Personal Injury:

 

As a former insurance adjuster and insurance defense attorney in New Orleans, Louisiana, I know the tactics of insurance companies, adjusters, and their attorneys. My ability to understand both sides of litigation gives me a unique perspective and the ability to maximize your recovery.

In addition, the knowledge I obtained by defending insurers makes me particularly well suited in settlement negotiations and in court to achieve the best result for each of my clients. I am relentless in the pursuit of justice and have no problem taking on even the most difficult cases, embracing the opportunity to serve as a confident voice for victims of negligent and intentional acts.

The Law Office of Peyton B. Burkhalter is here to assist if you have been in an accident which was caused by the negligence or intentional behavior of another individual or company. Personal injury can occur in many different ways.

My office handles all types of personal injury cases which include following:

  • Auto Accidents
  • 18-Wheeler Accidents
  • Motorcycle & ATV Accidents
  • Premises Liability
  • Slip and Fall
  • Medical Malpractice
  • Nursing Home Neglect and Abuse

When you are involved in an accident you naturally have questions. The question is often posed, when I should hire a lawyer. The answer is right away. Most, if not all, insurance companies have their team of appraisers, adjusters and lawyers working to minimize your claim or obtain a quick settlement. Some insurers even send representatives to the scene of the accident.

Below is a list of Do’s and Don’ts if you are involved in an accident:

Things you SHOULD Do:
• Report the accident to the police or incident, in the case of premises liability like slip and fall to the merchant or owner. Obtain a police report or written report of the accident or incident. If this is not done, it will be your word against the other party.

• Report the accident to your insurance company as soon as you can.

• Obtain as much information from the other party involved as you can. At a minimum secure the following: their name, address, phone numbers, driver’s license and registration information, license plate number, and make, model, and year of the vehicle.

• Obtain contact information from any witnesses of the accident. Their testimony may be the difference between winning and losing the case when the cause of the accident is challenged.

• Take pictures or video of the accident scene, vehicles involved and any injuries which are apparent at the time. The photographs or video including, physical injury, like bruising, cuts, scratches or abrasions, damages to the vehicle and surrounding areas of the accident. Your cellular phone is a great tool to capture this important information.

• Start a log or journal. Information which will be important to support your case will include facts about the accident, the nature and extent of your injuries, not only physical injury but also the mental and emotional strain an accident can cause you and your loved ones.

• Call me as soon as possible so that I can help you document your case and begin the process of securing you monetary compensation for the injuries and damages you sustained.

Things you SHOULD NOT Do:
• DON’T speak or give a statement to the other party’s insurance company before consulting an attorney. Anything said in a recorded statement can be used to deny or diminish your claim.

• DON’T sign a release or any papers or agree to anything without checking with your attorney.

• DON’T delay medical evaluation or care. Many believe that stiffness or soreness may go away in time but it may also be an indication of serious injury.

Follow these helpful tips to make sure that you protect yourself and help your case. Always remember to act quickly to ensure that proper evidence is not lost or destroyed. Because Louisiana has a one (1) year statute of limitations or the time period that you have to file a claim as a result of an accident, consult an attorney to protect yourself. Hiring Peyton B. “Pete” Burkhalter is the answer for you.

I am here to help answer your questions and fight for your rights.

Criminal Law:

 

Most people believe that because you are arrested that you have been charged with a crime. This is incorrect. The arrest is merely the initial stage of the potential prosecution of a crime.

However, it is the most important stage for you. Early intervention by a lawyer can assist you with not only protecting your rights but securing witnesses, evidence and dealing with the police and district attorney.

You have rights which are protected by the Constitution of the United States and the state of Louisiana. You should know your rights and protect yourself. You should hire an attorney with experience in criminal law. I am a former city prosecutor and I have handled numerous cases from simple traffic offenses to serious felony offenses. I want to help. Below are a series of frequently asked questions.

A sample of the questions you should have following an arrest are as follows:

Should I give a statement?

You should never provide a voluntary statement to the police without consulting an attorney first. You have the right to remain silent and to the services of an attorney throughout the criminal process, even if you cannot afford to hire a lawyer.

Am I entitled to a Bond/Bail?

Most, if not all, charges allow for the setting of a bond to secure your release from jail while you are waiting to determine if the state will charge you with a crime or for your trial on the charges. Remember, judges set bonds based upon the information they have before them at the time. That is why hiring a lawyer to represent you early on in this process is so important.

What potential crimes can I be charged with?

An analysis of the potential crimes arising from a set of facts can be numerous. The early intervention of a lawyer will help narrow the scope of charges and provide you with a voice during the process.

What are the possible penalties?

The penalties for the violation of Louisiana Criminal Statutes can vary depending on the nature of the offense. Louisiana law allows for ranges of sentence based upon the nature of the crime. Your lawyer will advocate on your behalf to reduce the sentence range depending on the outcome of your defense to the charge.

What can I do to fight the charges?

The first thing to do is hire a skilled, knowledgeable attorney that has experience handling criminal cases. Next, allow the lawyer to assist you with securing evidence and witnesses on your behalf and challenge the evidence and witnesses of the state.

What are my chances of winning?

Alone, your chances of winning are greatly reduced. No one can guarantee results, with the right attorney you will have a fighting chance.

 

DWI/DUI:

You should realize that in addition to the criminal charge of DWI/DUI, your driving privileges will also be affected by your arrest. There are certain time limits within which to act to secure temporary driving privileges and to obtain information needed to challenge the suspension of your driving privileges. Do Not Delay-Call a lawyer as soon as possible. Each case is driven by the specific case and no two cases are alike.

Therefore, it is important to have legal counsel review the events which took place prior to the arrest, during the arrest, and following the arrest. You should also be aware that this charge is enhanceable meaning that each time you are arrested and convicted of DWI/DUI the penalties become more severe and can reach to the level of a felony offense with mandatory jail time. Do not be victim to the advice of just plead guilty and get it expunged. Your plea today could have serious consequences for you down the road.

Generally, defenses available to a charge of DWI/ DUI include the following: 1. the legality of the incident stop which led to arrest; 2. the legality of the questioning by police officers; 3. the legality of the search; and 4. the legality of the seizure by the police officers. Other defenses encompass the legality of the arrest, in particular, the defenses of the Miranda rights, as well as the rights under consent laws and anything relevant to the specific case.

Inquires can also be made into the accuracy of the blood test, urine test, or breath test used, as well as the maintenance of the blood test, urine test, or breath test used, and the proper administration of the blood test, urine test, or breath test used.

I am here to help answer your questions and fight for your rights.

Call Me Today At: (504)-266-2044 – Free Consultation