I am very proud to announce that my former assistant, Carla, graduated from LSU law school in May and is preparing to take the bar.  She has accepted a position at the Baton Rouge law firm of Jones, Walker as a first year associate.  Please join me in congratulating Carla when you see her. 

As for Carmen, since returning to LSU last year she has kept up a full time job with me while making a straight 4.0 grade point average.  Carmen expects to graduate from LSU next August and immediately enter LSU law school. 

Please congratulate Carmen as well the next time you see her.  She is an exceptional woman and I am going to be hard pressed to replace her when she leaves. 

As many of you know, a good part of my practice is personal injury plaintiff’s work.  So many of my clients don’t look at their insurance policy until they get into an accident, and often, it is then too late.  Then, and only then, do they realize that their coverage is inadequate to cover any injuries they might suffer? 

First, Louisiana law requires the insurance company to offer you uninsured motorist insurance.  This is a separate pool of money to supplement the insurance policy of anyone who is liable for an accident (“at fault”) if their coverage is not enough to cover your damages.  If you have liability, then you have UM.  You have to tell your insurance company that you do not want it.  

Everyone is required to have $10,000/$10,000/$20,000 (liability per person injured/property damage/total liability per accident) liability insurance but some drive without insurance and many carry the bare minimum. 

Believe me, if you are in an accident that is not your fault, and you are injured, the $10,000 liability insurance the “at fault” driver has will not usually coverage your expenses, especially if you miss work.  You can’t rely on him to be adequately covered. 

In addition, if you have medical insurance that pays for your medical bills, they will want to get reimbursed from any settlement you get from the driver at fault through a legal term called Subrogation.  It says that if somebody injures you and you recover a settlement or judgment from them, then we have the right to get reimbursed from him for the medical bills that we paid because of his negligence.  They will file a lien against your lawsuit and get paid before you do. 

You need adequate uninsured motorist coverage. 

Last year, one of my clients was injured in a collision by a driver who had the minimum coverage.  He had serious injuries that required surgery.  Unfortunately, my client had waived his uninsured/underinsured motorist coverage and he had to settle for about 1/15^th of what he should have recovered. 

Call your insurance agent this week and make sure you have UM/BI, which means uninsured motorist/ bodily injury.  You’ll be glad you did.

Our friend and investigator, Chuck Hustmyre is now writing for 225 magazine.  Chuck is an accomplished writer, having written The House of the Rising Sun, Killer with a Badge, as well as several magazine and newspaper articles.  Chuck will have a new book out hopefully by Christmas involving a murder and the subsequent investigation in the Felicianas. 

Chuck is a fearless and hard-hitting journalist and will likely ruffle feathers wherever there is incompetence or corruption in government, just the way we love it. 

Chuck has a new article coming out in the coming months.  He will be reporting on the Gladiators Academy, a mixed martial arts fighting gym in Baton Rouge which we also represent.  Fighters from the Gladiators Academy are competing all over South Louisiana before sellout crowds. 

Many think that mixed martial arts is going to supplant boxing as the premier combat sport in America.  Make sure you catch his September article in 225.

LRS 14:62.5-LOOTING:  Whoever commits the act of looting during the existence of a state emergency, which has been declared pursuant to law by the governor or the chief executive officer of the Parish, when the defendant knew or should have known of such State of emergency, shall be fined not less than five thousand nor more than ten thousand dollars and shall be imprisoned at hard labor for not less than three years nor more than fifteen years without benefit of probation, parole or suspension of sentence.  

SUMMARY:  Looters during a hurricane are going to prison for at least three years.

LRS 14:19-USE OF FORCE OR VIOLENCE IN DEFENSE:  The use of force or violence upon the person of another is justifiable, when committed for the purpose of preventing a forcible offense against the person or a forcible offense or trespass against the property in a person’s lawful possession; provided the force or violence used must be reasonable and apparently necessary to prevent such offense, and that this article shall not apply where the force or violence results in a homicide.

SUMMARY:  Do not shoot a looter who is stealing your property.  If you do, you might be charged with a homicide for using excessive force.  What are your options?

La. C.Cr.P. Art.  214-CITIZEN’S ARREST:  A private person may make an arrest when the person arrested has committed a felony, whether in or out of his presence.

SUMMARY:  The law allows a private person to arrest another person, but he has to have committed a serious crime, not just trespassing or misdemeanor theft or the like.  The types of Felonies during a hurricane could include Looting, Burglary, Carjacking, Attempted Murder, Arson, Rape, and most other crimes of violence other than a simple assault or battery.  We do not suggest you start arresting people, but in a disaster area, you may have to detain someone until proper authorities can take over.  Just beware that you don’t want to wrongly detain someone and face false imprisonment charges.