Burnside, LA – Personal injury attorneys are able to file lawsuits for people who have been harmed in various ways. This is done for the purposes of receiving compensation, as healthcare costs and other problems caused by an injury can create significant issues for the accident victim. Following any kind of accident, it is important for the victim to get legal advice specific to their situation and decide on a course of action.
When someone needs to file a lawsuit, they will have to identify the person, business, or entity responsible for their losses. This party can then be served with a negligence lawsuit. This is significant in personal injury cases, as almost all injuries are caused by negligence, and the lawsuit argues that the defendant’s lack of care was the cause of the victim’s losses. The elements of a negligence case are a relevant duty of care, a deviation from that same duty of care, actual and proximate causation, and damages or losses. All elements must be demonstrated by the plaintiff if they want to be successful, as even one missing element means that the defendant is not at fault.
Another important part of negligence cases is attempting to get a settlement. This is how negligence cases are usually concluded, as a trial is rarely necessary due the time and cost commitments, and the fact that a jury verdict can be unpredictable. The victim’s attorney should be prepared to present evidence of specific losses, as well as demonstrate how the defendant is responsible through various negligent actions or omissions. Another important part of settlement negotiations is deciding on a specific amount of damages.
The total amount of losses sustained by a victim are sometimes called damages. These can be divided into economic damages, non-economic damages, and punitive damages. Economic damages are proven through things like lost income, medical treatment costs, and any other financial problems directly caused by the defendant’s actions. Non-economic damages are for physical pain, along with various other kinds of trauma and suffering caused by the injuries in question. It can be hard to predict non-economic damages, as attorneys have room to argue for an appropriate amount of compensation. Punitive damages are meant to punish the person responsible for the injuries for reckless actions. However, in Louisiana law punitive damages in injury cases are essentially limited to drunk driving accidents.
Injury lawyers in Louisiana
Miller, Hampton, and Hilgendorf is a law firm that works with injured clients in Burnside and other cities in Louisiana. People who need assistance with their medical bills and other losses can contact their attorneys to schedule a meeting for more information.
Firm contact info:
3960 Government St., Baton Rouge, LA 70806
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