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 Negligence 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:
- Duty of Care: The at-fault party owed the plaintiff a standard duty of care (the injured party).
- Breach of Duty: The defendant breached a duty of care by actions or failing to act in a certain way.
- Causation: The defendant’s breach of duty directly caused the plaintiff’s injuries.
- Damages: The plaintiff suffered actual damages as a result of the injuries.
What Is the Impact of Negligence on Your Claim/Case?
Negligence is pivotal in such cases, as it determines liability and the potential compensation you may receive. Here’s how negligence can impact your case:
- Establishing Fault: Proving negligence is essential to establish fault. That helps determine who is responsible for your injuries and should be held accountable.
- Comparative Negligence: 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.
- Damages Award: The extent of negligence often influences the compensation you receive. The more severe the negligence, the higher the potential damages awarded.
FAQs – Insights from Our New Orleans Personal Injury Attorneys
Q1: What if the accident was partly my fault?
A: Louisiana operates under comparative negligence. Even if you’re partially at fault, you can still seek compensation. However, your award might be reduced based on your percentage of fault.
Q2: How do I prove negligence?
A: To prove negligence, you need to establish the four elements: the duty of care, breach of that duty, causation, and damages. Evidence such as witnesses, documents, and expert opinions can support your case.
Q3: What’s the statute of limitations for personal injury claims in Louisiana?
A: In most cases, Louisiana’s statute of limitations for such claims is one year from the accident date (Louisiana Civil Code Article 3492).
Q4: Can I still recover damages if I didn’t suffer physical injuries?
A: Yes, you can. Personal injury damages can cover physical, emotional, and financial losses, including medical bills, lost wages, pain, and suffering.
Our New Orleans Personal Injury Attorneys Will Guide You to Securing Justice!
Understanding negligence is pivotal in building a strong personal injury case. At Hammond Law Firm LLC, we’re dedicated to helping you deal with the complexities of personal injury law in New Orleans.
If you suspect your injuries are due to someone else’s negligence, our attorneys can simplify the legal process for you, protect your rights and ensure you receive the compensation you deserve.
Contact us; schedule a free consultation & case evaluation today!
