
When you are injured due to someone else’s actions, that person may be held liable for your injuries. In other words, they are deemed legally responsible for the damages you suffered.
Establishing liability in a personal injury case typically requires you to prove negligence. If you successfully demonstrate that the other party was negligent, they’ll be liable for paying compensation for your losses.
Proving Negligence To Establish Liability in a Personal Injury Claim

You typically will need to prove negligence in order to have a successful personal injury claim. Other cases may be based on different principles, such as strict liability, but most arise due to negligence.
Negligence consists of the following elements:
- The party owed you a duty of care
- The duty of care was breached
- The breach of duty caused your injuries
- You sustained damages because of the breach of duty
Whether someone breached their duty of care is determined by the reasonable person standard. For example, a driver owes you and others on the road a duty of care to follow traffic regulations. If the driver fails to drive as a reasonably prudent driver would under similar circumstances and causes a car accident, they may be held liable for resulting damages.
What Compensation Is Available in a Louisiana Personal Injury Claim?
When someone else is liable for your injuries, you may be able to recover compensation for your economic and non-economic losses – known as damages.
Damages that can be pursued in an injury claim include:
- Past and future medical expenses
- Lost wages
- Pain and suffering
- Loss of quality of life
- Disabilities
- Scarring
- Out-of-pocket expenses
The amount of compensation you receive will depend on the expenses you incur, the severity of your injuries, and how the accident has impacted your life. An experienced personal injury lawyer can help you determine what your case is worth.
Who Is Responsible for Paying My Damages After an Accident in Louisiana?
The party whose negligence caused the accident can be held liable for the costs related to your financial losses and pain and suffering.
If you are involved in a personal injury accident, you will likely be dealing with the at-fault party’s insurance company.
In Louisiana, each vehicle is required to have 15/30/25 liability limits. These limits provide $15,000 for bodily injury to one person, $30,000 for more than one person, and $25,000 in coverage for property damage. After a crash caused by another driver, you’ll likely file a claim with their insurance provider.
If you sustain injuries in a slip and fall accident in a neighbor’s home, homeowner’s insurance and personal injury coverage may cover the cost of your damages.
If you are injured on the job, you’ll likely be dealing with your employer’s workers’ compensation insurance carrier.
Most personal injury claims are resolved through settlement negotiations with an insurance company. However, some cases require a lawsuit and subsequent trial. If an injured party files a lawsuit, the insurance company will likely hire a defense attorney to represent the at-fault party.
A qualified personal injury attorney can help determine if a settlement offer is fair and represent you throughout the process.
What If I Am Partially At Fault for a Louisiana Accident?
Louisiana is a pure comparative fault state. This means that you can still recover compensation even if you were partially responsible for your injuries. However, your damages will be reduced in proportion to your own fault.
For example, if you are found to be 40% responsible for the accident, and your damages are valued at $100,000, your award will be reduced to $60,000.
You should never admit fault at the scene of an accident or when speaking with an insurance company. It’s possible that you’re not the only party responsible for the accident. An admission of fault can later be used against you.
How Long Do I Have To File a Louisiana Personal Injury Lawsuit?
In Louisiana, an injured party typically has two years from the date of the accident or injury to file a personal injury case. If the injured party fails to bring their claim before the statute of limitations expires, they will be barred from recovering damages in a Louisiana court.
A Louisiana Personal Injury Lawyer Can Help You Prove Liability
An experienced personal injury lawyer can help you establish liability. You will not be able to recover damages without proving that the negligent party was responsible for your injuries.
A personal injury lawyer may do the following to help prove liability:
- Conduct a thorough investigation
- Gather evidence
- Identify all of your damages
- Work closely with experts to strengthen your case
- Provide advice to help reduce your legal exposure
- Protect you if you are assigned blame by the negligent driver’s insurance
You should contact an attorney for a free consultation at (337) 888-4253 if you were injured in an accident. A skilled Louisiana personal injury attorney will work to hold the at-fault party liable and get you the compensation you are owed.