrong patient or the wrong body part, and patient abuse. Recent findings are tragically nothing new. For several years, accusations of accreditors putting the interests of paying facilities ahead of patient safety have continued. According to a 2002 Chicago Tribune investigation, medical centers identified to have life-threatening problems that included patient deaths from errors still received The Joint Commission’s seal of approval. The Joint Commission, Healthcare Facilities Accreditation Program and American Hospital Association provided qualified support at best, but expressed concerns over... --- --- ## FAQs - Published: 2025-04-28 - Modified: 2025-06-23 - URL: https://johnsonfirmla.com/faqs/criminal-defense/can-domestic-violence-charges-be-dropped/ - FAQ Category: Family Violence In Louisiana, domestic violence charges are taken very seriously. These charges typically arise from allegations of physical harm or threats against family members, partners, or cohabitants.   Dealing with a domestic violence charge can be a stressful and overwhelming experience. If you find yourself facing such a charge and are seeking ways to have it dropped, it's crucial to understand the process and your legal options. At The Johnson Firm, our Lake Charles domestic violence defense lawyers are here to guide you through this challenging time with empathy and expertise. Steps to potentially get a domestic violence charge dropped 1. Hire a skilled attorney The first step in addressing a domestic violence charge is to consult with a knowledgeable criminal defense attorney who understands Louisiana's domestic violence laws. The Johnson Firm specializes in such cases and can provide the strategic advice and representation you need. 2. Review the evidence Your attorney will review the evidence against you to determine its strength and legality. This includes examining police reports, witness statements, and any physical evidence. If the evidence is weak or improperly obtained, your lawyer might argue for the charges to be dropped. 3. Consider the credibility of the accuser The credibility of the person who accused you of domestic violence can also be a critical factor. If there are inconsistencies in their story or if they have a motive to lie, your attorney can use this information in your defense. 4. Engage in negotiations Sometimes, the best course of action... --- - Published: 2025-04-10 - Modified: 2025-06-23 - URL: https://johnsonfirmla.com/faqs/criminal-defense/can-a-person-be-charged-with-a-crime-without-evidence/ - FAQ Category: Criminal Defense No, a person cannot be charged with a crime without evidence. There must be sufficient evidence to establish probable cause that the person committed the crime. This requirement ensures fairness in the legal process and prevents baseless accusations. At The Johnson Firm, our Lake Charles criminal defense attorneys are committed to providing clarity and support, understanding the importance of evidence in upholding justice. What counts as evidence? Evidence can come in many forms, including but not limited to: Physical evidence: Something tangible related to the crime, like a weapon or stolen items. Witness testimony: Statements from people who saw the crime happen or have relevant information. Video or photographic evidence: Recordings that capture the crime or events related to it. Forensic evidence: Scientific data like DNA, fingerprints, or blood analysis. Even circumstantial evidence, which suggests a crime has been committed without directly proving it, can be used to charge someone. However, the evidence must logically lead to the conclusion that the suspect likely committed the crime. Legal standards for charging someone with a crime in Louisiana In Louisiana, as in all states, the standard for charging someone with a crime is that there must be "probable cause. " This means that the evidence must be strong enough to convince a reasonable person that the suspect committed the crime. Louisiana’s Code of Criminal Procedure discusses how an arrest warrant is issued based on adequate evidence presented to a judge that supports the likelihood of an offense being committed by the suspect.... --- - Published: 2025-03-24 - Modified: 2025-06-23 - URL: https://johnsonfirmla.com/faqs/family-law/can-you-change-a-prenuptial-agreement-after-marriage/ - FAQ Category: Family Law For many couples, a prenuptial agreement is a practical measure taken to protect their assets and financial interests before entering into marriage. But what happens if circumstances change and you want to modify your agreement after tying the knot? At The Johnson Firm, our Lake Charles divorce attorneys often encounter clients seeking to adjust their prenuptial agreements post-marriage, and it's important to understand the legal framework governing such changes in Louisiana. Modifying a prenuptial agreement post-marriage In Louisiana, couples have the option to modify their prenuptial agreements after they are married. However, it's not as straightforward as simply agreeing to changes between spouses.   According to Louisiana Civil Code Article 2329, any modification to a prenuptial agreement post-marriage must be made through a joint petition submitted to the court. This is a crucial step because the court must review the proposed modifications and determine that they serve the best interests of both parties involved. The process Joint petition – Both spouses must come together to file a joint petition. This petition should clearly outline the changes they wish to make to the existing prenuptial agreement. Court review – Upon receiving the joint petition, the court will review the proposed modifications. The key factor the court considers is whether these changes serve the best interests of both parties. This may involve examining the reasons for the modifications and ensuring that no party is unduly disadvantaged. Legal representation – Given the complexities involved, seeking legal representation from a firm experienced in marital... --- - Published: 2025-01-03 - Modified: 2025-04-03 - URL: https://johnsonfirmla.com/faqs/personal-injury/what-to-do-if-you-cant-afford-a-lawyer/nt-afford-a-lawyer/ - FAQ Category: General/Payment, Personal Injury Dealing with the aftermath of a personal injury can be overwhelming, particularly when you're worried about how you'll afford legal help. You're not alone if you've ever wondered, "What do I do if I can't afford a lawyer? " At The Johnson Firm, we believe access to justice shouldn't depend on your financial status. That's why we handle personal injury cases on a contingency fee basis, ensuring everyone can benefit from high-quality legal representation without the stress of upfront costs. Whether you're struggling with medical bills or lost wages, our Lake Charles personal injury lawyers are committed to providing exceptional legal support to all and ensuring no one is denied their right to fair compensation because of their income. Understanding contingency fees A contingency fee is a payment structure where the client pays no upfront costs for legal representation. Instead, the law firm’s fees are contingent upon winning the case or securing a settlement for the client. At The Johnson Firm, our contingency fee structure means that we only get paid if you get paid. This aligns our interests with yours and ensures our commitment to securing the best possible outcome for your case. Benefits of the contingency fee model No upfront costs – One of the primary advantages of a contingency fee arrangement is that clients do not need to pay any upfront fees. This is particularly beneficial for those who might otherwise be unable to afford high-quality legal representation. Risk-free representation – Since fees are contingent upon a... --- - Published: 2024-12-17 - Modified: 2025-04-03 - URL: https://johnsonfirmla.com/faqs/criminal-defense/what-percent-of-assaults-are-due-to-alcohol/ - FAQ Category: Assault & Battery, Criminal Defense Alcohol is frequently a contributing factor in many assault cases, including both sexual and physical assaults. Its role in diminishing inhibitions and impairing judgment is well-documented, often escalating conflicts that lead to violence or exacerbating aggressive behaviors. At The Johnson Firm, we regularly address questions from clients about how alcohol affects the likelihood and severity of assaults. This discussion seeks to shed light on the relationship between alcohol consumption and assault, providing insights within the context of Louisiana law. Keep reading for more from our Lake Charles assault & battery attorney, then call (337) 427-8961 to get started on a strong defense. Alcohol's role in sexual and physical assaults Research indicates that alcohol is involved in a significant proportion of both sexual and physical assault cases. Various studies, including those supported by agencies like the World Health Organization, suggest that alcohol is involved in approximately 50 to 70 percent of these incidents. This high percentage underscores the potent effect alcohol can have on increasing both the frequency and severity of assaultive behaviors. Alcohol and violent crimes: A concerning link Each year, 97,000 sexual assaults among American college students involve alcohol. An estimated 37% of sexual assaults and rapes are committed by offenders who were under the influence of alcohol. About 27% of aggravated assaults are committed by individuals who have used alcohol. Alcohol-related assaults under Louisiana law In Louisiana, assault charges, including those for sexual and physical assault, are taken very seriously, especially when alcohol is involved. Louisiana Revised Statutes... --- - Published: 2024-12-17 - Modified: 2025-04-03 - URL: https://johnsonfirmla.com/faqs/criminal-defense/what-is-the-difference-between-criminal-defense/ - FAQ Category: Assault & Battery, Criminal Defense Understanding the difference between assault and battery is important, especially if you're facing charges or sorting out issues after getting hurt. People often mix these two terms, but they mean different things legally and have different consequences. At The Johnson Firm, we're here to clarify these legal concepts for our clients. We help you understand your rights and what these charges or claims could mean for your situation. In this discussion, our Lake Charles assault and battery attorneys break down the main differences between assault and battery as the law sees them in Louisiana, explaining why it's crucial to know these distinctions if you're involved in any legal issues related to these offenses. Quick glance: The difference between assault and battery Assault and battery often happen at the same time, but they're actually two different crimes. Essentially, battery is when someone physically attacks another person, which might hurt them. Assault, on the other hand, is when someone threatens to attack, making another person afraid they will be hit or hurt soon. While both actions are serious, the main difference is that battery involves actual physical contact, whereas assault just involves the threat of contact. Defining assault and battery Assault and battery are separate offenses in Louisiana, each with distinct elements and legal consequences. Assault in Louisiana Assault, as defined by Louisiana law, is an attempt to cause physical harm to another person. More formally, it involves any act where one person engages in conduct that would lead to a reasonable... --- - Published: 2024-08-08 - Modified: 2025-03-20 - URL: https://johnsonfirmla.com/faqs/family-law/past-drug-use/ - FAQ Category: Family Law Facing the question, “Does past drug use affect child custody? ” in Lake Charles, Louisiana, can be complicated unless you consult with an experienced lawyer. You can discuss your legal options by partnering with a Lake Charles child custody attorney. The Johnson Firm has attorneys on staff who can help you with your child custody case. To learn more, reach out to us. In the meantime, check out our answers below to some of the most common questions we get about recreational drug use and child custody. How can drug use affect child custody? According to research, parental substance misuse may indicate a family is dealing with various issues, such as poor physical or mental health, family or domestic violence, or poverty. Use of drugs or alcohol may prompt an investigation by the Louisiana Department of Children & Family Services (DCFS). Additionally, DCFS may perform a parental screening or in-home assessment to determine if a child is subject to neglect or abuse. Also, kids may be placed in foster care due to parental drug or alcohol use that leads to neglect or abuse. Can protective services take my child away due to drug use? Yes. If a child welfare worker believes a parent is abusing drugs and poses a significant risk to their child, they may remove them from their care. Can one parent accuse the other of drug use in a child custody case? Yes. Unfortunately, in a custody case, one parent may accuse the other of drug use... --- - Published: 2024-08-08 - Modified: 2025-03-20 - URL: https://johnsonfirmla.com/faqs/personal-injury/how-do-i-know-if-i-have-a-case/ - FAQ Category: Personal Injury Determining whether you have a valid legal case following an incident or injury can sometimes be complex. At The Johnson Firm in Lake Charles, the initial focus is on understanding the specifics of your situation to provide an accurate assessment. Here's a step-by-step guide tailored to help you determine whether you have a case, particularly under Louisiana law. Wondering whether you have a case? Call our Lake Charles personal injury lawyers at (337) 433-1414. How to know if you have a personal injury case Step 1: Establishing negligence The cornerstone of most personal injury cases, including car accidents, slip-and-falls, and medical malpractice, is negligence. To determine if you have a case, The Johnson Firm will first look to establish the following elements: Duty of care: The defendant was legally obliged to act with a certain level of care towards you. For instance, drivers must operate their vehicles safely. Breach of duty: The defendant failed to meet this duty through action or inaction. For example, if drivers were texting while driving, they were not operating the vehicle safely. Causation: There must be a direct link between the breach of duty and your injury. This means showing that the injury would not have occurred if not for the defendant’s negligence (the “but-for” test) Damages: You must have suffered actual damages, such as physical injury, financial losses, or emotional distress, as a result of the incident. These elements are essential for establishing a baseline for whether you have a case under Louisiana law... --- - Published: 2024-08-08 - Modified: 2025-03-20 - URL: https://johnsonfirmla.com/faqs/personal-injury/how-long-do-you-have-to-accept-a-settlement-offer/ - FAQ Category: Personal Injury No specific deadline is required for individuals to meet when they receive a settlement offer on a personal injury claim. It is not always wise to respond immediately or refute a claim immediately. However, some settlement offers may include a date at which the offer expires, so you must consider this, among other factors, when reviewing a personal injury settlement. To minimize the risk of delays and complications, it is best to speak to Lake Charles personal injury attorneys before you apply for a settlement. If you have already applied, contact us when you receive a settlement offer. Allow an attorney to review the offer, gain insight into potential gaps, and provide you with insight into how to respond. How long do I have to accept a settlement offer after an accident? Examine the settlement offer from the insurance company or at-fault party to locate an expiration date. Generally, this date means the insurance company may not guarantee it will pay the offered amount if you do not respond. It’s important to remember this does not mean they will not pay you any compensation. When considering how long it takes to accept a settlement offer, read through the details carefully to look for any limitations that could impact your ability to file additional claims. You also need to consider: The amount of compensation the insurance company pays The timeline for when the insurance company will pay that compensation Restrictions on what you can say or do after receiving the claim... --- - Published: 2024-08-08 - Modified: 2025-03-20 - URL: https://johnsonfirmla.com/faqs/personal-injury/how-much-is-my-case-worth/ - FAQ Category: Personal Injury Determining the worth of your personal injury case is crucial to any legal process following an accident or injury. At The Johnson Firm, a key focus is to ensure you receive a comprehensive evaluation of your claim to determine an accurate value based on various factors. If you think you have a case, call our Lake Charles personal injury lawyers at (337) 433-1414. Key factors influencing the value of your case Several elements are considered when estimating your personal injury case's worth. These include the following. Extent of your injuries The severity of your injuries significantly impacts the value of your claim. Serious injuries that require long-term medical treatment or lead to permanent disability are likely to result in higher compensation than minor injuries. Medical records, treatment plans, and expert testimony are crucial in substantiating these claims. Economic damages Economic damages refer to the quantifiable costs directly associated with your injury: Medical expenses – From initial emergency care to ongoing rehabilitation costs. Lost wages – Compensation for the time you were unable to work and future lost earnings if your ability to work is compromised. Property damage – If personal property was damaged due to the incident. Documentation such as bills, receipts, and employment records are used to calculate these losses accurately. Non-economic damages These damages are less tangible and cover: Pain and suffering Loss of enjoyment of life Emotional distress Calculating non-economic damages often involves complex legal formulas and subjective evaluations. Impact on lifestyle If your injuries affect your... --- - Published: 2024-06-30 - Modified: 2025-04-03 - URL: https://johnsonfirmla.com/faqs/criminal-defense/penalty-for-forgery/ - FAQ Category: Criminal Defense, General Criminal Law What’s the penalty for forgery in Louisiana? The penalty for forgery in Louisiana can be incredibly harsh, including thousands of dollars in fines and being imprisoned for years. If you’ve been charged with forgery, you’ll need the help of a skilled Lake Charles criminal law attorney because this is a complicated area of law with high stakes. The Johnson Firm has the resources, experience, and knowledge you’ll need to have the best possible chance of avoiding a conviction and the severe penalties that accompany a conviction. Call us at (337) 433-1414 or contact us online to schedule a consultation.   Was this article helpful? YesNo Louisiana’s definition of forgery Revised Statute §14:72 outlines Louisiana’s broad definition of forgery. This statute makes it unlawful to do the following.   1. Alter or create a signature on any piece of writing, or alter the writing, that has legal power Putting a forged signature on any document that has any kind of legal significance, or altering any part of the document itself, is illegal and is considered a felony offense. One example is forging a principal’s signature on a fake high school diploma in order to get into a university. If you put a fake signature on something with no legal significance, such as a birthday card, that’s not a crime. 2. Issue, possess, or publish a piece of forged writing in order to impersonate someone or to claim a copy of an “original” document that never existed Not only is the act... --- - Published: 2024-06-30 - Modified: 2025-04-04 - URL: https://johnsonfirmla.com/faqs/family-law/can-you-enforce-an-out-of-state-divorce-in-louisiana/ - FAQ Category: Divorce, Family Law Can you enforce an out-of-state divorce in Louisiana? State laws oversee how divorces proceed and inform spousal support and child custody agreements. If another state issued your divorce decree, but you plan to move to and live in Louisiana, it’s important to know whether Louisiana will enforce an out-of-state divorce. Trust The Johnson Firm to answer your out-of-state divorce questions. The Lake Charles divorce attorneys from our team will guide you through your divorce-related issues as you transition to your new residence. Does Louisiana honor divorce agreements from other states? States, including Louisiana, typically recognize and uphold marriages, prenuptial agreements, and divorces finalized in other states, including child custody and support and spousal support agreements. The United States Constitution's Full Faith and Credit Clause protects these orders from state to state. Divorced couples do not become “un-divorced” upon a move and can expect their divorce ruling to be enforced in another state. However, the move may prompt the need to modify existing custody and support orders. For new Louisianans, it is best to partner with a skilled Lake Charles divorce lawyer when pursuing these modifications. How does Louisiana manage child custody agreements made out of state? Most states, including Louisiana, have passed the Uniform Child Custody Jurisdiction And Enforcement Act (UCCJEA). The Act gives the state where the child lives jurisdiction over some issues related to child custody. This way, divorced parents do not have to travel back to the state originally issuing the divorce to modify the part of... --- - Published: 2024-06-30 - Modified: 2025-04-03 - URL: https://johnsonfirmla.com/faqs/criminal-defense/how-to-get-bench-warrant-recalled/ - FAQ Category: Criminal Defense, General Criminal Law How do I get a bench warrant recalled in Louisiana? It’s possible for a judge to recall your bench warrant, but only if you handle the issue promptly and appropriately. That means speaking with an attorney as soon as possible. In some cases, an attorney must be present in order for the judge to rule in your favor, so don’t delay. A Lake Charles criminal defense attorney from The Johnson Firm can help. Call us at (337) 433-1414 to schedule your *. Was this article helpful? YesNo Bench Warrant v. Arrest Warrant There are two main types of warrants in Louisiana: bench warrants and arrest warrants. Both are very serious and can have severe consequences if you don’t react promptly. A bench warrant is issued by a judge and allows law enforcement to arrest you and bring you to court. The most common reason a bench warrant is issued is for failure to appear at a hearing if your attendance was required. A bench warrant requires that you attend a court hearing and may result in fines, jail time, or other penalties. A bench warrant will not go away until it’s been “answered” in court or recalled by the judge. On the other hand, if there is a warrant for someone’s arrest, police have already investigated, established probable cause, and presented their evidence to a judge, who will then sign or issue the warrant. At this point, you could be arrested at any time and booked into jail. What to... --- - Published: 2024-06-30 - Modified: 2025-04-03 - URL: https://johnsonfirmla.com/faqs/criminal-defense/what-happens-plea-deal-louisiana/ - FAQ Category: Criminal Defense, General Criminal Law What happens when you take a plea deal in Louisiana? Even though the Sixth Amendment to the U. S. Constitution guarantees criminal defendants the right to a trial, a trial might not always be the best course of action for you. Sometimes, taking a plea deal might give you a shorter sentence than if you went through a trial. If you are arrested in Louisiana and offered a plea deal, reach out to an attorney before agreeing to anything. It’s important to understand what happens when you accept a plea deal so that you can decide whether that is the most effective solution for your case. Here are three important factors you should consider. Was this article helpful? YesNo You Waive Certain Rights When you plead guilty or no contest in exchange for a lesser penalty, you’re also agreeing to waive certain rights. These are the following rights you will be forfeiting. First, you’ll waive the right to counsel if you are unrepresented. If you already have counsel, you’ll be allowed to retain them. You’ll also waive the right to a jury trial. In place of a jury trial, you’ll plead either guilty or no contest and accept the terms of the plea deal. The right to not incriminate yourself is also given up when you accept a plea deal. So is the right to confront and cross-examine your accusers. You’ll Be Sentenced Without a Trial and Without a Chance to Change Your Mind The final terms of your sentence... --- - Published: 2024-06-30 - Modified: 2025-04-03 - URL: https://johnsonfirmla.com/faqs/criminal-defense/what-is-self-defense-in-louisiana/ - FAQ Category: Criminal Defense, General Criminal Law What is Considered Self Defense in Louisiana? How Louisiana State Law Defines Self-Defense Circumstances in which self-defense is justifiable are outlined in LA R. S. 14:18. Circumstances in which use of force or violence can be used are outline in LA R. S. 14:19. LA R. S. 14:20, also known as the “Stand Your Ground” law, outlines the circumstances in which homicide can be found justifiable. One must understand that the use of deadly force in self-defense can be legal or illegal, depending on the circumstances and the details of the incident. Louisiana law allows a person to use reasonable or defensive force against an aggressor as protection from bodily harm or death. Self-defense can be used in protection for themselves or a family member. Self-defense laws in Louisiana are complex by nature. Each incident involving self-defense will be thoroughly analyzed to determine whether self-defense was justifiable. Was this article helpful? YesNo When Is Self-Defense Needed? Self-defense is outlined in Louisiana state law to keep people alive and/or minimize or eliminate bodily harm when it is needed most. The most common situations when self-defense is used include those that involve assault, battery, and homicide. Whether it is justified will be determined by the court. To justifiably use self-defense by law, four elements must be proven: The attack must be unprovoked. There must be an imminent injury or death. There must be a reasonable degree of force used against you or a loved one. There must be a reasonable fear of... --- - Published: 2024-06-30 - Modified: 2025-04-03 - URL: https://johnsonfirmla.com/faqs/criminal-defense/what-happens-if-i-violate-probation/ - FAQ Category: Criminal Defense, General Criminal Law What Happens if I Violate Probation? If you have been found guilty of committing a crime, then a few things could happen. You may go to jail or you could be put on probation. Probation is a court-ordered sanction that rules that a person can stay in their community, but a probation officer is going to have to supervise them. This will allow the convicted person to remain out of jail, which is a big relief. The terms of probation vary depending on your charges. They could include: Going to counseling Mandatory drug testing Performing community service Restrictions on weapons Paying fines The probation officer who is assigned to you may do things like: Determine if you pose any risks Administer drug tests to ensure you have not been drinking or doing drugs Overseeing your rehabilitation Monitor you to ensure you’re following the court orders Guarantee you have access to services you need in order to succeed Visit you at your home Make sure you’re staying within the specified jurisdiction Search your home and car if your officer suspects you are involved in criminal activity Ensure you’re fulfilling your obligation to pay child support and/or alimony Come up with reports and recommendations that will be submitted to the court At any time, if you do not meet the terms of your probation, then you would be violating them. And if you’re wondering what happens if you violate probation, there could be a range of consequences. Was this article helpful? YesNo... --- - Published: 2024-06-30 - Modified: 2025-04-03 - URL: https://johnsonfirmla.com/faqs/criminal-defense/how-do-i-find-out-if-i-have-an-arrest-warrant-in-louisiana/ - FAQ Category: Criminal Defense, General Criminal Law How do I find out if there’s a warrant for my arrest in Louisiana? Taking immediate action is essential if you’re facing criminal charges in Louisiana. As such, it’s vital first to know how to determine whether there’s a warrant for your arrest. If such a warrant exists, a Lake Charles criminal defense attorney at The Johnson Firm can review your legal defenses and seek to reduce or dismiss your charge. Was this article helpful? YesNo What types of warrants exist in Louisiana? There are two primary types of warrants in Louisiana: bench and arrest. An arrest warrant is issued after the police have investigated a crime and established probable cause. A judge issues a bench warrant, allowing law enforcement to arrest you, typically for failing to appear for a scheduled hearing in court. Neither of these warrants will go away unless they’re resolved. You can be arrested if you’re pulled over and have an outstanding warrant. It’s best to speak to a criminal defense lawyer in Louisiana immediately. How do I find out if there’s a warrant for my arrest? There are a couple of ways you can determine whether you have a warrant for your arrest in Louisiana. Some are more reliable than others. Options for searching warrants in Louisiana include the following. Over the phone Call your local city police, county sheriff’s department, or courthouse to request they search the Louisiana active warrants database for your name. However, many agencies will only provide limited information and request... --- - Published: 2024-06-30 - Modified: 2025-04-03 - URL: https://johnsonfirmla.com/faqs/criminal-defense/can-you-get-kicked-out-of-college-for-being-arrested/ - FAQ Category: Criminal Defense, General Criminal Law Can you get kicked out of college for being arrested? Getting arrested is scary for anyone, but it can be especially worrisome if you’re a college student because your future is closely tied to your education. Although it’s understandable that you might be really concerned, the answer isn’t a simple yes or no. The future of your college career following an arrest depends on a multitude of factors, including the seriousness of your alleged offense and the school’s code of conduct as it pertains to an arrest. Here’s some information that will help give you a better idea of whether or not you’re at risk for a suspension – or possibly expulsion. Outcomes depend on student codes of conduct Each school in Louisiana has its own specific code of student conduct which contains policies on how students are disciplined if they’re arrested. The school can take several different actions, but punishments will typically be more severe based on the severity of the crime. Each school in Louisiana has its own specific code of student conduct which contains policies on how students are disciplined if they’re arrested. The school can take several different actions, but punishments will typically be more severe based on the severity of the crime. Consequences at LSU and Loyola If you’re a student at one of these schools and you’re arrested, you might be subject to one of the following actions. Disciplinary probation If you’ve been charged with a relatively minor offense, you may face probation. At... --- - Published: 2024-06-30 - Modified: 2025-04-03 - URL: https://johnsonfirmla.com/faqs/criminal-defense/dismissal-vs-expungement/ - FAQ Category: Criminal Defense, General Criminal Law Dismissal vs. expungement: What’s the difference? A criminal record affects your employment and housing opportunities, can interfere with child custody issues, securing loans, and hurt your reputation–among other consequences. However, a criminal record does not always have to last forever, and an experienced Lake Charles criminal defense attorney can walk you through dismissal vs. expungement procedures and work toward clearing your record. What does it mean to have a case dismissed? “Case dismissed” means the case is over, and the offender has not been convicted. Once dismissed, all legal action regarding the charges ends–at least temporarily. Dismissals can happen at any point in the legal process—before a trial starts, during the trial, or after a criminal trial ends if the defendant takes the case to the appeals court and wins the appeal. Dismissals rendered “with prejudice in a civil proceeding” constitute a final judgment. In contrast, dismissals rendered “without prejudice” mean the defendant may be brought into criminal court on those charges again, according to Louisiana Article 1673. In a criminal indictment or when a criminal bill is filed, the district attorney has the power, in his discretion, to dismiss an indictment or a count in an indictment, and to exercise that power, he doesn't need to obtain the consent of the court, under Louisiana Code of Criminal Procedure 691. The effect of a dismissal by the district attorney varies, according to Louisiana Code of Criminal Procedure 693. Who has the power to dismiss a case? The prosecutor files charges... --- - Published: 2024-06-30 - Modified: 2025-04-03 - URL: https://johnsonfirmla.com/faqs/criminal-defense/will-i-lose-my-job-if-i-get-arrested/ - FAQ Category: Criminal Defense, General Criminal Law Will I lose my job if I get arrested? It makes sense to wonder, “Will I lose my job if I get arrested? ” as arrests come with a variety of legal and personal consequences. The answer to that question is “it depends,” as the specific terms of your employment may or may not allow your employer to fire you legally. Protect yourself from unfair termination by connecting with a Lake Charles criminal defense attorney from The Johnson Firm after your arrest. Your attorney can review your situation and provide sound legal guidance. What are Louisiana’s laws about losing your job after an arrest? How can you lose your job for getting arrested? Louisiana’s labor laws make it an “at-will” state, which means employees can leave a job at any time and for any reason. This also allows employers to fire a worker for any reason or even no reason. However, there are exceptions to at-will firings. An employer cannot fire you “at will” if: Your contract is for a specific length of time You are a member of a union with a collective bargaining agreement You are protected under federal or state law The protections under federal and state law are exceptions to the “employment-at-will” doctrine, as explained by the Louisiana Bar Association. There is no comprehensive list of these potential exceptions, but examples include filing a workers’ compensation claim, whistle-blowing, and participating in union activities. When can you lose your job for being arrested? If there is no... --- - Published: 2024-06-30 - Modified: 2025-04-03 - URL: https://johnsonfirmla.com/faqs/family-law/louisiana-protective-order-laws/ - FAQ Category: Criminal Defense, Family Law, Family Violence Louisiana Protective Order Laws for Domestic Violence A protective order is also known as a restraining order, injunction against abuse, peace bond, or criminal order of protection. In Louisiana, protective order laws vary based on many different factors, however, in general, they operate to provide protection to a family member when they have been abused by another family member. If a protective order is granted, then if the abuser violates the order, they will face penalties ranging in severity depending on the number of violations or the specific details of the violation. If you were the victim of family violence, you are protected under Louisiana law and you should understand your rights. Whether or not you’re married to your abuser, domestic violence is inexcusable and must be dealt with under the law. The Johnson Firm is here to protect our clients and represent them with compassion. We have helped hundreds of abuse victims achieve safety and normalcy. Keep reading to learn about Louisiana protective order laws, then call The Johnson Firm at (337) 433-1414. Types of LA Domestic Violence Protective Orders As mentioned above, protective orders may also be called restraining orders or injunctions against abuse. Although these terms are used interchangeably, there are several distinctions. The type of order you can receive will depend on the unique facts of your case. Protective Orders In Louisiana, a protective order is issued by a judge after a court hearing at which the victim and their abuser are present. These orders are... --- - Published: 2024-06-30 - Modified: 2025-04-03 - URL: https://johnsonfirmla.com/faqs/criminal-defense/sexting-laws-in-louisiana/ - FAQ Category: Criminal Defense, Internet Crime What are the Louisiana sexting laws for juveniles? In some cases, sexting between teenagers can be considered a crime, and depending on their ages, both the teenagers and their parents could face legal consequences. If your teen has been charged with sexting in Louisiana, you need to seek legal advice. To learn more, contact a Lake Charles internet crime lawyer from the Johnson Firm or call (337) 433-1414. We will look at your case and discuss the best options.   Was this article helpful? YesNo When can teens be charged with sexting? The law in Louisiana is very clear about what is considered sexting and the legal ramifications for the same. "Sexting” is when a person under the age of seventeen uses a computer or telecommunication device to possess or transmit an indecent visual depiction of themself or another person under the age of seventeen. (RS 14. 81. 1. 1). Sexting law only applies if both parties are juveniles It’s very important to understand the difference between “sexting” and “pornography involving juveniles” because they are different crimes and carry very different consequences. If a person under the age of seventeen exchanges sexually explicit photos with a person under the age of seventeen, then he can be charged with sexting which is a misdemeanor. However, if a person over the age of seventeen exchanges sexually explicit photos with a person under the age of seventeen, then he can be charged with pornography involving juveniles which is a felony.   In other... --- - Published: 2024-06-30 - Modified: 2025-04-03 - URL: https://johnsonfirmla.com/faqs/criminal-defense/possession-of-child-pornography/ - FAQ Category: Criminal Defense, Internet Crime Can I still be charged with possession of child pornography if it was an accident? In the state of Louisiana, it’s illegal to possess sexually explicit images or videos of juveniles (anyone under the age of 17). Lack of knowledge of their age is not a valid defense.   In some cases, people who are charged with child pornography claim it was accidental. They contend that they didn’t intend to view or download the images or that they never even existed on their computer or device at all. If you’ve been charged with possession of child pornography in Louisiana, you need to seek legal advice. Contact a Lake Charles internet crime lawyer from the Johnson Firm by calling (337) 433-1414. We will look at your case and discuss the best options.   Was this article helpful? YesNo Accidental download isn’t always a defense If child pornography is found on your computer or other electronic devices, claiming it was an accident isn’t always a valid defense. It could help lower the severity of the consequences if you can prove you didn’t intend to distribute the images or you didn’t produce or manufacture them. However, you could still be held responsible for the images or videos being in your possession.   Defending yourself against child pornography charges is a very delicate and difficult process. These laws are in place to protect innocent children and juveniles under the age of 17.   Reach out to an attorney and share all of the details.... --- - Published: 2024-06-30 - Modified: 2025-04-03 - URL: https://johnsonfirmla.com/faqs/criminal-defense/what-are-some-crimes-where-juveniles-are-tried-as-adults/ - FAQ Category: Criminal Defense, Juvenile Defense In Louisiana, what are some crimes where juveniles are tried as adults? While juveniles usually do not have to worry about facing adult-level penalties for their criminal acts, there are some crimes in Louisiana where juveniles can be tried as adults. This can result in adult punishments and incarceration in adult prisons. If your child has been accused of a crime and is being tried as an adult, skilled and experienced legal advocacy is essential to ensure that your child’s rights are protected and their freedom supported.   Reach out today to speak about your case with an experienced Lake Charles juvenile defense attorney from The Johnson Firm, and read on to learn more. Was this article helpful? YesNo Why are some juveniles tried as adults? Juveniles are generally processed through the juvenile justice system. This is because in many instances they do not have the capacity for the intent needed to be tried for adult crimes.   However, juveniles can be tried as adults in Louisiana for some crimes given the severity of the crime and impact on the community. The National Juvenile Defense Center notes that in Louisiana, a juvenile can be tried as an adult if they have committed the following crimes: First-degree murder – This is a murder with premeditation Second-degree murder – Second-degree murder is killing without premeditation Aggravated kidnapping – Kidnapping with the threat or use of force generally Aggravated rape – Rape involving the use of force or deadly threat, sometimes with a... --- - Published: 2024-06-30 - Modified: 2025-03-20 - URL: https://johnsonfirmla.com/faqs/criminal-defense/can-i-refuse-breathalyzer/ - FAQ Category: Criminal Defense, DUIs CAN I REFUSE THE STANDARDIZED FIELD SOBRIETY TEST OR THE BREATHALYZER TEST? Standardized field sobriety tests (SFST) and breathalyzer tests are used by law enforcement officers to determine whether a driver is under the influence of drugs or alcohol. The SFST are scientifically proven to confirm intoxication. Additionally, a vast majority of SFST results administered by law enforcement officers are accepted as evidence in court. Upon being stopped for a suspected DWI/DUI, you have the right to refuse the SFST and breathalyzer test. However, there may be consequences to your refusal.   How Refusing the Standardized Field Sobriety Tests and the Breathalyzer Works In Louisiana, a driver can refuse the SFST at any time without penalty. However, if you refuse any type of blood alcohol concentration (BAC) tests, you will face penalties as defined in the Implied Consent Warning (these penalties are required to be read to you by the officer prior to the breathalyzer test being administered). It is imperative you hire an attorney immediately because if you don’t appeal the automatic suspension of your license within 30 days of your arrest, you lose the right to appeal your suspension and the suspension goes into effect. If you file an appeal though within 30 days, the suspension is stayed and this allows you to continue to drive legally in most cases while the matter is challenged in court.   Consequences You May Face When Refusing All BAC Tests For refusal of BAC tests, you will face an automatic license... --- - Published: 2024-06-30 - Modified: 2025-03-20 - URL: https://johnsonfirmla.com/faqs/criminal-defense/are-dwi-dui-checkpoints-legal/ - FAQ Category: Criminal Defense, DUIs Are DWI/DUI roadblocks and checkpoints legal? DWI/DUI roadblocks and checkpoints are temporarily set up by local law enforcement to randomly screen drivers for drunk driving. They are very controversial as many question the legality of these roadblocks/checkpoints. Are DWI/DUI roadblocks and checkpoints legal?   Was this article helpful? YesNo Do Checkpoints Violate Your Fourth Amendment Rights? The U. S. Constitution's Fourth Amendment does not allow law enforcement officers to unreasonably perform search and seizure acts. Since DWI/DUI roadblocks and checkpoints are a suspicionless investigation, some argue that it is unconstitutional and intrusive upon each American’s individual liberties.   However, it was decided that these sobriety checkpoints are necessary to protect American citizens from drunk drivers, and thus the minimal infringement on an individual’s rights are outweighed by states’ interest in protecting its citizens. . The U. S. Supreme Court allows each individual state to create its own laws regarding DWI/DUI roadblocks and checkpoints. Therefore, DWI/DUI roadblocks and checkpoints are legal in 38 states to help reduce drunk and impaired driving. Twelve states have deemed sobriety checkpoints illegal in some form or another, including Alaska, Idaho, Iowa, South Carolina, Michigan, Minnesota, Oregon, Rhode Island, Washington, Wisconsin, Wyoming.   Louisiana DWI/DUI Checkpoint Laws Louisiana is one of the states that does allow law enforcement officers to utilize sobriety checkpoints and roadblocks. It is common to see checkpoints during times when drunk driving increases, such as holidays. The Louisiana Supreme Court mandates that the police follow strict adherence to guidelines ensuring the checkpoints... --- - Published: 2024-06-30 - Modified: 2025-03-20 - URL: https://johnsonfirmla.com/faqs/criminal-defense/during-a-dwi/dui-stop-can-a-police-officer-ask-me-questions-without-reading-me-my-rights/ - FAQ Category: Criminal Defense, DUIs During a DWI/DUI stop, can a police officer ask me questions without reading me my rights? Louisiana is one of the states that allows DWI/DUI stops, also known as sobriety stops or checkpoints. You may come across one around a holiday or another peak time for drunk driving, so it’s important to know your rights. A police officer can ask you questions without reading your rights during a DWI/DUI stop. It is typical for police officers to inform you of your Miranda rights once you are under arrest and in police custody.   While it is customary for police officers to inform you of your Miranda rights once you’re in custody, it’s legal for them to question you prior to arrest. This is why it’s good to know your rights beforehand, so you can act appropriately during these sensitive situations. If you are questioned, charged, and not read your rights before a custodial interrogation during a DWI/DUI stop, you can contest your ticket or charge, which may be dismissed or reduced.   Was this article helpful? YesNo What Happens During a DWI/DUI Stop At a DWI/DUI stop, also known as a DUI checkpoint or sobriety checkpoint, police officers randomly stop drivers who were traveling on the road where the checkpoint was set up. Drivers are able to turn around before the checkpoint, as long as there is a legal way of doing so. An illegal U-turn can provoke an officer to stop a person for the violation, even if the... --- - Published: 2024-06-30 - Modified: 2025-03-20 - URL: https://johnsonfirmla.com/faqs/criminal-defense/what-rights-do-i-have-during-a-dui/dwi-stop/ - FAQ Category: Criminal Defense, DUIs What rights do I have during a DUI/DWI stop? The legality of DUI/DWI stops continue to be debated in the United States. The federal government has left it up to each state to decide whether or not they will allow DUI/DWI stops. Louisiana is one of the many states that has chosen to allow sobriety stops or checkpoints. While a DUI/DWI stop technically violates your Fourth Amendment rights, the Supreme Court has allowed states to use them to protect citizens from drunk drivers and reduce drunk driving.   Whether you’ve been drinking or not, DUI/DWI stops can be intimidating and frightening. It’s important to know your rights during a DUI/DWI stop so you can make sure to act appropriately.   As for your rights during a sobriety stop, you are entitled to the same rights as you have during any other stop by a police officer. What Is a DWI/DUI Stop? A DWI or DUI stop is a temporary roadblock created by local law enforcement officers to help find drunk or impaired drivers. They are often set up during holidays and other times of the year where drunk driving is at its highest.   DWI/DUI stops are controversial because they allow police officers to randomly question and test individuals without reasonable suspicion. Drivers are randomly stopped and questioned about what they’re doing and where they’ve been. Officers take note of any suspicious activity during your interaction. They may ask for your driver’s license, registration, and/or insurance information. It is standard... --- - Published: 2024-06-30 - Modified: 2025-03-20 - URL: https://johnsonfirmla.com/faqs/criminal-defense/can-i-talk-to-a-lawyer-before-i-submit-to-a-urine-blood-or-breathalyzer-test/ - FAQ Category: Criminal Defense, DUIs Can I talk to a lawyer before I submit to a urine, blood, or breathalyzer test? When you are suspected of drunk or impaired driving, you may be asked to take a chemical sobriety test, such as a urine, blood, or breathalyzer test.   It’s important to know your rights before submitting to a test. Once you are arrested, your Miranda Rights are invoked, meaning you have a right to speak to an attorney. If you can timely do so, you can speak to an attorney before your chemical tests. However, if you cannot speak to an attorney timely, and you refuse to take the test, this still counts as a legal refusal of a chemical test which can result in suspension of your license. Further, despite refusal, the police can still obtain search warrants which force you to comply with the chemical tests.   These chemical sobriety tests allow police to determine the amount of alcohol or a substance that you consumed. Unlike field sobriety tests, they are backed by science and can show exact blood alcohol concentration (BAC) levels or the presence of a controlled dangerous substance in the body.   In order to ask for a driver to submit to a urine, blood, or breathalyzer test, a police officer must have reasonable grounds for believing that the driver is impaired. Breathalyzer tests are the most common form of chemical sobriety test. Most often, police officers ask you to take a breathalyzer test and/or a field sobriety test... --- - Published: 2024-06-30 - Modified: 2025-03-20 - URL: https://johnsonfirmla.com/faqs/car-accidents/car-insurance-lapse-car-accident/ - FAQ Category: Car Accidents, Personal Injury My car insurance lapsed and I had an accident. What do I do now? If your car insurance has lapsed and you had an accident, what do you do now? To avoid the risk of fines, penalties, and even jail, you should immediately schedule a * with our Lake Charles car accident lawyers. The Johnson Firm will assess your case and explain your options to get financial relief for your medical bills and reduce the negative impact of letting your insurance lapse. How does my car insurance lapse? The most common cause of a lack of coverage is when you forget or don’t have the funds to pay your monthly premium. However, just because your insurance lapsed doesn’t mean you’re a bad person. Another way that a lapse can occur is when you buy a new car and there is a gap in coverage from your old vehicle. You may also not have known that it was time for your policy to renew or that your insurer canceled your coverage without warning. Why does it matter if my insurance lapses? Louisiana is a “fault” state, which means that anyone who causes a car accident must pay for the injuries and damages to those they harmed. That’s why it’s required that every driver carry a minimum amount of liability insurance so they can pay at least some of the bills a victim incurs. Those minimums are: $15,000 bodily injury insurance for an individual $30,000 bodily injury insurance for two or more... --- - Published: 2024-06-30 - Modified: 2025-04-03 - URL: https://johnsonfirmla.com/faqs/personal-injury/what-to-do-after-an-injury/ - FAQ Category: General Personal Injury, Personal Injury What to Do After an Injury One minute you’re driving down the highway, and the next you’re in an ambulance. What do you do now? How will you pay your medical bills? How can you make sure the insurance company or other driver doesn’t take advantage of you?   No matter where or how you were injured, if someone else caused your injury out of negligence, you’re eligible to pursue compensation against their insurance policy. But you have to follow certain steps to have a successful claim. Keep reading to learn what to do after an injury and receive maximum compensation and protect your legal rights. Was this article helpful? YesNo Contact our Lake Charles personal injury attorneys at (337) 433-1414 for more information. 1. Seek medical attention. You’d be surprised how many people choose not to seek medical attention after being injured. Maybe they think they can’t afford it, or they don’t feel any pain. Not going to the doctor is an enormous mistake that could cost you your health and lots of money. If you decide to file an insurance claim, the first thing they’ll look for is whether or not you were seen by a doctor and have documentation of your injuries.   If you didn’t go to the doctor, the other party will likely assume that you must not be injured and clearly don’t need compensation. Also, not going to the doctor could cause health complications down the line. Even if you feel fine after the... --- - Published: 2024-06-30 - Modified: 2025-04-03 - URL: https://johnsonfirmla.com/faqs/personal-injury/how-long-will-my-personal-injury-case-take/ - FAQ Category: General Personal Injury, Personal Injury How long will my personal injury case take? A personal injury case is a legal proceeding that requires numerous people to make key decisions related to the losses incurred by one party. The time it takes for a personal injury case to be processed depends on many factors, but it could range from several months to several years. At The Johnson Firm, our Lake Charles personal injury attorneys work closely with our clients to help them get compensation paid as soon as possible. Having our attorney on your side can help you learn how long your personal injury case may take and what you can do to speed it up. What factors contribute to the length of a case? Numerous factors can play a role in determining the amount of compensation owed to you. That includes: The severity of your injuries, such as if multiple or catastrophic injuries or complicated losses are involved and those that require extensive medical care. The number of people involved in the case, including the number of claimants How clear is the evidence to support your claim The number of witnesses The need for experts to perform testing or analysis You want to be sure your attorney is moving quickly. When you work with The Johnson Firm, we do all we can to minimize any delays in your case by keeping the lines of communication open. If you have questions, ask us. If we need more information from you, respond to us as soon as... --- - Published: 2024-06-30 - Modified: 2025-04-03 - URL: https://johnsonfirmla.com/faqs/personal-injury/what-questions-should-i-ask-my-lawyer-about-my-case/ - FAQ Category: General Personal Injury, Personal Injury What questions should I ask my lawyer to ensure they’re well-equipped to handle my case? Taking legal action to recover compensation for the damages caused by personal injury can feel like uncharted territory. Working with a personal injury attorney may be a new experience requiring you to trust a stranger to help you financially recover. The Johnson Firm suggests these questions when you search for Lake Charles personal injury attorneys. How many cases similar to mine have you handled? This question will give insight into an attorney’s experience. No one case is the same, but there are similar circumstances. The Johnson Firm understands that we are stronger as a team. Our combined resources provide us with the experience of working for many clients in varying cases to achieve the best outcome in every personal injury case we represent in Louisiana. Through open communication with you and our team, we will use our background on previous similar cases to provide the best outcome possible. Do you think I have a strong case? Any claim is often the strongest when quickly pursued after an injury occurs. Taking immediate action is not about jumping to conclusions but preserving evidence that can get lost or destroyed over time. We will also ensure we meet the statute of limitations for a personal injury claim. In a personal injury case, we must prove four essential components to show negligence resulting in your injuries. With this information, a case can provide the best outcome. We will review... --- - Published: 2024-06-30 - Modified: 2025-03-20 - URL: https://johnsonfirmla.com/faqs/car-accidents/no-seatbelt-can-i-recover-damages/ - FAQ Category: Car Accidents, Personal Injury Can I recover damages if I wasn't wearing a seatbelt? Auto accidents can be very frightening. While it is unsafe to not wear a seatbelt where required by law, there are many cases when one or more persons in a car accident aren’t wearing one. Sometimes, it is the victim that suffered many damages and needs to sue to recover full damages. If you are not wearing a seatbelt in an auto accident, you are still able to recover damages, according to Louisiana state law in R. S. 32:295. 1, Section E. While not wearing your seatbelt may be considered by the judge or jury, not wearing a seatbelt does not bar you from filing suit or collecting full and fair compensation for your injuries. How Seatbelt Laws Work in Louisiana The State of Louisiana’s seatbelt law is defined in R. S. 32:295. 1. It states that every driver of a passenger car, van, sports utility vehicle, or truck that weighs 26,000 pounds or less needs to have a seatbelt properly fastened at all times while moving in a forward motion. Safety is paramount, and the Legislature has recognized that wearing a seatbelt is such a basic and easy manner of protecting yourself. If you don't do it, you may be considered negligent in failing to protect yourself from the risk of a collision. However, the new law does not automatically find you at fault for not wearing a seatbelt, it simply allows the insurance company to bring it up... --- - Published: 2024-06-30 - Modified: 2025-03-20 - URL: https://johnsonfirmla.com/faqs/car-accidents/issued-ticket-car-accident-claim/ - FAQ Category: Car Accidents, Personal Injury Can I file a car accident lawsuit even if I was issued a ticket? Stressed woman drive car feeling sad and angry. Girl tired, fatigue mental on car. Sleepy and drunk female hangover. Illegal law driver license. Driving when tired and do not drive drowsy concept When you’ve been in a car accident, there are a lot of factors at play. That is why it’s important to call the police immediately after the accident. Police are there to talk to all parties involved, assess damage, and analyze the situation. While injuries and property damage are a top concern, the police may also issue tickets at the scene.   If either of the drivers has violated a traffic law, they can get a ticket. If you were issued a traffic ticket after an accident and you also have damages to recover, you may be unsure whether or not you can still get compensation for damages. Yes, you can still file a car accident lawsuit even if you got a ticket. Plus, you can fight the ticket, which is an especially good idea if the ticket serves as evidence that you are at fault for the accident. Was this article helpful? YesNo Common Traffic Tickets After a Car Accident Different tickets mean different things for a car accident lawsuit. Some tickets can affect the results and help prove you were at fault, which affects your ability to recover damages.   Both the type of ticket and the details of the incident will... --- - Published: 2024-06-30 - Modified: 2025-03-20 - URL: https://johnsonfirmla.com/faqs/car-accidents/what-to-do-if-other-driver-denies-liability-car-accident/ - FAQ Category: Car Accidents, Personal Injury What can I do if the other driver is denying liability in our car accident? If you were injured in a car accident that was caused by someone else, naturally you expect to have your vehicle repaired and injuries paid for with little to no trouble. But occasionally, the at-fault party or his/her insurer tries denying liability for the car accident. If this happens, don’t panic or assume you don’t have a case; call one of our experienced Lake Charles car accident lawyers for assistance. We’ll work to prove that the other party caused the crash that led to your injuries, and will work to prevent their insurance company from denying or devaluing your claim. Call us today to schedule your free, no-obligation case consultation. Keep reading to find out what you can do if the other party denies responsibility for the crash. Can we start with being pre-emptive? People should absolutely never assume that the other side is going to play fair or be truthful about what happened. Document everything. Take photographs. Talk to witnesses and ask them to write down what they saw and hand it to you with their contact information. Get recordings if you can. Call the police to the scene, especially if the other driver wants to avoid getting the police involved. That’s a huge red flag that the person you had the wreck with isn’t interested in being responsible, and no police report means nothing really happened. Start the claim with the insurer right away... --- - Published: 2024-06-30 - Modified: 2025-03-20 - URL: https://johnsonfirmla.com/faqs/car-accidents/what-happens-if-the-at-fault-party-isnt-insured/ - FAQ Category: Car Accidents, Personal Injury What happens if the at-fault party isn’t insured? If you’ve been in a car accident, you know that insurance providers play an important role. They assume liability for damages from the accident, which are covered up to a certain amount and according to each driver’s policy. While Louisiana does require that all drivers carry current auto insurance, far too many drivers are still driving the roads without it. If you get into an accident with a driver that doesn’t have current car insurance, don’t panic. Damages may be covered by uninsured/underinsured motor vehicle insurance (UM/UIM). In cases with significant damages that aren’t covered, you can claim damages through a lawsuit. Was this article helpful? YesNo Report the Accident To Police If you don’t report the accident to the police, there will be no record of it, and it will be harder to prove what happened later on if a lawsuit happens. Reporting is especially important when the at-fault party isn’t insured, leaving you with few options for recovering damages. Reporting the accident to the police also gives you evidence during a lawsuit. A police officer may testify regarding the substance of the report. It’s also good to obtain a copy for your own records as soon as possible. Gather Evidence & Information Beyond the police report, it is critical to provide evidence of the fault of the other party, showing that they are either uninsured or not sufficiently insured. From the beginning, at the scene of the accident, it’s good... --- - Published: 2024-06-30 - Modified: 2025-03-20 - URL: https://johnsonfirmla.com/faqs/car-accidents/what-happens-when-a-car-accident-claim-exceeds-insurance-limits/ - FAQ Category: Car Accidents, Personal Injury What happens when a car accident claim exceeds insurance limits? Are you trying to settle a car accident claim? Will your claim exceed the at-fault party’s insurance limits? When a car accident claim exceeds insurance limits, you can file a claim with your car insurance provider or potentially recover the additional funds through legal action.   Since most people only carry the minimum legal requirements of liability coverage for bodily injury and property damage, a claim can easily exceed insurance limits, whether due to an ongoing injury that arose from a light fender bender or a severe, multi-vehicle accident with many damages.   If you’re in a situation where your claim exceeds the other driver’s insurance limits, The Johnson Firm can help you plan the best path forward and answer any questions you have about your case. Ready to talk to a top Louisiana car accident lawyer? Call 337-433-1414 or send us a message now to get in touch with our team. Was this article helpful? YesNo Auto Insurance Laws in Louisiana In Louisiana, the minimum insurance requirement for bodily injury is only $15,000 per person/$30,000 per accident, so it does not take much to exceed the minimum insurance limits that the vast majority of people carry. Each vehicle is also required to have a minimum of $25,000 coverage for property damage. While a severe car accident with a serious injury can easily exceed insurance limits, even fender bender case, where the client goes to the ER, his/her family doctor,... --- - Published: 2024-06-30 - Modified: 2025-03-20 - URL: https://johnsonfirmla.com/faqs/car-accidents/what-happens-if-im-partially-to-blame-for-a-crash/ - FAQ Category: Car Accidents, Personal Injury What happens if I'm partially to blame for a crash? The blame for Louisiana car accidents doesn't always fall on one person or another. Often, a series of actions by each party involved can contribute to an accident, leading to each party holding some blame. A partial fault car accident is common, but determining the fault of each party is not always straightforward. If you are involved in a car accident, no matter who is at fault, contact the Lake Charles car accident lawyers at The Johnson Firm to work with an experienced team with a proven record in recovering compensation for clients. Know Louisiana's laws Louisiana law follows comparative fault rules, meaning that each individual involved in an accident can be assigned a percentage of fault. The law also provides the ability to seek compensation even if an individual holds most of the blame in an accident. For example, a driver in a car accident can be found 80% responsible for an accident but is still allowed to seek compensation for the 20% of damages they suffer. Determining fault in Louisiana Louisiana's laws regarding car accidents are beneficial even for drivers who hold some responsibility in a partially at-fault car accident. However, determining fault can be challenging. It is the responsibility of each driver to prove the other driver involved in an accident acted negligently, resulting in the damages they experienced. You cannot collect for the percentage of your own fault. If you are involved in a car accident,... --- - Published: 2024-06-30 - Modified: 2025-03-20 - URL: https://johnsonfirmla.com/faqs/car-accidents/how-do-you-fix-an-incorrect-police-report/ - FAQ Category: Car Accidents, Personal Injury How do you fix an incorrect police report? Most of the time, a police report will be very detailed and complete, providing much of the necessary information to hold the responsible party accountable for what happened. Other times, mistakes happen, and in some situations, you may be accused of something you did not do, or there could be other errors present. How do you fix an incorrect police report? There are steps in place that you can take to report and fix an inaccurate police report, but it can be challenging to do so. Rather, it is often necessary to work with our legal team to ensure you do not face challenges along the way. Our Lake Charles car accident lawyers can offer all of the guidance and support you need to get the right information in place. How to dispute a false police report One of the steps that you could take is to file another accident report and provide the information you believe to be accurate. When there are factual errors in a police report, it can cost you dearly later, so you certainly want to have this information updated and accurate. Inquire at the police station Keep in mind that the police officer who is investigating the case can make changes to the police report. However, if you arrive at the police station and demand that they change the report, chances are good that it will not happen since they are not obligated to do so. Instead,... --- - Published: 2024-06-30 - Modified: 2025-03-20 - URL: https://johnsonfirmla.com/faqs/car-accidents/who-pays-for-rental-car-after-accident/ - FAQ Category: Car Accidents, Personal Injury Who pays for the rental car after an accident? When you are in a car accident, you may have significant damage to your car, and that could make it hard for you to get around. But who pays for the rental car after an accident? Typically, the insurance company for the responsible driver pays for the losses you have, and that should include the rental car, but it may not be as straightforward as that. At The Johnson Firm, we work closely with our clients to ensure all of their financial losses are met. Our Lake Charles car accident lawyers will make sure that you get the compensation owed to you by fighting for those rights, and that often includes a car rental. How to get a rental car after an accident When you are in a car accident that another person causes, you will be able to obtain a car rental at that time. You will need to file a claim with the responsible party's insurance company to obtain a car rental. If you are not filing a claim immediately, that may mean you have to pay for the cost of the car rental out of your pocket now and be reimbursed later. Typically, insurance companies will provide a rental to you right away to not run up additional costs, such as with rideshare services. However, if there are any reasons for the insurance company to believe they are not responsible for the losses, they may not be willing... --- - Published: 2024-06-30 - Modified: 2025-03-20 - URL: https://johnsonfirmla.com/faqs/car-accidents/witnessing-a-car-accident/ - FAQ Category: Car Accidents, Personal Injury What information should I get from someone after witnessing a car accident? When you are involved in a car accident, you need as much evidence as possible to help support your case. You may have difficulty proving your case without witnesses who saw your car accident. Witnessing a car accident can be a frightening experience, but if the witness is willing to help, their testimony can help support your case. At The Johnson Firm, we know how important a car accident witness can be to your case. Our Lake Charles car accident lawyers are here to help you identify witnesses, gather the information you need, and represent you in court. If you need help getting the right information from witnesses, we can help you determine what you need to know. Why witness information is valuable Determining fault is one of the most important early steps you can take following a car accident. A witness may be able to offer an unbiased, firsthand account of what happened and how it happened. That can be vital for your case. Because of this, it is also crucial to seek out a car accident witness statement from anyone who saw the accident. These statements can help support your version of events and provide evidence needed in court. If you struggle to determine fault, contact any witnesses of your accident. Traffic conditions at the time of the collision When remembering your accident, you may struggle to remember exactly what happened and how it happened. Because... --- - Published: 2024-06-30 - Modified: 2025-03-20 - URL: https://johnsonfirmla.com/faqs/car-accidents/who-is-at-fault-in-a-multi-car-accident/ - FAQ Category: Car Accidents, Personal Injury Who is at fault in a multi-car accident? Crashes involving two vehicles can be far less complicated than those involving three or more vehicles, a situation known as a “pileup” or “multi-car crash. ” If you were injured in a crash and need compensation to pay your medical bills, make up for lost wages, and more, you need to know who’s at fault (responsible) for the collision. So who’s at fault in a multi-car accident? And what do you need to do to get the compensation you are owed? Our Lake Charles car accident lawyers can help you to navigate your legal rights. Contact The Johnson Firm today to discuss your case through a *. Call (337) 433-1414 now. Who is liable in a multi-car accident? Many factors are considered in a multi-car accident, and ultimately, the most liable person is the one who caused the first incident to occur. However, it is only sometimes that clear. For example, if you struck another person because you did not react fast enough to changing circumstances on the roadway, you could be responsible for the damages you caused to others. Multi-car collisions – who’s at fault when more than one person may be to blame? In some situations, it is not clear if one person is more to blame than the other. This is when it gets very confusing and challenging for many drivers and insurance companies. Ultimately, the police will investigate (and your insurance company will as well) to determine fault.... --- - Published: 2024-06-30 - Modified: 2025-03-20 - URL: https://johnsonfirmla.com/faqs/car-accidents/injured-in-car-accident-with-no-health-insurance/ - FAQ Category: Car Accidents, Personal Injury I was injured in a car accident with no health insurance. What should I do? Very few car accidents leave you with no injuries at all. Even a minor fender-bender where someone bumps you from behind could lead to whiplash or other conditions. Yet, if you were injured in a car accident with no health insurance, what should you do? If you are the victim of another driver’s negligence, then you may be eligible to seek compensation from their automotive insurance. In Louisiana, the Lake Charles car accident lawyers at The Johnson Firm can help you understand the state’s fault policy for car crashes. Contact us to learn more during a *. How do insurance and fault work in Lake Charles? In Louisiana, car insurance is required for every driver. This is because we are in a “fault” state, meaning any person who causes an accident is financially responsible for the injuries and property damage resulting from the crash. You may have your own auto insurance, which you can turn to in certain circumstances, but even if you are injured in a car accident with no health insurance, you have options. The Louisiana Department of Insurance requires minimum amounts of liability coverage for every person operating a vehicle. These amounts are: $15,000 bodily injury coverage for one person $30,000 bodily injury coverage for a single accident $25,000 coverage for property damage So, your first choice will probably be to file a claim against their policy to cover your medical expenses,... --- - Published: 2024-06-30 - Modified: 2025-04-03 - URL: https://johnsonfirmla.com/faqs/personal-injury/personal-injury-damages-to-consider/ - FAQ Category: General Personal Injury, Personal Injury What are personal injury damages to consider? Asian men wear cloth splint on arm to treat car accident injuries. If you were injured in a car accident, you’re probably going to leave a pretty long paper trail. Hospital bills, doctor’s expenses, prescriptions, and other costs add up quickly.   But don’t worry – you may be able to have those things paid for you. The party responsible for your injury may pay it back through two types of compensation called “special damages” and “general damages. ” Keep reading to learn more about personal injury damages and how they can help you move past your injury. Was this article helpful? YesNo Special (Economic) Damages Calculable Out-of-Pocket Costs & Monetary Losses Related to the Accident “Special damages” (also known as “economic damages”) are those which are easily calculable, for which at least a partial dollar amount can be determined. They’re usually fairly easy to secure. Just make sure you hold on to all invoices, bills, and statements that you receive as a result of your treatment for injuries suffered in the accident. If you qualify for this type of personal injury damages, you may be able to recover compensation for: Cost of medical treatment (past and future) Cost of transportation Cost of hiring assistance for household tasks that the injured party can no longer perform Lost wages Loss of earning capacity Property damage Click here to learn more about special damages in Louisiana. Calculating Special Damages As discussed, special damages are generally... --- - Published: 2024-06-30 - Modified: 2025-03-20 - URL: https://johnsonfirmla.com/faqs/car-accidents/who-pays-medical-bills-in-a-car-accident-case/ - FAQ Category: Car Accidents, Personal Injury Who pays medical bills in a pending car accident case? It is not always clear who pays medical bills in a car accident. Your health insurer may cover your medical expenses, or there may be other options to cover some or all of these costs. By working with best-in-class Lake Charles car accident lawyers, you can get the help you need to pay your medical bills and pursue compensation from anyone responsible for your crash. At The Johnson Firm, we understand that justice isn't given — it's won. Our Lake Charles car accident attorneys can review your auto crash claim and help you get the compensation you deserve as quickly as possible. For more information, please get in touch with us. Who pays medical bills after a car accident? Who pays for medical bills after a car accident can change throughout a personal injury case. You may have multiple options to cover your auto accident medical expenses. These options include the following. Health insurance Your private health insurer may cover your medical bills, but you may still be required to cover your co-pays and deductibles. Personal injury protection (PIP) coverage Also referred to as no-fault insurance, you can buy PIP as part of your auto insurance policy and it'll cover your medical costs and other expenses. Medical payments coverage This type of coverage can be added to your auto insurance policy to cover your medical payments. Pre-settlement funding You can request a lawsuit loan in which you get money that... --- - Published: 2024-06-30 - Modified: 2025-03-20 - URL: https://johnsonfirmla.com/faqs/car-accidents/is-brake-checking-illegal/ - FAQ Category: Car Accidents, Personal Injury Is brake checking illegal in Louisiana? Brake checking refers to a driver who deliberately slams on their brakes to force the car behind them to either do the same or swerve. It is hazardous and can result in serious injury, property damage, or death. Usually, this is done either as an act of road rage or in a scheme to get settlement money from the victim. If you are brake-checked and an accident happens, the idea is that you will be found at fault in court for being unable to stop on time, thus causing damage to the driver in front’s car. The other driver may also attempt to demand payment upfront, pressuring you into giving them cash. This is especially troubling if you are renting or driving for your business. Whatever the reason, a Lake Charles car accident lawyer is what you need to protect from this behavior. Is brake checking illegal in Louisiana? Given the devious nature of the act, you are likely wondering, “Is it illegal to brake check? ” In Louisiana, the answer is yes. Brake checking is a dangerous, intentional act that puts everyone on the road, including the one doing it, at risk. If you have been the victim of this act, you must seek legal action as quickly as possible. A car accident lawyer will ensure the person responsible for the crash faces the full legal consequences of their reckless action. Not only have you and your property been deliberately assaulted by another... --- - Published: 2024-06-30 - Modified: 2025-03-20 - URL: https://johnsonfirmla.com/faqs/car-accidents/what-to-do-when-traffic-lights-are-out/ - FAQ Category: Car Accidents, Personal Injury What's the rule when traffic lights are out? Do you know what to do when a traffic light is out? Though you may be versed in traffic law and follow the rules carefully, there is no guarantee that everyone else on the road will do the same. Accidents can and do happen, often due to another driver's negligence. In those cases, a Lake Charles car accident lawyer will ensure you receive the proper compensation from those responsible. When the traffic light is out, treat it like a normal 4-way stop In most cases, authorities will already be aware of the light outage and directing traffic in its stead. Whether or not this is the case, you should treat the spot like a normal 4-way stop intersection. Be mindful of other drivers, only go when it is your turn, and keep at a safe speed. Worried about who to call when a traffic light is out? If nobody is directing traffic, call the authorities immediately so they can be aware. Ensure you are up to speed on traffic laws so you are not caught unaware in this situation. The last thing you want is to cause an accident, but a personal injury lawyer would still be advisable if you do. Follow right-of-way laws The most important thing is for you to follow right-of-way laws. Right-of-way means that the first vehicle to approach an intersection has the right to proceed, whether continuing straight or turning left or right. Whatever you do, do... --- - Published: 2024-06-30 - Modified: 2025-03-20 - URL: https://johnsonfirmla.com/faqs/car-accidents/who-is-responsible-in-a-car-pileup/ - FAQ Category: Car Accidents, Personal Injury Who is responsible for a car pile-up? If you have been involved in a pile-up and it is unclear who the responsible party is, you need one of our Lake Charles car accident lawyers to review your case and pursue your legal rights carefully. The Johnson Firm understands what a stressful time this may be for you, and we are prepared to walk you through the process. Can a car accident attorney investigate who is responsible for a pile-up? A car pile-up accident scene can look like a disaster zone and may seem impossible for anyone to prove who is actually at fault. An attorney can file motions to ensure all evidence is collected. Your car accident attorney will look for the following evidence when investigating the pile-up: Statements from all drivers Accident scene photos Official police report Eyewitness statements Weather conditions Photos of all damage Video footage Who is liable in a car pile-up? Possible causes of car pile-ups can include: Tailgating Rubbernecking Distracted driving Reckless driving Speeding Poor road conditions Vehicle malfunctions Driving under the influence Many pile-up accidents can result from a few of these occurring concurrently. Typically, the combination of these causes makes finding fault in chain reaction car accidents difficult. Liable parties are typically based on the size of the pile-up and the number of cars involved. Responsible parties can generally include: The driver who initiated the accident A driver not paying attention and following too closely behind Government entities responsible for maintaining roadways Who... --- - Published: 2024-06-30 - Modified: 2025-03-20 - URL: https://johnsonfirmla.com/faqs/truck-accidents/partial-fault-in-truck-accidentss/ - FAQ Category: Personal Injury, Truck Accidents What if I am partially at fault for my truck accident? Auto accidents are stressful no matter the situation, but even more so if a commercial truck is involved. In addition to causing extensive damage, truck accidents are also more complex. When determining fault in a truck accident, it’s not always as cut and dry as you might think. Even if you believe you were partially at fault for a truck accident, you may still be entitled to compensation. Working with an experienced truck accident lawyer can help determine all of the possible causes of the accident and your best path forward. Was this article helpful? YesNo What do I do after the truck accident? Your first priority after a truck accident is to check yourself and your passengers for injuries. Once you and everyone involved in the accident are safe, call the police and file an accident report. You’ll also need to exchange contact and insurance information with the other driver. It’s crucial that you avoid discussing who was at fault when speaking with the other driver, emergency responders, or other witnesses to the accident. You only know what your role was in the accident; it’s possible that there were other contributing factors that you were unaware of at the time of the accident. Seek advice from an experienced truck accident lawyer who will work to protect your rights and interests as you move forward with the claims process. They’ll ensure that you’re not assigned a higher amount of... --- - Published: 2024-06-30 - Modified: 2025-03-20 - URL: https://johnsonfirmla.com/faqs/truck-accidents/how-do-truck-accidents-investigations-work/ - FAQ Category: Personal Injury, Truck Accidents How do truck accident investigations work? Truck accident victims require substantial compensation to reach full recovery and get justice for their trauma and losses. The Johnson Firm has extensive experience conducting thorough truck accident investigations and using their findings to build strong injury cases for truck accident victims. Connect with the Lake Charles truck accident lawyers as soon as possible after your accident, and we will start an immediate investigation. What’s involved in a truck accident investigation? When investigating your truck accident, your attorneys will seek to discover the cause of the accident and identify the at-fault party. Collecting a settlement requires demonstrating liability against the negligent party, so your lawyers will also use the investigation to gather crucial evidence supporting your claim. At-fault parties can include one or more of the following parties: Truck operator Trucking company Vehicle or part manufacturer A government office, if operations under its governance (road conditions, traffic signals, street lighting) contributed to the event A third-party driver The Lake Charles truck accident attorneys at the Johnson Firm will perform various services to investigate the crash. They meet with accident reconstructionists, consult with trucking and vehicle experts, acquire data from the truck’s electronic logging device (ELD), and access available traffic or security camera footage. Your attorney can also speak with witnesses, review the vehicle and vehicle operator’s history, and explore any other potential sources of information. How is a commercial trucking accident investigation different from a typical car accident investigation? Because commercial truck drivers and... --- - Published: 2024-06-30 - Modified: 2025-03-20 - URL: https://johnsonfirmla.com/faqs/truck-accidents/what-is-the-average-settlement-for-a-semi-truck-accidents/ - FAQ Category: Personal Injury, Truck Accidents What's the average settlement for a semi-truck accident? Unfortunately, accidents happen, and they are much more dangerous when a semi-truck is involved. There are a lot of factors at play, and if you have been involved in a truck accident, you likely have the right to seek compensation. Before starting the legal process, you probably wonder, “What is the average settlement for a semi-truck accident? ” The number varies, and this number can change drastically depending on the details of your case. A qualified Lake Charles truck accident lawyer can determine the value of your claim based on the specific details of your case. Factors that can increase the value of your claim The biggest factor in deciding the settlement amount is the severity of the crash. A minor fender-bender probably will not net much. However, the amount will undoubtedly increase when injuries and severe damage are involved. It also depends on whether the truck driver or company is found to be at fault. Semi-truck accidents are more severe due to the size and weight of the vehicle involved. The important thing is to keep track of all bodily harm and property damage so that nothing is lost. Ensure you act quickly and gather evidence and proof for your lawyer to use in court. Common economic damages in truck accidents Economic damages amount to all monetary harm the accident caused you, the total sum paid. This means medical bills, property repairs, and lost wages from your job. In a truck... --- - Published: 2024-06-30 - Modified: 2025-03-20 - URL: https://johnsonfirmla.com/faqs/truck-accidents/why-are-truck-driver-hours-of-service-a-thing/ - FAQ Category: Personal Injury, Truck Accidents Why are truck driver hours of service a thing? Trucking hours of service require that a commercial driver stop driving and rest at certain defined periods. These rest periods are recorded, logged, and kept with the truck and company the driver works for. Trucking hours of service (HOS) are in place to protect everyone traveling Louisiana highways. Long hours behind the wheel can compromise a truck driver's ability to navigate safely, resulting in devastating accidents. If you were injured in a Louisiana truck accident, a Lake Charles truck accident lawyer can help determine if disregard for the trucker’s service hours contributed to the accident. What are the potential risks of failure to follow truck driver hours of service (HOS)? Trucking service hours are established by the Federal Motor Carrier Safety Administration (FMCSA), creating a national standard for commercial trucking companies and truck driver HOS rules. The trucking company must report the truck driver's HOS. The risks associated with a failure to follow HOS rules include fatigue and distracted driving. Fatigue Driving an eighteen-wheeler is difficult and requires extra attention. That attention takes energy. As a person’s energy drains, the ability to pay proper attention drains as well, and people get drowsy. Fatigue and drowsiness cause wrecks, and those wrecks can cause severe injury or kill innocent bystanders. Distracted driving Just like with fatigue, long hours behind the wheel requires attention. When a person gets tired, their attention wavers, resulting in distracted behaviors such as talking on the phone, texting, eating,... --- - Published: 2024-06-30 - Modified: 2025-03-20 - URL: https://johnsonfirmla.com/faqs/medical-malpractice/what-are-the-elements-of-informed-consent/ - FAQ Category: Medical Malpractice, Personal Injury What are the elements of informed consent? What is and is not included in informed consent Medical practitioners are legally obligated to abide by informed consent practices, educating their patients on the risks and benefits and possible alternatives to a medical intervention or procedure. Practitioners who fail to uphold the elements of informed consent may be guilty of medical malpractice. If you believe your doctor did not provide informed consent, seek help from the Lake Charles medical malpractice lawyers at The Johnson Firm. Our team will explain the elements of informed consent, review your situation, and advise you of the best way forward. Why is obtaining informed consent an obligation? The idea of informed consent recognizes that people have the right to understand their health and healthcare options fully. It also recognizes that a person has the right to know if they are taking a medical or personal risk and what is at stake. In short, this rule understands that sometimes what you don’t know can hurt you. Doctors and surgeons have years of training and knowledge that patients cannot be expected to pick up on their own. Requiring informed consent allows patients to ask questions and receive information about potential medical treatments to make an educated decision about their care. Informed consent is required whenever a patient undergoes a medical procedure, starts a new treatment, participates in a clinical trial, or authorizes any medical intervention. Ethically, informed consent demonstrates respect for the patient and their understanding of their medical... --- - Published: 2024-06-30 - Modified: 2025-03-26 - URL: https://johnsonfirmla.com/faqs/family-law/who-gets-the-dog-in-a-divorce/ - FAQ Category: Divorce, Family Law Who gets the dog in a divorce? Dogs are often viewed as family, and when it's time to part ways, many spouses struggle with the possibility of having to give up the pet they both love. If you're getting divorced in Louisiana and are concerned about the future of your furry friend, you may find comfort in learning what the law has to say. Continue reading for more information, then contact The Johnson Firm to discuss your situation with an experienced divorce lawyer. How the Louisiana family court system views pets Under Louisiana law, pets are viewed as nothing more than personal property. Instead of deciding which spouse will get "custody" as it does with children, the court includes the pet with the rest of the property that it divides under Louisiana's community property laws. "Community property" is defined as any property acquired during the marriage — it doesn't matter who paid for it or how it came into the marriage. Assets categorized as community property are divided equally between spouses when they divorce. Separate property, which includes anything acquired before the marriage, usually remains with the spouse who originally owned it. When did the dog become a part of the family? When determining who gets the dog in a divorce, the court will primarily consider whether the dog is community or separate property. To do so, the court will look at when it was brought into the parties' lives. During the marriage If the parties acquired the dog after... --- - Published: 2024-06-30 - Modified: 2025-03-20 - URL: https://johnsonfirmla.com/faqs/family-law/divorce/uncontested-divorce-in-louisiana/ - FAQ Category: Divorce, Family Law What is an uncontested divorce in Louisiana? Not every divorce involves fighting over assets or child support terms. In many cases, both spouses have agreed to part ways and are ready to move on with their lives. They are willing to work together to finalize the terms of the divorce without the intervention of the courts. Work with The Johnson Firm’s divorce attorneys in Lake Charles to proceed with an uncontested divorce. We can help you move through the process quickly and affordably. Was this article helpful? YesNo Requirements for Filing for Divorce in Louisiana Before you consider whether or not you will have a contested divorce, you will need to meet Louisiana requirements to petition for divorce. Under Louisiana law, spouses must live apart for at least 6 months if they do not have minor children under the age of 18, or at least 12 months if they do have minor children. In addition, spouses must: Be domiciled in the State of Louisiana  Serve their ex-spouse with the petition for divorce and obtain a proof of receipt to submit to the court. If a petitioning spouse is filing a fault-based divorce, then the separation requirements are waived. If you want an uncontested divorce to go as smoothly as possible, note that your spouse is much more likely to argue against a fault-based divorce than a no-fault one. When the basis of the divorce is accusatory, it can lead to less cooperation from the other side.   What is an... --- - Published: 2024-06-30 - Modified: 2025-03-26 - URL: https://johnsonfirmla.com/faqs/family-law/divorce/where-can-i-get-a-copy-of-my-divorce-decree-in-louisiana/ - FAQ Category: Divorce, Family Law Where can I get a copy of my divorce decree in Louisiana? A divorce decree (“Final Judgment of Divorce”) provides clear information about the specific terms of a divorce and helps enforce final court decisions. Obtaining a certified copy of your Decree is a simple process that does not require the assistance of an attorney. However, our Lake Charles divorce attorneys are here to help you navigate any challenges in the divorce process. Where do I get a copy of divorce papers in Louisiana? In Louisiana, getting a copy of your Final Judgment of Divorce is as simple as contacting the parish clerk’s office where your divorce was heard and requesting a copy. You will have to pay fees for a copy, particularly a certified copy, but the process is minimal. Who can request a copy of the divorce decree? In Louisiana, divorce proceedings are public record. Anyone can go to any Louisiana court clerk and get a copy of any random person’s Judgment of Divorce. You don’t have to be an “eligible individual” or pass any test. What information is in the Decree? A divorce decree, or Judgment of Divorce has very limited information. All other matters regarding custody or property are handled in separate documentation. A judgment of Divorce will include: The names of the parties and their respective attorneys The Docket Number Basic facts regarding whether a hearing was held or why one was unnecessary The granting of a divorce Who will pay court costs A request... --- - Published: 2024-06-30 - Modified: 2025-04-04 - URL: https://johnsonfirmla.com/faqs/family-law/collaborative-divorce-vs-mediation/ - FAQ Category: Divorce, Family Law collaborative-divorce-vs-mediation Both collaborative divorce and mediation are means of ending a marriage, but they differ in the process involved. A third-party mediator guides the two parties into making decisions and resolving issues together. In a collaborative divorce, both spouses agree to the division of property and other aspects of the divorce and do not need a mediator to facilitate the process. In collaborative divorce vs. mediation, it is critical to have Lake Charles divorce attorneys on both sides to protect everyone’s rights throughout the legal process. What is mediation? Mediation is a process that can help couples who have disputes over property distribution, alimony, child custody, child support, or other factors work through them with the help of a licensed mediator. The mediator does not side with one party. They work closely with each party to understand the circumstances and the reasoning behind their decisions and desires. The mediator then tries to resolve issues in some way. This may happen through negotiations or simply creating a plan that may help facilitate the equitable asset split. Divorce mediators are assigned to each matter by the court and are often local attorneys; however, they do not favor one outcome or the other. A good mediator can help spouses to agree to avoid legal action. Mediation is very effective. It helps to remove emotion from a tense situation. Mediation does not eliminate the need for legal counsel and support. That is something that you still need to ensure you have to protect your... --- ---