Louisiana Personal Injury
If you have suffered personal injuries due to an accident in Louisiana that was the result of another's fault, then you might be able to receive compensation for your injuries and harm. The recovery may include compensation for your past and future medical expenses, past and future lost income, and pain and suffering damages.
Types of Personal Injury Cases in Louisiana
Personal injury typically refers to the mental, physical, and emotional injuries and harm that occur to a person's health and body that are caused by the negligence of another party. The injuries may be relatively minor at one end of the spectrum, or they may be severe, or even result in the tragedy of death, at the opposite extreme. It is important to note that personal injury law does not encompass damages, harm, or destruction to physical property (real or personal), such as a home or vehicle.
Personal injuries in Louisiana can happen in a myriad of ways, often resulting from causes such as:
- airplane accidents
- auto accidents
- marine or maritime accidents
- trucking accidents
- nursing home neglect or abuse
- medical malpractice
- product liability
- asbestos-related injuries/exposure
- wrongful death
These are just some examples, among many others.
How Is Fault Determined in Louisiana Personal Injury Cases
In order to collect a monetary recovery stemming from a personal injury case in Louisiana, state law requires a prevailing plaintiff to establish negligence on the part of the defendant(s). To prove a case of negligence, the case must establish the following:
- Duty. The defendant who caused the harm or injuries to the plaintiff had a legal responsibility or duty not to injure or harm.
- Breach. The defendant failed to meet the duty or legal responsibility to the plaintiff not to cause harm or injury, and did, in fact, cause such harm or injury.
- Causation. A nexus or causal connection between the duty or legal responsibility of the defendant owed to the plaintiff and the resulting injury or harm.
- Damages. The plaintiff suffered damages in the form of physical harm or financial loss, due to the personal injury or accident.
Louisiana Is a Pure Comparative Fault Jurisdiction
Like 12 other U.S. states, Louisiana Courts have adopted the pure comparative fault rule in terms of negligence. This means that a damaged person is able to recover compensation in litigation even if he or she is 99 percent at fault for his or her own injuries. However, it should be noted that the ultimate amount recovered will likely be reduced by the proportionate degree of fault in the accident or injury.
Find a local Louisiana personal injury attorney today
Whether you live in New Orleans, Shreveport, Baton Rouge, Lake Charles, or elsewhere in Louisiana, a personal injury attorney can assist in providing a thorough understanding of available legal remedies, alternatives, and sources of potential recovery. If a Louisiana personal injury attorney thinks you have a viable case, your lawyer will gather evidence related to your accident and accident-related expenses. Call now to speak with an attorney at 877-913-7222.