When you suffer an injury or loss caused by another party’s negligence, you could be entitled to compensatory damages. However, you must first prove the fault of the other party. This is done by providing relevant evidence. In the case of a trucker crashing into you during your daily commute, this may be the police report, witness statements, proof of your injuries, and so on.
Proving negligence may sound simple, but it isn’t that straightforward. You must consider the laws that are related to negligence in personal injury cases. If you suffer an injury in New Orleans, you will also need the help of a New Orleans car accident lawyer. Read on to learn more about negligence laws in Louisiana and how a car accident lawyer can help you pursue justice.
In many personal injury cases, more than one party is at fault. When this is the case, comparative negligence laws come into play. For instance, if you were speeding and a second driver ran a red light resulting in a collision, both will be held at fault. A percentage of fault will then be assigned to both. This percentage reflects the degree of negligence committed by each party.
In the above example, for instance, running a red light is a more serious offense than driving 10 mph above the posted speed limit. So you may be assigned 30% fault for the collision. The other driver is then held to be 70% at fault.
Your percentage of fault directly impacts the amount of compensatory damages you receive. If the court finds you are entitled to $10,000 in damages, and you were 30% fault, you receive only $7,000. The rest of the amount is deducted as a penalty for your contribution to the incident.
The good news is Louisiana follows a pure comparative negligence doctrine, as defined in Louisiana Laws Civil Code CC 2323. Under this doctrine, you can recover damages even if you were 99% at fault. So even if you were partly responsible for a personal injury incident, you can still file a claim against the other negligent party.
Negligence typically involves four basic elements. You must prove each element to establish the negligence of the other person or entity. These elements include:
Duty of care – The duty of care is the level of care one person can reasonably expect from another person. For instance, it is reasonable for you to expect that another driver would operate safely on the road.
Breach – When a person fails to uphold a reasonable standard of the duty of care, this constitutes a breach. Texting while driving, speeding, or running a red light are examples of the breach of duty of care of a driver.
Injury – The next element involves proving the breach directly caused a significant injury to your person.
Causation – This is the final element of negligence. You must show the injury would not have occurred had it not been for the breach of the duty of care.
Legal concepts like cause-in-fact, the scope of duty, and comparative negligence can complicate personal injury cases. Even if you feel like the negligence of the other party is obvious, this may not be the case in legal terms.
Here at Manard Law, we help you navigate personal injury claims and will fight for every penny you’re owed for your suffering. Contact us now at 504-585-7777 or visit our site to get started on your claim.