Elements of a Negligence Case in Louisiana
Too many people are hurt in accidents that could have easily been prevented if someone else had been a little more careful. If this has happened to you, you may consider filing a Louisiana personal injury lawsuit. Before you do this, it may help to familiarize yourself with Louisiana negligence laws.
Duty in Louisiana Negligence Laws
The concept of duty plays an important part in Louisiana negligence laws. Duty is defined as one person’s responsibility to be considerate of the safety of others. For example, a driver has to take precautions to ensure that he or she does not hurt someone else while driving by following Louisiana traffic laws.
Let’s say that you were crossing an intersection with the right-of-way, only to be hit by a speeding car. In this case, the other driver can be said to have failed to do his or her duty. This is called a breach of duty. The judge will usually determine whether or not a person has duty in a Louisiana personal injury lawsuit.
Proving your Injuries in a Louisiana Personal Injury Lawsuit
Of course, you still have to prove that your injuries are the fault of the other party. To continue with the traffic example, the driver might claim that you were driving through a red light, thus violating traffic laws. He or she might argue that you brought the injuries upon yourself by going through a red light.
You know that this didn’t happen, but the court needs proof that the collision happened the way you described it. This is why you need the help of a good Louisiana personal injury lawyer.
Proximate cause is another issue of which you should be aware. Proximate cause limits the scope of your lawsuit to injuries that the defendant could have foreseen happening through his or her own actions.
For instance, say that you took your car to an auto shop after the accident, seeking to get it repaired. While there, you slipped on a grease-covered walkway and hurt yourself. This could not be considered the fault of the offending driver, since there is no way he or she could have predicted this happening, even if he or she was indirectly responsible.
This is something to keep in mind when filing a personal injury claim. An accident like the hypothetical one at the auto shop may constitute a different lawsuit, but should not be accounted for in the original Louisiana negligence case.
Finally, you also need to be able to prove that the accident caused actual property damage or physical injury. Someone behaving irresponsibly is not usually sufficient for the court to justify a lawsuit, unless damages or injuries occurred as a direct result.
Contacting a Louisiana Personal Injury Attorney
After a serious accident, while you are dealing with injuries, medical bills, car repairs and insurance companies, it’s important to have someone working on your side.
Speaking with an experienced Louisiana personal injury attorney after an accident can help you understand your legal rights and options, and if necessary, help you file a personal injury lawsuit to help you recover compensation for your losses.
The Louisiana personal injury lawyers at the Law Offices of J. Price McNamara can help you recover damages for medical bills, ongoing medical treatment, property damage, and other accident-related expenses. Contact us to schedule your FREE legal consultation today – (866) 248-0580.