Personal injury cases arise from situations in which the negligence of an individual, business, or government entity causes harm to a victim. Compensation may be sought for physical injuries, emotional harm, and financial losses. Personal injury lawsuits usually are brought under a theory of negligence. If you or a loved one has been hurt in an accident and are contemplating taking legal action, the Lafayette personal injury lawyers at Broussard, David & Moroux will be happy to schedule a free case evaluation to discuss the details of your case. We represent people in many areas of Louisiana who need a car accident attorney or representation in any other type of personal injury claim.
Holding Negligent Parties Accountable Through a Personal Injury ClaimThe Louisiana statute of limitations puts a maximum time limit on the period in which a person who has a potential personal injury claim may file suit against the responsible party. This time period may vary depending upon the nature of the accident in which the plaintiff was hurt. A qualified personal injury attorney can help you determine the time limit for filing your claim. In some cases, there may also be a statute of repose that further limits the plaintiff’s time for filing suit, or there may be a requirement for filing a notice that is separate from filing a claim in court. Failing to timely file suit usually results in the dismissal of the plaintiff’s claim, regardless of the severity of their injuries or the level of negligence exhibited by the defendant. Thus, it is imperative to talk to an attorney about your options as soon as possible if you have been injured in an accident.
The core elements of a negligence case under Louisiana law are duty, breach of duty, causation, and damages. There may be some variations in particular cases, but the basic concept is that a person or business that causes harm to others by its failure to act in a reasonably prudent fashion should be held liable for the harm that is caused. Typical damages in a personal injury case include medical costs (past and future), lost earnings and loss of future earning capacity, and compensation for the pain and suffering and emotional distress caused by the accident. The burden of proof in a personal injury case is on the plaintiff, and they must prove all four elements of negligence by a preponderance of the evidence in order to be successful.
Sometimes a defendant in a personal injury case will admit that they were partially to blame for the accident at issue but will argue that the plaintiff also was negligent. Under Louisiana’s pure comparative fault law, a plaintiff’s negligence may reduce the amount of damages that they may recover from the defendant in direct proportion to the level of fault attributed to the plaintiff. However, the plaintiff may still recover at least some damages unless they are proven to have been 100% at fault for the accident. Anticipating such a defense and taking an assertive approach to defeating a comparative fault argument is very important in maximizing the plaintiff’s recovery in a personal injury lawsuit.
Talk with a Knowledgeable Personal Injury Lawyer in LafayetteInnocent accident victims should not need to suffer because of others’ negligence. To successfully pursue a claim for damages against a responsible party, it is important to talk to a personal injury or wrongful death attorney as soon as possible after an act of carelessness that results in physical harm. To schedule an appointment with an experienced Lafayette personal injury attorney, call Broussard, David & Moroux today at 888-337-2323 or contact us online. We handle cases throughout Lafayette, East Baton Rouge, Orleans, St. Landry, Iberia, Rapides, and Calcasieu Parishes, including in New Orleans, Baton Rouge, Lake Charles, Alexandria, New Iberia, and Eunice.