Personal-injury cases are more common than many people assume. According to United States Courts, there were 63,316 personal-injury cases filed in 2013. This represented a 10.8-percent increase in filings from 2012.
Every personal-injury case is unique, and recovering damages is a legally complex process. Even if negligence and liability are obvious, the at-fault party or insurance company may offer a settlement that will not pay for your losses. Sometimes defendants deny liability and plaintiffs must go to trial to recover the compensation they deserve.
If you were injured due to another person’s negligence in Louisiana, contact a Lake Charles injury lawyer from Morris Bart. Our firm has more than 50 attorneys and a support staff of 100 legal professionals.
Here is a brief overview of four important elements to prove in a personal-injury lawsuit:
According to the Louisiana State Legislature, if someone acted negligently and in a manner that caused harm to others, he or she may be liable for the damages. However, the claimants must be able to prove that the at-fault party owed them a duty of care. Establishing duty is sometimes straightforward. For example, if you were injured by a negligent driver, then proving that the defendant had a duty toward you only requires that you prove the defendant was in fact driving at the time. A police report may be sufficient.
Breach of Duty
Once the court has determined that the defendant owed a duty toward the plaintiff, it will try to establish if the defendant breached that duty. The defendant may try to argue that he or she exercised reasonable care under the circumstances. Your injury lawyer may present evidence to prove that the defendant did indeed breach his or her duty toward you.
Cause of Injuries
You cannot sue the defendant for injuries that he or she did not cause. You will need to show a link between the defendant’s actions and your injuries or property damage. Your injury attorney may reference medical records and the police report to connect your injuries with the defendant’s negligent actions. Your lawyer may also rely on witness testimonies and other evidence.
Your injury attorney will specify the damages that resulted from the defendant’s breach of duty. These include medical bills, time off work and other losses. Louisiana is a pure comparative negligence state, so your recovery will be reduced by your percentage of fault.
If you were injured due to the negligence of another person or organization in Louisiana, contact Morris Bart. A Lake Charles injury attorney can help you avoid mistakes such as settling for an amount that will not cover your ongoing medical expenses. We can handle the legal side of your case so you can focus on physical recovery. Schedule a consultation today by calling 800-537-8185.