Personal injury statutes cover a wide range of lawsuits resulting from negligence. From motor vehicle accidents and defective products to hazardous property lawsuits, there is no shortage of ways to get hurt. Scott Vicknair, LLC could represent you in any of these situations.
An experienced Cut Off personal injury lawyer could provide sound legal advice, communicate with the insurance company of the people who have hurt you, and manage the legal process necessary to get compensated for your losses. Call today to schedule an appointment when you need help after an accident caused by someone else’s negligence.
Proving Negligence in Personal Injury Cases
A personal injury claim hinges primarily on the concept of negligence. A civil action to recover compensation must prove four elements to establish the other person or people were negligent and so are liable for the injuries and damage they caused.
Duty of Reasonable Care
The first element needed to prove negligence is the duty to act responsibly and take reasonable care to avoid causing harm to others. Everyone has a legal obligation to proceed with caution: for example, a truck driver must adhere to the speed limit; a store owner must look out for slip and fall hazards; and a boat operator must refrain from consuming alcohol before going on the water.
Breach of Legal Obligations
The at-fault party must have breached their legal obligations by being negligent in some way. The evidence to prove this component will depend on the cause of action. If the other driver was texting at the time of a car crash, then evidence such as a police report can establish their breach of legal obligations. Likewise, an employer who does not keep a seafaring vessel safe could open themself up to a maritime injury claim.
There must be evidence the injuries would not have occurred if it were not for the defendant’s negligence. For example, if a bicyclist gets a concussion after being struck by a car, there must be proof it was caused by the crash and would not have happened naturally.
Proof of Damages
Without proof the person was injured, there is no valid cause for a personal injury lawsuit. Evidence to support this final element includes medical records, hospital bills, witness statements, and accident reports. A Cut Off personal injury attorney could handle the investigation, negotiations, and litigation to prove the case while the injured person recovers.
The Comparative Fault Statute
The civil courts follow a comparative fault system for lawsuits based on negligence. According to Louisiana Civil Code § 2323, the judge will assign a percentage of fault for the accident to each party in the suit and any other people involved. If the injured person is awarded compensation for their claim, their final damages will be reduced by that percentage of fault.
Damages in Personal Injury Cases
After reviewing the evidence of injuries and other harm experienced by the injured person, the court may award compensation to cover losses including:
- Healthcare costs related to the accident and ongoing treatments, if necessary
- Medical devices, prescriptions, physical therapy, doctor’s office visits, hospital stays, and surgery expenses
- Lost salary and benefits
- Pain and suffering
- Psychological anguish
A personal injury lawyer based in Cut Off could review the specifics of a situation and answer questions about potential damages available, as well as the odds of winning a settlement or a court judgment.
Reach Out to a Cut Off Personal Injury Attorney Today To File a Lawsuit
Personal injury law aims to accommodate people who suffered financial losses from an accident that was not their fault. While everyone has the legal right to pursue action against the liable party, the system is complex and often challenging to understand and navigate.
A qualified Cut Off personal injury lawyer has the experience necessary to guide you through the process and reach the best potential outcome in your case. Schedule a consultation to get started right away, and you will not have to worry about paying a retainer or any fees until you collect a settlement.