Scott | Vicknair - December 2024

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OVERRULED

New Orleans Covington Injury & Estate Lawyers

December 2024

(504) 384-7978

www.ScottVicknair.com

FACING THE FACTS Examining the High Cost of Car Insurance in Louisiana

This is likely not a surprise for my readers, but Louisiana has some of the highest car insurance premiums in the country. In fact, according to the State Insurance Report, Louisiana has the second-highest annual premium at $2,546. That is just $14 shy of Florida’s average annual premium — the highest in the country. Our state’s lawmakers and politicians would like you to believe the high cost of car insurance is due to personal injury lawyers suing on behalf of their clients. In 2020, the Louisiana Association of Business and Industry (LABI) campaigned for tort reform — in other words, to reduce the ability of those injured in car accidents to sue for damages — resulting in the Civil Justice Reform Act of 2020. The LABI lobbyists claimed this reform bill would cause car insurance rates to decrease by as much as 25%. Instead, car insurance premiums continued to increase each year. Now, having failed to learn from their mistakes, our state’s politicians are once again suggesting further tort reforms. However, rather than limiting our ability to protect ourselves financially in the event of a car accident, we should instead be addressing the true causes of our rampant car insurance premiums. Uninsured, Underinsured, and Just Plain Bad Motorists Part of the reason our car insurance premiums are so high in Louisiana can be explained by the high rate of uninsured motorists in our state. In Louisiana, just over 10% of drivers are uninsured. The cost of their reckless and illegal behavior is then passed on to legitimate policyholders. The high rate of car insurance itself actually compounds the issue further. Although most drivers have car insurance, many only purchase the minimum coverage required. This will hardly cover the costs of a car accident, let alone any associated medical costs that may come as a result of their injuries. To top it all off, we have a litany of poor drivers. Anyone who has ever driven on the interstate in the New Orleans area can attest to the number of accidents and bad drivers we have in our state. According to the most recently released fatality statistics by the Insurance Institute for Highway Safety, there were over 42,000 deaths from car crashes in the U.S. in 2022. That corresponds to 12.8 deaths per 100,000 people, on average. That figure is 19.7 in Louisiana. While the number of personal injury lawsuits in our state is high, the truth is this: If there are no accidents, there are no claims.

Poor Infrastructure and Lack of Competition I live in downtown New Orleans. While I used to drive 20 minutes to work each way, now I walk to the office. As a driver, I drive less and therefore pose less risk to other vehicles on the road. Despite that, my car insurance premiums have increased by nearly $150 per month. This is because insurance companies simply use arbitrary metrics to set premiums, and their method of underwriting is not properly regulated. A lack of competition and proper overview allows car insurance companies to charge what they want for insurance, and as a result, they have continued to force Louisiana’s motorists to pay exorbitantly high rates. Another factor that contributes to the high number of car accidents, and therefore the increased cost of car insurance, is Louisiana’s poor infrastructure. It seems like whenever you pass a state line, the roads become smoother than ice in comparison to our pothole-ridden, poorly designed highways and roadways. This is just another example of poor governance and planning being blamed on other factors: namely, personal injury attorneys.

– David Vicknair

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‘OVERRULED’ Podcast: Super Witch Ice Cream

David recently sat down with Briggs Barrios, the creative genius behind Super Witch Ice Cream, to explore the fascinating journey of transforming a passion into a thriving business. Briggs, being heavily into fitness but with little time to cook, once consumed 5–6 pints of ice cream weekly in his quest for easy calories. He has since turned his love for the frozen treat into a burgeoning enterprise that has captivated the taste buds of New Orleans and beyond. Super Witch Ice Cream isn’t your typical scoop shop. It’s a pint-only operation that thrives on exclusivity and innovation. Each week, Briggs crafts a new menu of flavors that sells out in under a minute. This unique business model keeps customers on their toes and allows Briggs to maintain the high quality of his product. With flavors like marble cake ice cream with chocolate cake truffle and peanut butter Oreo, it’s no wonder his creations are in such high demand. Discover the incredible journey of how Briggs turned his love for ice cream into a rapidly growing business and how to get a pint for yourself.

The Feline-Flying Military Tactic That Never Took Off Cat-apulting Into HISTORY

Throughout military history, you’ll find strategic experiments ranging from the genius to the downright bizarre. But few can top the zany brainchild of Franz Helm, a 16th-century German artillery aficionado whose bright idea left historians — and cat lovers — utterly bewildered. Let’s set the scene with Helm’s magnum opus, the “Feuer Buech,” published in 1584, a treasure trove of (literally) explosive innovations in warfare. Imagine this: a battlefield in the Renaissance, not just filled with the clang of swords and the thunder of cannons, but also — wait for it — flying, flaming cats. Yes, you read that right. Franz Helm’s groundbreaking military tactic involved jetpacks for cats. Picture a kitty, strapped with a sack of gunpowder, zipping through the air like a furry missile aimed at enemy strongholds. The hope? These feline projectiles would scamper back to their homes — presumably in enemy territory — and start a blazing inferno. One can only wonder about how they would train cats to become arsonists. The method was straightforward: kidnap an enemy cat, strap it into a gunpowder-laden backpack, light the fuse, and hope Mr. Whiskers doesn’t get cold paws about blowing up its evil overlords. Preserved for posterity at the University of Pennsylvania, the “Feuer Buech” reminds us of the lengths human creativity can go — especially when combined with a profound misunderstanding of cat behavior. As any cat owner will tell you, cats have their own agendas. The chances of a cat completing its fiery mission are about as high as it bringing you the morning newspaper. Thankfully, we have no evidence that this pyrotechnic plan ever came to pass. Considering cats’ notorious independence, we can rest assured that no self-respecting felines took part in these explosive escapades. So, next time you’re cuddling with your cat, be thankful its biggest inclination is to knock pens off your table rather than infiltrate enemy castles with fire.

From his humble beginnings in Tampa to creating small-batch, handcrafted ice cream in New Orleans, Briggs shares his passion for quality and innovation in every pint.

Scan the QR code to learn how you can download our Ebook!

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Are you tying the knot after 50? (Congratulations!) For older couples getting ready to walk down the aisle, there are unique financial considerations to take into account. Merging finances at this exciting stage involves retirement plans, adult children from previous relationships, and different priorities for the future. Get ready for the honeymoon phase as we explore how to merge marital finances in your 50s and beyond. Happily Ever After and Financially Fit MERGING MONEY AFTER 50

December Is National Drunk and Drugged Driving Prevention Month December marks National Drunk and Drugged Driving Prevention Month, a time dedicated to raising awareness about the severe dangers of impaired driving. As we gather to celebrate the festive season, let’s commit to promoting safety and responsibility on the roads. This month, join nationwide campaigns and initiatives that advocate for sober driving and highlight the life-saving importance of making smart choices. Whether it’s designating a driver, planning for alternative transportation, or

spreading the word, everyone has a role to play in preventing tragedies. Let’s work together to ensure joy and celebration do not turn into heartbreak.

Drive safely, stay vigilant, and be a part of the change this December.

What Our Clients Are Saying “Very professional, smart, and caring. Provided additional information that will make the process affordable and legal for me.” – A. Pierce

Understanding Your Significant Other’s Spending At this point in your life, your financial habits and values are well established compared to 20-somethings still finding their financial footing. Being transparent about your income, savings, and spending with your partner is essential. You may even want to review each other’s credit reports. Discuss your hopes for retirement and what it will take to get there. You may be more set in your money mannerisms, so it will take planning to reach your shared lifetime goals. Combining Accounts Newlyweds who are 50-plus must decide if they will merge their accounts fully or maintain separate ones. At this age, you likely have more assets to consider. Maybe you’ll keep individual bank accounts and create a joint account for shared expenses like bills. Reviewing your estate plans together is essential to ensure your wishes for wealth distribution to heirs are clear. Embarking on this new chapter means more than just sharing a life — it’s about blending finances in a way that makes sense for both of you. Communicating about your finances and shared goals ensures your golden years together are filled with financial harmony and peace of mind.

Thank You for Your Referrals!

This month, we’d like to thank John C., Jane A., Brad S., Hope H., Amanda and Gene A., and East Baton Rouge COC for believing we are the right firm to help their friends and family. Your continued support gives us the ability to reach more individuals and make a positive difference in their lives.

Call us. If we cannot handle your case, we will work on finding someone who can assist you. CALL NOW – OPEN 24/7 (504) 384-7978

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Injury & Estate Lawyers

(504) 384-7978 www.ScottVicknair.com 909 Poydras St., Suite 1225 New Orleans, LA 70112

Inside This Issue

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Why Louisiana’s Car Insurance Rates Are Skyrocketing

December Is National Drunk and Drugged Driving Prevention Month Combining Finances When Tying the Knot Later in Life Unravel the Myth of the 16th-Century Rocket Cat ‘OVERRULED’ Podcast: Super Witch Ice Cream

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Hospital Loses Part of Patient’s Skull

Anyone Seen a Skull?

HOSPITAL MISPLACES PATIENT’S BODY PART

scheduled the procedure to repair Fernando’s skull for November 2022, issues arose that made it impossible for the hospital to fulfill its end of the bargain. The hospital made errors when identifying the bone flaps and had no idea which skull fragments belonged to Fernando. Eventually, hospital staff informed the patient

All of us have had to search underneath the couch cushions for a missing wallet or TV remote, or we’ve had to scour the mall parking lot in search of our somehow misplaced car keys. I would almost certainly lose my head if it were not attached to my body. Which, as it turns out, is why I definitely should not work at one

they could not find his bone flap and, as a result, they would be unable to put the missing pieces back in his skull. Suing Over a Skull

particular Atlanta hospital. In September 2022, the Emory University Hospital Midtown staff allegedly misplaced something more important than the contents of a patient’s pants pocket. Following his brain surgery, Fernando Cluster was horrified to discover that the hospital had misplaced part of his skull . What a Headache Fernando underwent emergency brain surgery after suffering a stroke and subsequent cranial bleeding. As part of the surgery, surgeons removed a portion of Fernando’s skull, known as a bone flap, with plans to reattach that portion of his skull after he healed from his surgery. While the hospital

Consequently, Fernando and Melinda Cluster have filed a civil lawsuit against the hospital. The Clusters claim the hospital’s failure to find his bone flap led to an extended hospital stay, increased medical debt, and undue pain and suffering. Not to mention, of course, the alleged negligence in misplacing a patient’s skull . If nothing else, the Clusters have a remarkable story to tell and, most probably, a large settlement headed their way instead of a fully functional brain cage.

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