Acy, LA – Car accidents tend to result in a number of issues related to insurance claims and civil lawsuits. If one driver who was involved in the crash sues the other, it is likely that they are filing a negligence case. This is a type of legal action that says the driver violated the expected standard of care and caused injuries to others involved in the crash. Negligence cases can be confusing in some ways, so it is important for victims who want to bring a lawsuit to get in touch with a local attorney for a more complete explanation.
The elements of negligence
Every plaintiff filing a negligence case must show a few different basic elements. If these elements are not proven through the evidence, the plaintiff cannot win the lawsuit. These elements include a relevant duty of care, a breach of the duty of care, causation of the accident and injuries, and some kind of losses or damages.
The system of negligence that will be applied to any accident case in Louisiana is called comparative negligence. This system allows fault in an accident to be divided between all parties involved to equal one hundred percent. If a plaintiff is found to be partially at fault for their own injuries, they can still file a lawsuit. However, their damages will be reduced according to the level of fault that is attributed to them by the jury. Even if a plaintiff is mostly at fault for the accident, they can still try to file a lawsuit for a reduced amount of compensation.
An important aspect of any negligence case is the concept of damages. This is the amount of compensation that the plaintiff can receive which is tied to their demonstrated losses. Damages tend to reflect things like medical expenses, lost wages, property repair costs. Victims can also ask for non-economic compensation for their emotional pain and suffering, along with other forms of stress and trauma. Damages tend to be paid out through settlements, as a trial is usually not necessary.
Learning more about accident lawsuits
Miller, Hampton, and Hilgendorf is a firm that works with motor vehicle accident victims in Acy and other parts of Louisiana. Their attorneys have extensive experience with negligence cases, and they are available to meet with clients and discuss specifics related to their case and the possibility of filing a lawsuit.
Firm contact info:
3960 Government St., Baton Rouge, LA 70806