How Can Affect Your Personal Injury Claim?

Understanding The Crucial Link to Your Personal Injury Compensation

If you’ve suffered injuries due to someone else’s actions, understanding the role of negligence in your personal injury case is essential.

As your trusted New Orleans personal injury attorney, Hammond Law Firm LLC is here to shed light on this crucial aspect of your legal journey.

Today, we’ll explain negligence, how it can affect your case, and also address some common queries.

What is in A Personal Injury Claim?

It refers to the failure of a person to demonstrate reasonable care, resulting in harm or injury to another person. In legal terms, proving negligence involves establishing four key elements:

1. Duty of Care: The at-fault party owed the plaintiff a standard duty of care (the injured party).
2. Breach of Duty: The defendant breached a duty of care by actions or failing to act in a certain way.
3. Causation: The defendant’s breach of duty directly caused the plaintiff’s injuries.
4. Damages: The plaintiff suffered actual damages as a result of the injuries.

What Is the Impact of on Your Claim/Case?

is pivotal in such cases, as it determines liability and the potential compensation you may receive. Here’s how negligence can impact your case:

1. Establishing Fault: Proving negligence is essential to establish fault. That helps determine who is responsible for your injuries and should be held accountable.
2. Comparative : Louisiana follows a comparative negligence rule, meaning if you are at fault for the accident to a certain degree, your compensation may be reduced by your percentage of fault.
3. Damages Award: The extent of negligence often influences the compensation you receive. The more severe the negligence, the higher the potential damages awarded.