A Brief Explanation of “Negligence” In Personal Injury Cases.
If you have been injured due to the carelessness of someone else, you may want to bring a personal injury action to recover for your medical expenses and any property damage you may have suffered. If that’s your situation, you will want to understand the concept of “negligence” when it comes to personal injury actions.
There’s Negligence, Then There’s Negligence in Louisiana.
One thing you should know is that in law, the term “personal injury” covers a lot of ground. A personal injury case can be anything from being injured in a car accident, to slipping and falling, to exposure to toxins at work.
Depending on the type of personal injury action you file and what state you are filing in, the rules can vary. That is why you must always consult competent personal injury counsel in your state if you believe you may have a valid case.
Louisiana’s laws governing negligence cases are not the same as other state laws. If you are filing a negligence case in Louisiana to recover for injuries you sustained in a car accident, for example, you need to know that Louisiana’s law has a cap on damages that can be recovered (and in malpractice actions).
Also, here in Louisiana we follow a theory of “comparative fault” in negligence cases. This means that liability will be spread to everyone who contributed to accident in proportion to their proven fault. So, if you were 10% at fault for the accident, and the other guy was 90% at fault for the accident, the amount of your recovery will be reduced by 10% (the amount you were at fault). Need we say that this can be a very complicated area of law so you should always consult competent personal injury counsel?
General Theory of Negligence.
State-specific laws aside, however, there are some general rules that apply to negligence. Broadly, “negligence” is a legal way of assigning blame for injuries that result from an accident or intentional harm to another person. If person “A” has a duty of care to person “B” and person “A” breaches that duty (either on purpose or by being careless) then person “A” will be liable for any injuries to person “B” that result from “A’s” lack of care.
There are 5 elements that must be proven in any negligence case:
- Cause in Fact (“But for” cause)
- Proximate Cause
To win, the plaintiff (the person suing) bringing a negligence case must prove all 5 elements of his case against the defendant. It is up to the jury to decide whether the plaintiff satisfied all 5 elements of his/her case by examining the facts, testimony, and evidence presented by the plaintiff.
Hire Personal Injury Counsel.
At the Day Law Group, we handle personal injury cases including car accidents, trucking accidents, mesothelioma cases and more. We offer FREE consultations, and we don’t get paid unless you win your case. We have offices in Baton Rouge and we serve Baker, Denham, Gonzales, Port Allen, Prairieville, New Orleans, and Zachary. Call (225) 200-0000 ToDay to schedule your free consultation or contact us here.