Located in the heart of Louisiana, Rapides Parish is crisscrossed by several major highways, including Interstate 49, U.S. Highways 71, 165, and 167, and Louisiana Highways 1 and 28. As in other busy areas of the state, motor vehicle collisions are common. Other types of accidents also may occur when people act with careless disregard for the safety of others. The Rapides Parish personal injury lawyers at Broussard, David & Moroux handle a wide variety of accident cases and can assist injured individuals and their families in seeking compensation for their harm.
Asserting Your Right to Compensation Following an Accident in LouisianaAfter investigating the cause of an accident and identifying all of the possible defendants, the next step in a personal injury case is usually to file a complaint in court. Most cases settle prior to a trial, but generally a plaintiff should proceed as if their claim will eventually be resolved by a jury. The insurance companies that ultimately pay out a judgment rarely offer appropriate settlements to people who are not prepared for litigation. For this reason, and to ensure compliance with important procedural deadlines like the statute of limitations, people who are hurt due to the careless or reckless actions of others should speak with a personal injury attorney as promptly as possible following an accident.
In automobile accident cases, a plaintiff usually will allege a claim of negligence against the defendant. To prove negligence in a personal injury case, the plaintiff has the task of showing that the defendant owed a legal duty to the plaintiff and that the defendant’s breach of that duty was the cause of injuries and costs to the plaintiff. In a common type of car crash case, breaching the duty of care may mean that the defendant failed to keep a proper lookout because they were texting instead of looking at the road. To establish causation, the plaintiff would need to show that they would not have been hurt if the defendant had been keeping a proper lookout.
In an offshore injury case, on the other hand, a plaintiff may pursue damages under a theory of negligence or of unseaworthiness under the Jones Act, a federal law governing certain accidents that occur at sea or in coastal waters. Depending upon the circumstances, the plaintiff may alternatively seek relief through the Longshoreman’s Act, which is more comparable to workers’ compensation than negligence law. These cases do not usually require the plaintiff to prove that the defendant was at fault for the accident but instead that the accident occurred in the course and scope of their employment.
In product liability actions, meanwhile, a plaintiff may use multiple theories of liability, including strict liability, negligence, and breach of contract. Regardless of the legal theory on which a plaintiff relies in a personal injury case, the plaintiff has the burden of proving their case by a preponderance of the evidence.
Contact a Dedicated Personal Injury Lawyer in Rapides ParishIf you or a loved one has been hurt because someone else failed to act in an appropriate manner, you should contact an attorney about filing suit to hold the responsible party liable for your medical expenses, lost wages, pain and suffering, and other damages. The personal injury and wrongful death attorneys at Broussard, David & Moroux represent people throughout Rapides Parish, including in Alexandria, Ball, Boyce, Buckeye, Cheneyville, Clifton, Deville, Elmer, Flatwoods, Forest Hill, Gardner, Glenmora, Hineston, Lecompte, Lena, Libuse, McNary, Melder, Otis, Pineville, Sieper, Tioga, and Woodworth. Call us at 888-337-2323 or contact us online to set up a free consultation with a Rapides Parish personal injury attorney.