What Is Wrongful Death?

Some of the worst accidents in our state could have been prevented. In 2018, for example, there were more than 700 fatal car crashes in Louisiana. More than 40 percent of these accidents involved alcohol.

If you’ve lost a loved one in an accident or following an injury, you may have questions about how to recover financially.

At Cox, Cox, Filo, Camel & Wilson, we’re here to answer your questions and help you understand Louisiana laws about wrongful death.  Continue reading “What Is Wrongful Death?”

Whiplash: What You Need To Know

In rear-impact car accidents, scorched tires and dented fenders are often not the only damage.

Each year, approximately 800,000 individuals sustain a whiplash injury, according to the National Highway Traffic Safety Administration.

Below, the experienced car accident attorneys at Cox, Cox, Filo, Camel & Wilson share their experience and explain what to do if you or a loved one suffers whiplash. Continue reading “Whiplash: What You Need To Know”

When Do You Need A Car Accident Lawyer

At Cox, Cox, Filo, Camel, & Wilson, we offer experience at every stage of the claims process, which includes helping victims decide whether to hire a lawyer in the first place.

If you’ve been in an accident and you’re trying to determine if you need a car accident lawyer, consider the following information before making your decision. Continue reading “When Do You Need A Car Accident Lawyer”

Louisiana Distracted Driving Laws Explained

This year, House Bill 619, which would have prohibited the use of all wireless telecommunication devices in moving vehicles, unless the driver uses hands-free technology, made its way to the Senate in May but fizzled out by mid-November.

“Currently our state is 49th in the U.S. for the most distracted drivers,” Rep. Mike Huval said in a local report. “We’re the seventh highest for traffic fatalities in the United States.”

Below, the injury lawyers at Cox, Cox, Filo, Camel & Wilson explain Louisiana’s current distracted driving laws and why the House-backed proposal didn’t pass.

Louisiana’s Distracted Driving Laws

Distracted driving is any activity that takes a driver’s attention away from the road.

Although distractions are apparent in a variety of driving behaviors like eating, personal grooming, tuning the radio, etc., cell phone use tops the list in our state.

In an effort to reduce crashes, cell phone laws were passed in 2008. Specifically, the laws prohibit the use of wireless telecommunication devices for text messaging while operating a vehicle.

Our laws also restrict young and inexperienced drivers: drivers less than 18 years old or in their first year of licensure are prohibited from using any wireless communication device while driving. These laws also apply to adults with a learner’s permit or intermediate license.

Furthermore, school zone laws prohibit all drivers from using any wireless device when driving through a school zone.

While these laws may seem ordinary, clarification is required to establish what’s meant by text-based communication.

For example, Louisiana’s current text ban extends to posting or communicating on social networks like Facebook and Twitter. However, it does not include manually dialing a phone number to call a friend or taking selfies.

This has made it challenging for law enforcement to enforce distracted driving laws effectively.

House Bill 619 would have closed this loophole by making it illegal to hold a cell phone in one or both hands while driving.

Why Did House Bill 619 Fail?

According to the Louisiana Office of Motor Vehicles, the number one driver distraction involved in most crashes is cell phone use; specifically, texting, and especially among teen drivers.

However, critics of House Bill 619 say there’s a clear distinction between holding a phone to one’s ear and responding to an email via text.

Some suggested Louisiana should change the penalty from a non-moving violation to a moving violation, which could potentially increase a driver’s insurance premiums.

Others argue the new legislation adversely affects the poor, “who don’t have newer cars with Bluetooth capability, more advanced smartphones, or money for headsets.”

It’s difficult to find consensus on the primary issue: do hands-free cell phone laws decrease crash statistics? Early studies suggested they do not, but many proponents of hands-free cell phone laws believe it’s the first step in the right direction.

According to the National Highway Traffic Safety Administration, “We know that high-visibility campaigns and enforcement, like Click It or Ticket and Drunk Driving. Over The Limit. Under Arrest has had a positive influence on driver behavior. That’s why seat belt use is at an all-time high of 84 percent and drunk driving is declining.”

More than a dozen states have implemented bans similar to House Bill 619, but inaction from the Louisiana Senate killed the proposal in November.

Get updates about important issues! ‘Like’ Cox, Cox, Filo, Camel & Wilson on Facebook for local safety information and more.

Louisiana Statutes of Limitations Explained

If you’ve been injured or suffered a loss because of someone’s careless behavior or negligence, understanding Louisiana’s statutes of limitations can be critical to your claim.

Statutes of limitations address an important component of civil and criminal proceedings: the effects of time. Specifically, how much time can pass before reliable evidence may become compromised.

Below, the attorneys at Cox, Cox, Filo, Camel & Wilson discuss Louisiana’s statutes of limitations in more detail. Continue reading “Louisiana Statutes of Limitations Explained”

Do I Have a Case?

Accidents are unexpected, unfortunate incidents that sometimes result in damage or injury. But what you do after an accident shouldn’t be left to chance or circumstance.

If you’ve been injured, the first step toward recovery is determining if you have a case. This step-by-step guide can help you weigh your options.

Below, the attorneys at Cox, Cox, Filo, Camel & Wilson explain what makes a viable personal injury case. Continue reading “Do I Have a Case?”

When Do Defective Products Get Recalled?

Defective products and recalls are not synonymous terms: the former is often the result of an absent or ineffective recall; the latter is a process initiated by a manufacturer when a product poses a public safety risk.

Below, the personal injury lawyers from Cox, Cox, Filo, Camel & Wilson explore the differences between product recalls and defective products, how to avoid dangerous products, and what to do if a defective product causes injury. Continue reading “When Do Defective Products Get Recalled?”

SSD Denial: What You Need To Know

frustrated-woman-paperwork

Social Security Disability Insurance, or SSD, is a government-funded program managed by the Social Security Administration (SSA).

The program is funded by payroll tax contributions; it covers every employee paying into social security.

However, just because you’ve been injured doesn’t automatically mean you’ll get SSD benefits.

In fact, the majority of Louisiana’s SSD applicants are denied benefits during the application process—approximately 65 percent of initial claims are denied.

Rejected claims are typically the result of missing records, improper filing, or lack of legal advocacy.

If your Social Security Disability (SSD) benefits have been denied, don’t panic. Below, the social security disability lawyers at Cox, Cox, Filo, Camel & Wilson explain Louisiana’s SSD appeals process.   Continue reading “SSD Denial: What You Need To Know”

The Cost Of Offshore Injuries

According to the Centers for Disease Control and Prevention (CDC), onshore and offshore oil and gas extraction industries have a collective fatality rate seven times higher than all other U.S. workers.

Texas, Oklahoma, and Louisiana are overrepresented by oil and gas extraction fatalities; however, the public rarely hears about these accidents unless a significant disaster occurs.

Below, the maritime injury lawyers at Cox, Cox, Filo, Camel & Wilson discuss how these devastating accidents impact families and our community. Continue reading “The Cost Of Offshore Injuries”