Alsen, LA – Almost all accident and injury lawsuits will be brought under Louisiana’s system of negligence. In civil cases, negligence essentially means that the defendant made some kind of mistake or error that resulted in the plaintiff’s losses, and the defendant must also compensate the plaintiff in an amount that covers these financial problems. This is even possible when the plaintiff was partially at fault for their own injuries.
After an accident, it is possible to get advice from attorneys near me regarding the best course of action and a more detailed explanation of how negligence applies to the incident.
The elements of negligence
As a general rule, all negligence lawsuits must meet a few basic elements. These include establishing a relevant duty of care, showing a breach of that duty, causation of the accident, and damages. All of these must be present and if even one element is missing the lawsuit will not be successful. In many motor vehicle crash cases, showing something like a traffic violation that led to the collision and plaintiff’s injuries will generally meet all of the required elements.
Louisiana uses a system called comparative negligence that allows partial fault among the people involved, and a plaintiff can still possibly collect money even when partially at fault. If there is partial fault assigned to the person bringing the case, this will result in a reduction in their damage award, but they can still win the case and be compensated.
How damages work in negligence cases
Damages may be the most important element for accident victims, as this determines that amount of compensation that they can ask for through their lawsuit. Damages are divided into a few categories, including economic damages, non-economic damages, and punitive damages. Economic damages are fairly straightforward to calculate, as they are the sum of things like costs of medical treatment, lost income and wages, and future projected costs that will be incurred due to the accident and the person’s injuries. Non-economic damages are also called pain and suffering, and these are losses related to physical pain, mental trauma, and other problems that the person must live with due to their injuries. This allows the attorney to argue based on how the victim’s life was affected and changed by the accident. Finally, punitive damages are meant to punish a defendant for reckless behavior. Louisiana has a very specific law for punitive damages in accident cases, and the defendant can only be made to pay these kinds of damages if they were driving while intoxicated.
Louisiana accident attorneys
There are accident lawyers in Alsen who can assist with the process to bring a civil injury lawsuit for compensation. Miller, Hampton, and Hilgendorf is a firm that works with local clients to help with various legal matters.
Firm contact info:
3960 Government St., Baton Rouge, LA 70806
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