Most personal injury claims filed in Louisiana are based on the concept of negligence. Negligence is the failure to act with reasonable care given a situation’s circumstances.
If a party negligently injures someone, the party can be legally liable for the person’s damages. Damages for a negligence claim could include economic damages to reimburse the injured party for their financial losses. It also includes compensation for pain, suffering, and other non-economic damages.
The Legal Elements of a Negligence Claim in Lake Charles, LA
The injured party has the burden of proof in Louisiana for a personal injury claim. Cases based on negligence require the injured party to prove the following four legal elements:
Legal Duty of Care
The party who caused the injury must have owed the injured party a legal duty of care. A duty of care is the obligation to act with care to avoid causing someone to be injured. In other words, a party’s actions or omissions should not place others at risk of harm.
The duty of care varies depending on the circumstances. Generally, the duty of care is based on what a prudent, reasonable person would do, given the circumstances. In a medical malpractice case, duty of care is based on the acceptable medical standard of care.
Breach of Duty
A breach of duty can lead to a negligence claim. Someone breaches the duty of care when their conduct is sufficient to meet the duty of care for the situation. In other words, their actions or omissions were unreasonable given the circumstances.
For example, a jury might find a driver breached their duty of care by driving 100 mph through a residential neighborhood. Jurors could find that a store owner breached their duty of care by failing to repair faulty wiring they knew could cause a customer to suffer harm.
Causation
Proving causation is often the most challenging part of a personal injury case. The evidence must prove that the party’s conduct was the proximate and direct cause of the victim’s injuries.
In other words, had it not been for the party’s conduct, the victim would not have suffered harm (direct cause). Additionally, it must be shown that the party could reasonably foresee their actions could harm someone (proximate cause).
Damages
The last element in a negligence-based personal injury case is to prove the victim suffered harm because of the party’s conduct. The harm includes injuries, monetary losses, pain, and suffering.
Louisiana Comparative Fault Laws and Negligence Claims
Louisiana adopted a pure comparative fault law for negligence-based personal injury claims. Allegations of comparative fault could reduce the amount of compensation a victim receives for their damages.
Under the law, damages are divided according to a party’s level of negligence. Therefore, if the at-fault party is 100% at fault for causing your injury, you could receive compensation equal to the total of all damages. However, if you are partly to blame for causing your injury, your compensation can be reduced by your level of fault.
For example, suppose a jury awards you $500,000 for a car accident claim. However, the jurors decided your actions contributed to the cause of the automobile accident by 10 percent.
In that case, your compensation would be reduced by 10% for contributing to the cause of the car wreck. Therefore, instead of receiving $500,000 for the accident claim, you would receive $450,000.
An experienced Lake Charles personal injury attorney can help you fight allegations of contributory fault. Because insurance companies intentionally twist what victims say to imply the victim accepted fault, it is best to let an attorney deal with the insurance company.
What Is the Deadline for Filing a Negligence Claim in Louisiana?
In most personal injury cases, you have just two years from the injury date to file a lawsuit.
A judge can dismiss your case if you do not file a lawsuit before the statute of limitations expires. The judge is not required to consider the merits of the case. They can dismiss the case for no other reason than you missed the filing deadline.
There could be exceptions to the statute of limitations, so the time to file in your case could be different. We recommend seeking prompt legal advice about a personal injury or accident. You do not want to lose your right to pursue a court case because you missed a deadline.
Schedule a Free Consultation With Our Lake Charles Personal Injury Lawyers
You do not deserve to bear the financial burdens caused by another party’s negligence. You deserve compensation for your financial losses, pain, and suffering.
Our Lake Charles personal injury attorneys at Hale Injury Lawyers will help you obtain a fair settlement for your personal injury claim. Call now for a free case evaluation to discuss a personal injury claim.
Contact our law firm at (337) 888-4253 to schedule a free case evaluation with Hale Injury Lawyers.
