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Frequently Asked Questions

Macaluso Law, LLC, Louisiana Injury & Probate Attorneys

Auto Accident FAQ – What Louisiana Drivers Need to Know After a Crash

  1. Remain at the Scene
  2. Check Everyone Involved
  3. Assess Property Damage
  4. Speak to Witnesses
  5. Call the Police
  6. Exchange Information
  7. Consult with an Attorney
Your attorney will assist you with obtaining all information necessary for the proper handling of your case. This information includes, but is not necessarily limited to: the police report, medical records, paystubs, photographs, and other relevant evidence to your case.
One year from the date of your accident.

In order to maximize your potential recovery, generally the earlier you speak to an attorney the better off you will be.

If you carry uninsured motorist (“UM”) coverage on your insurance policy, you can make a claim against that policy for recovery of damages.

While each case is different, typically an individual who is not at fault in an accident is entitled to recover both special damages and general damages. Special damages are damages that can be quantified, such as: medical bills, lost wages, and other costs incurred as a result of the accident. General damages are not quantifiable, but include your pain and suffering, loss of enjoyment and consortium, etc.

Yes. In fact, auto-accidents can aggravate pre-existing injuries that can debilitate you even further and require additional medical treatment to get you back on your feet! Therefore, it is always a good idea to contact an experienced attorney if you’ve been involved in an auto-accident.

If you carry uninsured motorist (“UM”) coverage on your insurance policy, you can make a claim against that policy for recovery of any damages that exceed the at-fault driver’s insurance limits.

You still may be entitled to recovery of damages.  While each case is different, it is best to contact a qualified attorney for a free evaluation to determine if you may have a claim.

Call 911 immediately to report the hit and run and request medical treatment if anyone is injured. Do not panic and remain at the scene until police arrive. Once you have been permitted to leave the scene and/or have sought medical attention, it is best to consult with an experienced attorney as soon as possible.  Doing so will help maximize your recovery if you have suffered damages as a result of the crash.

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Family Law FAQ – Answers to Common Questions for Louisiana Families

Why do I need a family law attorney?

Family legal conflicts can be very emotional and difficult so a family law attorney can be an objective advocate who can not only counsel but provide sound advice. From making decisions about assets, alimony or child support, a family law attorney can be very beneficial to help ensure that these proceedings go according to plan and needs. A family law attorney can make sure your rights are protected and you get everything you are entitled to.
Anyone who has been a resident of Louisiana for at least one year can file for divorce. Residents of Louisiana can file for divorce even if they are living outside the state, as long as they maintained their residency. The “Petition for Divorce” (legal paperwork requesting a divorce) must be filed in the parish where either spouse resides or where the couple last lived together.
A contested divorce in Louisiana refers to a divorce where there are lingering issues that the couple is not able to agree on for whatever reason. This includes matters such as: child custody, spousal support, community property partition and other ancillary matters.
Uncontested divorces are usually between parties without children and community property who just want a clean split. They usually agree to all issues and just want to file the paperwork and begin the process.
The State of Louisiana requires divorcing spouses to live separately for 180 days if there are no children from the marriage. If the couple has children, they must live apart for at least one year before a divorce will be granted.
No. Louisiana allows couples to divorce based on the fact that they are living separate and apart. Although this is different from the classic no-fault ground of “irreconcilable differences,” it does allow spouses to end their marriage without being forced to make nasty allegations against the other in court.
Child custody disputes in Louisiana are governed by the Louisiana Civil Code, which requires that the primary consideration in child custody disputes is always the best interest of the child. Louisiana law provides that, where the parents have agreed on a child custody arrangement, the court is to honor that arrangement unless it finds that enforcing the child custody agreement of the parents would not serve the best interest of the child involved. If the parents have not reached an agreement about child custody, Louisiana directs courts to award joint custody of the child to both parents unless the court finds by clear and convincing evidence that awarding sole custody of the child to one parent would serve the child’s best interest.

In Louisiana, the state requires parents to support a child’s financial, emotional, and medical needs. This means that both parents remain responsible for expenses involved in raising a child. Generally, however, the non-custodial parent – the parent who spends less than half time with the child (or children) – actually pays support. The custodial parent – the parent who has the most time with the child – remains responsible for child support too, but the law assumes that this parent spends the required amount directly on the child.

The amount of a child support payment depends mostly on the number of children, the income of both parents, and the custody arrangement. Payments may be less for parents with shared or split-custody arrangements or where the paying parent has a disability that limits earning capacity. Likewise, there are circumstances where a court will either increase or decrease the amount of support if it is in the child’s best interest or if a payment would be particularly unfair to the parent.

Once a child support order is in place, you can still ask the court to modify it at any time. A change is justified when there has been a material change in circumstances that results in a 25% increase or decrease in the amount of child support you currently pay or receive. Common material changes in circumstance occur when a parent loses a job, suffers a permanent disability, or has a new child. On the other hand, if you have a child support order that does not include a child’s medical care, then you can also ask the court to change your order to include this amount, without having to show a change in circumstance.

Louisiana family law courts may grant alimony when one spouse needs financial support during or after a divorce. Alimony is designed to help the receiving spouse maintain the same standard of living after a divorce that the couple enjoyed while they were married. Even when the court makes an award for alimony, the expectation is that the recipient spouse will become self-supporting within a reasonable amount of time.

In Louisiana, fault plays a big part in alimony decisions. Before the court decides the amount of alimony payments, it must first establish that the spouse requesting alimony is not at fault for the breakdown of the marriage–a spouse who is at fault may not receive alimony. The term “fault” may include actions such as adultery, abuse, and abandonment.

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Still Have Questions? Let’s Talk.

At Macaluso Law, LLC, we know that every case is unique and no online FAQ can replace a real conversation. If you or a loved one has been injured, or if you’re navigating a legal issue like probate or workers’ compensation, we’re here to guide you.

Call us today to schedule a consultation.

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