DSG Law Office

When Should I Seek Medical Treatment After a Car Accident?

2026-08-13T19:53:58Z

One of the biggest mistakes I see after a car accident is people waiting too long to get medical care—even when they are actually hurting. They think they will be fine. They don’t want to complain. They don’t want to make a big deal out of something that may go away tomorrow. They have children to pick up, work they cannot miss, or a long list of other people who need them. Sometimes, they simply are not sure whether what they are feeling is serious enough to get checked out. I understand all of that. But you do not need to prove that you are seriously injured before seeking medical care. If you are experiencing pain, discomfort, dizziness, headaches, limited movement, or other symptoms after an accident, those symptoms deserve your attention.

Should I Go to the Emergency Room After an Accident?

Not every car accident sends someone straight to the emergency room. Sometimes the answer is obvious. Other times, you are able to walk, your vehicle does not look badly damaged, and you feel only shaken, stiff, sore, or a little “off.” That is where people tend to second-guess themselves. Immediately after a collision, you may be focused on your passengers, the police, your car, and getting home. You may not fully register what your body is feeling yet. Some symptoms appear right away. Others may become more noticeable over the next several hours or days. Maybe your neck feels tight. Your back aches when you move. You have a headache, but you can still function. You tell yourself it is probably no big deal and you will feel better tomorrow. Maybe you will. But being able to push through the discomfort does not necessarily tell you how you will feel later. The important thing is to be honest about what you are feeling and not minimize it simply because it does not seem dramatic in the moment.

How Long Is Too Long to Wait?

There is no universal number of hours or days that applies to every person and every injury. The answer depends on what happened, what symptoms you are experiencing, and whether those symptoms are improving or worsening. But waiting while you are actually hurting creates two separate concerns. First, there is your health. An injury that is ignored may remain untreated, and you may not understand what is causing your symptoms or what care is appropriate. Second, there is the insurance claim. If there is a significant gap between the accident and your first medical visit, the insurance company may argue that you were not really injured in the accident—or that something else caused the symptoms you later reported. That argument may not fairly reflect what happened. You may have been hoping the pain would go away. You may have been unable to miss work. You may not have had transportation. You may have been caring for your children. You may have been worried about the cost. Those are real-life reasons people delay care. But the insurance company may see only the gap in the records. For this reason, you want to seek medical care as soon as you are able to do so.

What Should I Tell the Doctor?

Tell the truth. That sounds simple, but people often fall into one of two extremes after an accident. Some minimize everything. They say the pain is “not that bad.” They leave out symptoms because they do not want to complain. They fail to mention that they can no longer sleep comfortably, lift their child, sit through the workday, or perform ordinary household tasks. Others believe they need to make every symptom sound as serious as possible. Neither approach helps. Your treatment should match your actual injuries and symptoms. Be honest about:

Where you are hurting
When the symptoms began
How often you experience them
Whether they are improving or worsening
What movements make them worse
What daily activities have become difficult
Whether you experienced dizziness, headaches, confusion, numbness, weakness, or other symptoms

Do not exaggerate your symptoms. But do not minimize them either. Your medical provider needs accurate information to evaluate and treat you. The medical records created during that process may also become important evidence of what you experienced following the accident.

Do I Need to Keep Going to Treatment?

Your medical treatment should be based on the recommendations of your healthcare providers and your actual medical needs. But unexplained gaps in treatment can create questions. If you stop attending appointments while continuing to claim that you are seriously affected, the insurance company may argue that you recovered, that your symptoms were not significant, or that you failed to follow the recommended care. Again, real life is rarely that simple. People miss appointments because they cannot leave work, do not have childcare, lose transportation, cannot afford copayments, or become overwhelmed by the process. When something prevents you from continuing care, communicate with your provider. Do not simply disappear without explanation. Your care should be reasonable, appropriate, and connected to how you are actually feeling.

What If I Cannot Afford Medical Treatment?

This is one of the most common and legitimate concerns people have. They are hurting, but they are also thinking: Who is going to pay for this? Will my health insurance cover it? What happens if I have a high deductible? Can the hospital send me to collections? Should the other driver’s insurance company pay the bill now? The answers depend on the available insurance coverage and the circumstances of the accident. Health insurance, medical-payments coverage, liability insurance, uninsured or underinsured motorist coverage, and other potential sources may all need to be evaluated. This is also one of the practical reasons having an attorney can matter. An attorney does not decide what medical treatment you need. That is between you and your healthcare providers. But an attorney can help you understand how the medical bills, available insurance, records, liens, and injury claim fit together—and help prevent the financial side of the process from becoming even more confusing.

Should I Wait to See Whether the Pain Goes Away?

There is a difference between thoughtfully monitoring a minor symptom and repeatedly ignoring pain that is continuing or getting worse. You know your body. If something does not feel right after the accident, do not dismiss it merely because you are worried about appearing dramatic. And don’t let the insurance company become the reason you seek treatment—or the reason you avoid it. Get care because you need it. Follow the advice of qualified medical professionals.

The Insurance Company Will Look at the Medical Timeline

The insurance company may review when you first sought treatment, what symptoms you reported, whether you followed medical recommendations, whether there were gaps in care, and whether the records appear consistent with what you later claim. Insurance companies handle claims every day. They know what they are looking for. You are trying to recover while navigating a process you may never have experienced before. That imbalance is exactly why clarity matters. An attorney can help you understand how the medical side of your recovery connects with the insurance claim, identify information that may be missing, and help protect you from unknowingly allowing an incomplete medical history to become the insurance company’s version of the story. They understand the game. Having someone experienced in your corner helps level the playing field.

Questions About Medical Care After a Louisiana Car Accident?

If you have been injured in a car accident and are unsure how your medical treatment, bills, and insurance claim fit together, contact DSG Law Office for a free consultation. We will listen to what happened, explain the process clearly, and help you understand your options. Call [nap_phone id="LOCAL-REGULAR-NUMBER-1"] No attorney fee unless we recover compensation for you.

Should I Talk to the Insurance Company After an Accident?

2026-08-13T19:49:24Z

The insurance adjuster is not your friend. They may be friendly. They may sound concerned. They may tell you they just need a few details. But they are gathering information for the insurance company—not protecting your claim. That is an important distinction, because the conversation may feel casual when it is anything but.

The Insurance Company Is Way Ahead of You

After an accident, most people are trying to manage pain, repairs, missed work, medical appointments, and the disruption of normal life. The insurance company is doing what they do every day. They are opening a new claim, collecting statements, reviewing photographs, evaluating fault, examining medical records, and looking for information that may reduce what it has to pay. Insurance companies handle claims every day. They are not just one step ahead of you. They control the game. That does not mean every adjuster is rude, dishonest, or trying to trick you. Many are professional and perfectly pleasant. But they work for the insurance company. Their job is to investigate the claim and protect the company’s financial interests. Their job is not to protect yours.

Why Does the Adjuster Want to Talk to Me?

The adjuster may need basic information about:

When and where the accident happened
Who was involved
Which vehicles were damaged
Whether police responded
Whether you received medical treatment
Whether you missed work
How the accident occurred

Some of that information is routine. But what feels like a harmless conversation may quickly become much broader. You may be asked:

How fast were you driving?
When did you first see the other vehicle?
Were you distracted?
How are you feeling today?
Have you ever injured that part of your body before?
Are you back at work?
Can you give us a recorded statement?

The questions may sound simple. The answers may not be.

What You Say May Matter Later

Most people do not intend to give the insurance company harmful information. They are simply answering questions while they are shaken, distracted, or still trying to understand what happened. They may minimize how they feel because they do not want to complain. They may guess about a detail they do not clearly remember. They may describe only the symptoms they are experiencing that day, before other symptoms have appeared. Later, these early answers may be compared with medical records, photographs, or testimony and can be presented as inconsistencies. That is why it is important to understand who is calling, who they represent, whether the conversation is being recorded, and what obligations may apply before providing a detailed statement. Remember, the insurance company knows exactly what information they are seeking and how that information may affect the claim.

Do I Have to Give a Recorded Statement?

The honest answer is: it depends. It matters which insurance company is asking. Your own insurance policy may require you to cooperate with your insurer’s investigation. The other driver’s insurance company is in a different position—it represents its insured, not you. Either way, a recorded statement is exactly what it sounds like: the adjuster asks questions, and your answers are recorded and preserved. The problem is not that you intend to say anything untruthful. The problem is that you may be answering questions before you fully understand:

How the accident happened
What your injuries are
Whether your symptoms will worsen
Whether you missed an important fact
Whether the question is broader than it first appears

Immediately after an accident, your memory may still feel blurry. You may not know your diagnosis. You likely have not completed—or even begun—all of the medical care you may need. But once you give an answer, the insurance company may treat it as final. Later, if your memory becomes clearer or additional symptoms develop, the difference may be portrayed as an inconsistency—even when it is completely understandable. Because every policy and accident is different, speak with legal counsel before giving a recorded statement so you understand who is requesting it, whether you are required to provide it, and how your answers may affect your claim.

What About a Quick Settlement Offer?

Sometimes an insurer may make an early offer before you know the full extent of your injuries or future medical needs. That money may feel tempting, especially when bills are arriving and you have missed work. But an early settlement will likely require you to sign a release giving up your right to pursue any additional compensation from the accident. Once you accept the settlement and sign the release, the claim is generally over. You may not be able to return later and ask for more compensation if your injuries turn out to be more serious, you need additional treatment, or you experience ongoing problems you did not anticipate. An offer made quickly is not necessarily an offer made fully.

Why Having an Attorney Matters

After an accident, you are trying to recover, manage medical care, deal with missed work, repair or replace your vehicle, and make sense of a process you have likely never been through before. The insurance company is doing what it does every day. It understands the claims process, the value of the information it is gathering, the language in the policy, and the strategies used to limit what it pays. An attorney brings clarity to that process. Your attorney can explain what is happening, advise you before important decisions are made, evaluate the information and offers presented by the insurance company, and help protect you from unknowingly giving up something you may not be able to get back. An attorney can also help you navigate the practical side of the claim—understanding how your medical treatment, records, bills, health insurance, lost wages, and future needs may affect the case. That does not mean telling you what medical care to receive. It means helping make sure important information is gathered, deadlines are addressed, and the full impact of the accident is not overlooked. Your attorney understands the process, is in your corner, and is focused on protecting your interests. The insurance company already understands the game and controls the process from the beginning. Having experienced legal counsel helps level the playing field.

Questions About an Insurance Call After an Accident?

If an insurance company is requesting a statement or offering a settlement after a car accident, contact DSG Law Office before making decisions that may affect your claim. We will listen to what happened, explain the process clearly, and help you understand your options. Call [nap_phone id="LOCAL-REGULAR-NUMBER-1"] No attorney fee unless we recover compensation for you.

The First Ten Minutes After a Car Accident: What Matters—and What Can Wait

2026-08-13T19:50:23Z

What to do after a car accident in Louisiana when you are shaken, confused, and not sure what happens next. A car accident rarely feels organized. One minute, you are driving. The next, someone is asking whether you are hurt, cars are backing up behind you, your phone is ringing, and you are trying to remember what you are supposed to do. Should you move your car? Should you call 911? Are you required to talk to the other driver? Should you go to the hospital? Do you need to call your insurance company from the scene? And what do you say when everyone keeps asking, “Are you okay?” The first few minutes after an accident can matter—but you do not need to solve the entire insurance claim while standing on the side of the road. Your priorities are simpler than that: Get to safety. Check for injuries. Call the police. Take photographs if you can do so safely. And do not guess about things you do not clearly know or remember.

First, Make Sure You Are Safe

Before taking pictures, exchanging information, or worrying about insurance, look around. Are you or your passengers injured? Is anyone unconscious, bleeding, trapped, or having trouble breathing? Is there smoke, leaking fuel, broken glass, or another immediate danger? Are you standing somewhere that puts you at risk of being struck by passing traffic? Call 911 when anyone may be injured or when the scene presents an emergency. If you are physically able, move yourself to a safer location nearby. Your claim matters. But your safety matters first.

Should You Move Your Car?

This is one of the questions that causes the most confusion. People often believe they must leave their vehicles exactly where they came to rest so the police can see what happened. Sometimes, however, remaining in an active traffic lane creates another danger. If the vehicles can be moved safely and no one appears seriously injured, you may be instructed to move them out of the travel lane. Louisiana law also gives law enforcement authority to remove vehicles or other property that obstruct traffic or create a hazard on state and federal highways. (Louisiana State Legislature) But before moving the vehicles—when it is safe and physically possible—take a few photographs or a short video showing:

Where the vehicles came to rest
The position of each vehicle
The surrounding roadway
Traffic signals and signs
Lane markings
Visible debris or skid marks
The damage to both vehicles

Do not stand in moving traffic or place yourself in danger to get the perfect picture. And if your vehicle cannot be driven, turn on your hazard lights if possible, move yourself away from traffic, and wait for law enforcement or roadside assistance to direct what happens next.

Call the Police

—Even When the Damage Does Not Look Terrible

At the scene, you may feel pressure to keep things simple. The other driver may say: “It is just a scratch.” “We do not need to involve the police.” “Let’s exchange numbers and handle it ourselves.” That may sound reasonable in the moment. But vehicle damage is not always visible, physical symptoms may not have developed yet, and people’s memories of an accident can change very quickly. In Louisiana, crashes involving injury, death, or apparent property damage exceeding $500 must be reported to the appropriate local police department, sheriff’s office, or State Police station. Louisiana law also requires drivers to provide identifying and vehicle-registration information after a reportable crash. (Louisiana State Legislature) Even apart from that legal requirement, a police report helps create a record of:

Who was involved
Where and when the crash occurred
The vehicles and insurance information
Statements made at the scene
Observations by the investigating officer
Possible witnesses
Citations that may have been issued

The officer does not necessarily decide your entire civil claim at the scene. But having the accident documented is generally far better than relying solely on competing memories later.

Exchange Information—but Do Not Conduct an Investigation

Get the other driver’s:

Full name
Telephone number
Address
Driver’s license information
License plate number
Insurance company
Policy information

Take a photograph of the driver’s license and insurance card with permission rather than trusting yourself to copy everything correctly while you are upset. You should also obtain the names and contact information of any witnesses. Witnesses often leave before law enforcement arrives, and finding them later may be difficult. But this is not the time to interrogate the other driver. You do not need to argue about fault, persuade anyone to accept responsibility, or obtain a confession on the side of the road. Get the information. Let law enforcement investigate. Preserve what you can.

Do Not Say “I’m Fine” Just to Be Polite

This is one of the most natural mistakes people make after an accident. Someone asks, “Are you okay?” You say, “I’m fine.” Maybe you are trying to calm your children. Maybe you do not want an ambulance. Maybe you are embarrassed by the attention. But immediately after a crash, you may not know whether you are actually fine. Adrenaline can temporarily mask pain. Some symptoms become noticeable only after the initial shock wears off. Headaches, stiffness, dizziness, bruising, back pain, or other symptoms may appear or worsen over the following hours or days. You do not need to exaggerate. You also do not need to minimize what you are feeling. A more accurate response may be: “I’m shaken up” or “I’m not sure yet.” Be truthful about what you know—and what you do not yet know.

Do You Need to Go to the Hospital?

Not every accident requires an emergency-room visit. But some symptoms should not be brushed aside. Call for emergency medical assistance when you or someone else may have a serious injury. That includes symptoms such as loss of consciousness, confusion, severe pain, difficulty breathing, significant bleeding, weakness, numbness, or possible head, neck, or spinal injuries. For less obvious symptoms, the decision may not be as clear. You may feel sore but believe it will pass. You may not want to spend hours in an emergency room. You may be worried about the bill. You may need to get home to your children. Those are real concerns. But do not ignore symptoms simply because the accident did not look dramatic. Seek appropriate medical attention when you are hurting, and tell the provider honestly:

What happened
Where you feel pain
When the symptoms began
Whether the symptoms are worsening
What movements or activities are difficult

Your medical care should be based on your health—not on trying to build a case. Be accurate. Do not exaggerate, but do not minimize either.

What Should You Say to the Other Driver?

Be civil. Exchange the required information. Ask whether anyone needs emergency help. But avoid making statements such as:

“It was completely my fault.”
“I never saw you.”
“I’m not hurt.”
“There is barely any damage.”
“Do not worry; my insurance will pay for everything.”

You may not yet understand how the collision occurred. You may not have seen another vehicle, a traffic signal, a road condition, or something else that contributed to the accident. There is a difference between being honest and offering conclusions before you know the facts. Stick to what you actually observed.

Do You Have to Call Your Insurance Company from the Scene?

You generally do not have to handle the entire insurance process while you are standing beside the damaged vehicle. You may need to notify your own insurer promptly under your policy, particularly if you need towing, rental-car assistance, collision coverage, or other immediate help. But take a breath before giving a long, detailed account—especially before providing a recorded statement. Report that the accident occurred and obtain the claim information you need. You do not have to guess about speeds, distances, injuries, or details you cannot clearly remember. The question of how to handle conversations with your insurer or the other driver’s insurance company deserves its own discussion. The important point at the scene is this: You can cooperate without speculating.

What If Your Memory Feels Blurry?

That is not unusual. A collision happens quickly. You may remember the impact but not the seconds immediately before it. You may have difficulty recalling which direction another vehicle came from, how fast it appeared to be moving, or the exact sequence of events. Do not fill in the blanks because you feel pressured to provide an answer. Say: “I do not remember.” “I’m not sure.” “It happened very quickly.” “I need a moment before I can answer that accurately.” Those are honest answers. A guess made during a stressful moment can later be repeated as though it were a fact.

Do Not Post the Accident Online

It may feel natural to post a picture of the damaged car or tell friends that you are okay. Resist the urge. Do not discuss the accident, your injuries, the other driver, or your insurance claim on social media. Even an innocent update can later be taken out of context. Preserve your pictures for yourself. You do not need to publish them.

Before You Leave the Scene

When possible, make sure you have:

Called for emergency help when needed
Reported the accident to law enforcement
Photographed the scene and vehicles
Obtained the other driver’s information
Collected witness contact information
Identified the investigating agency
Obtained the officer’s name or report number
Arranged for safe transportation or towing
Removed your personal belongings from the vehicle

If your car is being towed, find out exactly where it is going. Take valuables, medications, work materials, child-safety items, garage-door openers, and anything else you may need.

You Do Not Have to Figure Out Everything at the Scene

The first ten minutes after an accident are not the time to determine who will pay every bill, whether you have a lawsuit, or how much the case may be worth. You are likely shaken. Things may feel blurred and confusing. That is normal. Focus on what matters now:

Safety. Injuries. Police documentation. Photographs. Information. Honesty.

You can deal with the insurance company after you have had a chance to breathe, understand what happened, and determine how you are feeling. Insurance companies handle claims every day. Most people do not. Knowing what matters in those first few minutes can help level the playing field. And hopefully, this is information you will never need.

Injured in a Car Accident in Southeast Louisiana?

If you have questions after a car accident, contact De St. Germain Law Office for a free consultation. We will listen to what happened, explain the process clearly, and help you understand your options before you make decisions that may affect your claim. Call (985) 718-4550 No attorney fee unless we recover compensation for you.

The Likes Aren’t Worth the Risk—Keep Your Accident Off Social Media

2026-08-13T19:51:05Z

Your social media can become the insurance company’s favorite piece of evidence—and most of the time, you handed it to them for free. After an accident, posting an update may feel completely harmless. You may share a picture of the damaged car, check in from the emergency room, or quickly tell everyone, “I’m okay,” because you do not want your family and friends to worry. But a casual post made in the first few minutes or days after an accident can take on a very different meaning when an insurance company reviews it later. And there is another mistake people make after realizing they may have posted too much: they start deleting. That can create an entirely new problem. The safest rule is simple: keep your accident, injuries, treatment, and recovery off social media. And do not start cleaning up your page without first getting legal advice.

“I’m Okay” May Not Mean What You Think It Means

Most people who post “I’m okay” are not making a medical statement. They mean:

I am alive.
I made it home.
Please do not panic.
It could have been worse.
I do not want everyone calling my mother.

But the insurance company may try to take those two words literally. You may still be in shock. Adrenaline may be masking your pain. You may have no idea how stiff or sore you will feel the next morning—or whether your symptoms will become more serious over the following days. You were simply trying to reassure the people who care about you. Later, however, someone may point to that post and argue that you said you were fine. That does not mean the post tells the whole story. It means you may now have to explain words you never intended to use as evidence.

Pictures Do Not Always Tell the Whole Story

You may post one picture of the damaged vehicle from the angle where you happened to be standing. That picture may not show:

Damage on the other side of the vehicle
Damage underneath the vehicle
The position of the vehicles before they were moved
Debris or skid marks on the roadway
What the inside of the vehicle looked like
The force your body experienced during the impact

A single photograph is only one moment from one angle. But once it is posted, the insurance company may try to use it as though it captures the entire accident. Preserve your photographs, videos, and other evidence—but do not assume that posting them publicly will help your claim.

Even a Normal Day Can Be Taken Out of Context

The risk does not end with posts about the accident. You may post a picture at dinner, a quick video from the beach, or a check-in somewhere, and to you, it is just a normal moment. Maybe you had already planned the outing. Maybe you attended for only 20 minutes. Maybe you smiled for one photograph and spent the rest of the evening uncomfortable. Maybe you were trying to give your children a normal day even though you were hurting. The picture does not show any of that. The insurance company may look at the same post and say:

“She does not look injured.”
“He is clearly active.”
“This does not match what they are claiming.”
“They say they are in pain, but they are out having fun.”

Social media shows isolated moments—not necessarily the full reality of your recovery. Unfortunately, a picture can still be used to create an impression that is difficult to undo.

Privacy Settings May Not Protect You

Changing your account to “private” does not necessarily make everything on it untouchable. Posts, photographs, comments, messages, activity history, and other account information may become relevant to a disputed injury claim. Something does not automatically become protected from disclosure simply because it was shared only with friends or followers. You should also assume that anything you post can be saved, copied, forwarded, or screenshotted. Once you put something online, you lose control over where it goes and who may eventually see it.

Do Not Ask Friends to Post for You

Keeping the accident off your own page is not enough if your friends and family are posting pictures of you, tagging you, checking you into locations, or discussing your injuries in the comments. You do not need to make a dramatic public announcement. Simply ask the people closest to you not to post about:

The accident
Your injuries
Your medical treatment
Your physical activities
Your travel
Your claim or lawsuit

They may be trying to support you, defend you, or show that you are doing better. But those posts can create the same problems as something you posted yourself.

Realize You Posted Too Much? Do Not Start Deleting

This is the part many people do not know. Once an accident has happened and a claim or lawsuit is reasonably anticipated, social-media content may need to be preserved. Deleting posts, photographs, comments, or accounts can create questions about why the information disappeared. And sometimes, the attempt to remove something becomes a bigger issue than the original post. Do not panic. Do not begin deleting, editing, hiding, or deactivating everything on your own. Instead, preserve what is there and speak with an attorney about how to handle it properly.

What Should You Do with Social Media After an Accident?

You do not have to disappear from the internet forever. You do, however, need to be thoughtful. While your claim is pending:

Do not post about the accident.
Do not discuss who was at fault.
Do not post updates about your injuries or treatment.
Do not share pictures of the damaged vehicles.
Do not post activities that could be misunderstood.
Ask friends and family not to tag or post about you.
Review new tags before allowing them to appear on your page.
Do not accept unfamiliar friend or follow requests.
Do not delete existing content without legal advice.

Most importantly, never post anything that is inaccurate or misleading. The goal is not to hide the truth. It is to keep an incomplete social-media snapshot from being presented as the whole truth.

Are You Allowed to Use Social Media During a Personal Injury Claim?

Generally, having an injury claim does not mean you are prohibited from living your life or using social media. But every post creates a record. Before posting, ask yourself: Would I be comfortable having this picture, caption, comment, or video displayed on a large screen in a courtroom without any explanation from me? If the answer is no—or even maybe—do not post it.

The Bottom Line

Insurance companies handle claims every day. Most people do not. Knowing how seemingly innocent posts may be viewed is one way to help level the playing field. After an accident, you may be tempted to update everyone, explain what happened, or show that you are trying to remain positive. Resist that urge. Document the accident. Preserve your evidence. Be honest about your injuries and recovery. But keep it off social media. The likes simply are not worth the risk.

Speak With a Southeast Louisiana Personal Injury Attorney

If you have been injured in an accident and have questions about protecting your claim, contact DSG Law Office for a free consultation. We will listen to what happened, explain your legal options, and help you understand the best path forward. Call [nap_phone id="LOCAL-REGULAR-NUMBER-1"] No attorney fee unless we recover compensation for you.

Louisiana Divorce Adultery

2023-10-12T21:47:30Z

Louisiana recognizes no-fault divorce, but one may obtain a fault-based divorce if the other spouse committed adultery. What does that mean? And should you file a divorce based on adultery if you caught your spouse cheating? If a spouse is found to be "at fault" for the break-up of the marriage, then he or she would be barred from seeking final spousal support. Moreover, the length of time in which the cheating spouse could be awarded interim spousal support would be significantly reduced as the marriage would terminate immediately (rather than pend for 365 days (if you have children) or 180 days (if you do not)). Your case should be evaluated in light of the legal ramifications in relation to spousal support and how it applies to your case. If you are the spouse 'in need' of spousal support, choosing to procedurally terminate the marriage earlier than necessary may not be in your best interest. Moreover, if there has already been a period of separation and the time limits have almost expired, the additional financial and emotional expense of a fault trial may not be worth adjudicating the claim. A finding of fault based on adultery may or may not affect custody. In Louisiana, "the moral fitness of each party, insofar as it affects the welfare of the child" is one of 14 factors the Court will consider in determining what custody arrangement is in the best interest of the child. And last, proving adultery does not have an effect on how community property is divided. If you caught your spouse cheating and want to file for divorce, contact the experienced attorneys at [nap_names id="FIRM-NAME-1"] to ensure that you have the requisite proof necessary to prevail on such claim should it be in your best legal interest to go that route (985) 649-6390

Divorce and Stress

2019-12-27T07:15:10Z

Divorce can be stressful. But it doesn't have to be. I know, I know... your ex is a jerk... I get it. But you have the power to turn it off. You do! Wouldn't that be awesome? To turn a valve on all the stress. To not care. To be bothered less?

Easier said than done.

But what are you doing about it?

Are you focused on your ex and their bad behavior? Are you distracted? Reactive?

You have the power to shift.

New year, new you. Who's with me?

Custody and the Holidays

2019-11-27T17:26:18Z

The holidays can be overwhelming. Adding a custody or visitation conflict can make the holidays unbearable.

Here are three (3) tips to help you manage your side of the deal (as you cannot manage the other parent!)

(1) Know the holiday schedule.

The holiday visitation schedule takes precedence over the regular schedule. One parent may get two weekends in a row or time may not be equally divided. If the schedule does not comport with your family plans, notify the other parent and ask to work out alternative arrangement.

(2) Be flexible.

Do not get caught up in the "me, me, me" of the holidays. Your child or children have two holidays... and the better you are at accommodating their schedule the better off they will be. Put yourself in your child's shoes. Do not cause them to dread this time of year. Relax. Be gracious. Be flexible.

(3) Stress less.

Try to not sweat the small stuff. Often times after a divorce, new traditions will develop so both parents can celebrate a part of each holiday with their children. Be creative and think outside of the box. The Thanksgiving holiday can be more than just turkey on Thursday. If it isn't "your year" use the holiday time you are awarded to create new traditions on the days that you do have.

The best gift you can give your children over the holidays is to allow them to enjoy their time with both parents/sides of the family with as little stress as possible. They cannot be in two places in one time and can feel the stress and tension between you and the other parent. They inevitably feel caught in the middle and may feel that the cause of your stress and angst is their fault.

Use any free time you may have over the holidays to relax and refocus on yourself. Once you recharge, you will have the ability to face your new set of circumstances with a renewed strength which will allow you to again find joy and peace over the holidays and beyond.

Child Support in Louisiana

2021-04-05T10:50:17Z

Child Support To determine how much child support one parent owes the other, Louisiana uses Guidelines for Determination of Child Support, which can be found in La. R.S. 9:315 et seq. Why do I have to pay support? The premise of the guidelines is that child support is a continuous obligation of both parents and children are entitled to share in the current income of both parents, and not be the economic victims of divorce or out-of-wedlock birth. The Guidelines are based on an "Income Shares Model" and attempts to simulate the percentage of parental net income that is spent on children in intact families. How much will child support be? There are online calculators that can give you a general idea of what an estimated payment would be; however, it is important that you be apprised of all of your rights and responsibilities by an experienced attorney, especially where one parties' income is varied by overtime, commission, or other customary pay structures. There are also other allowable expenses that can be included in the calculation such as: i. Net Child Care Costs, ii. Premiums for health insurance, iii. Extraordinary medical expenses, iv. Expenses of tuition, registration, books, and supply fees required for attending a special or private elementary or secondary school to meet the needs of the child, v. Expenses for transportation of the child from one party to the other; and, vi. Special expenses incurred for child rearing intended to enhance the health, athletic, social, or cultural development of a child, including but not limited to camp, music or art lessons, travel, and school sponsored extracurricular activities. Reasonable child care expenses incurred by either parent while receiving job training or education necessary to obtain employment or enhance earning potential may be added to the basic child support obligation unless such expenses unreasonably burden the parent paying child support. If you have questions regarding the amount of child support you are paying or receiving, contact an experienced attorney at DSG Law Office @ (985) 649-6390.

Spousal Support in Louisiana

2020-11-09T05:53:10Z

There are two types of Spousal Support recognized in Louisiana. (1) Interim Spousal Support; and, (2) Permanent Spousal Support (which does not necessarily mean forever). (1) Interim Spousal Support ("ISS") may be requested by a spouse during the pendency of divorce proceedings and is based on: i. The needs of the requesting party; and, ii. The ability of the other party to pay. An award of ISS terminates one hundred eighty (180) days from the rendition of a judgment of divorce (and may be extended for good cause shown). In determining the award, the Court will consider the net income of both parties, including any child support obligation, and will consider the standard of living of the parties during the marriage. (2) Permanent Spousal Support ("PSS"). PSS does not necessarily mean forever but it is spousal support that is awarded past the period that interim allows. In order to receive this type of support, the asking party must be "free from fault." Additionally, the Court will consider other factors that are not considered when making interim awards. These factors include: (1) The income and means of the parties, including the liquidity of such means. (2) The financial obligations of the parties, including any interim allowance or final child support obligation. (3) The earning capacity of the parties. (4) The effect of custody of children upon a party's earning capacity. (5) The time necessary for the claimant to acquire appropriate education, training, or employment. (6) The health and age of the parties. (7) The duration of the marriage. (8) Tax consequences. (9) The existence, effect, and duration of any act of domestic abuse. An award of ISS or PSS may be modified if the circumstances of either party materially change and shall be terminated if it has become unnecessary. To learn more information regarding spousal support, contact an experienced attorney at DSG Law Office today, at (985) 718-4550, or bcoy email to schedule a free initial consultation.

Choosing An Executor Of Your Will

2023-06-03T12:36:58Z

What is an executor and how to I choose one?

An executor is a person appointed by a testator to carry out the terms of their will.

Anyone aged 18 or above can be an executor. Many people choose their spouse or adult children. The executor can also be a beneficiary.

So how do I choose one?

Above all else, you want to choose someone who is responsible. Your executor will carry out your wishes and will likely have to perform tasks such as managing and selling property, paying creditors, distributing your assets to others, and possibly bringing lawsuits.

Consider the age of your desired executor as this person should be expected to naturally outlive you.

Avoid prohibited persons. Louisiana does not allow the appointment of non-U.S. citizens living outside of the U.S. or convicted felons.

You may also appoint more than one executor who would act as co-executors. This scenario usually takes place if you know two people who have skills and personalities that make them both good candidates for the role together.

By law, your executor will receive 2.5% of your estate as compensation; however you may choose to leave them more.

Last, you may want to get the approval of your desired executor before naming him or her in your will. You can inform this person where you keep all of your important documents and financial information and discuss your future wishes.

If you are interested in drafting a will or you have been named an executor of a will and would like more information, contact an experienced attorney at DSG Law Office today, at (985) 718-4550, or by email to schedule a free initial consultation.