Every day, people are injured in Louisiana in accidents and other incidents involving the carelessness of others. If you’ve sustained injuries, you may have a legal right to seek compensation for your medical expenses, lost wages, and other losses. You might accomplish this by filing a personal injury claim.
Read on to learn what you need to know about personal injury cases, including what they are, their purpose, and how they can help you recover compensation after an accident.
The Purpose of Personal Injury Cases
Personal injury cases are a type of civil claim. They do not typically involve criminal behavior. They serve a much different role in society than criminal cases, which are intended to punish the wrongdoer and prevent similar acts in the future.
Personal injury cases exist to compensate victims for damages they suffer, usually caused by the negligence of others. The law recognizes that the injury cannot be undone, so courts focus on returning the victim to the position they would have been in had the accident not occurred.
These cases award personal injury victims money to compensate them for their injuries and losses. The party responsible for the injury pays, often through a claim with their insurance provider.
Louisiana law states that any party who causes harm to another is responsible for repairing their harm.
Through a personal injury claim, you can seek compensation for the following economic and non-economic damages:
- Medical expenses
- Future medical treatment, services, and procedures directly related to your injury
- Lost wages
- Lost earning capacity
- Long-term disability
- Property damage
- Past and future pain and suffering
- Loss of enjoyment of life
- Mental anguish
Additionally, certain loved ones may have a claim for loss of consortium, service, and society.
What Are the Legal Grounds For Personal Injury Cases?
The most common ground for a personal injury case is negligence.
Negligence occurs when the following four legal elements are met:
- Duty – The defendant owed the victim a duty of care.
- Breach of duty – The defendant violated the duty of care.
- Causation – The defendant’s breach of the duty of care was the direct cause of the accident that harmed the victim.
- Damages – The victim suffered damages for which a court can compensate them, such as medical bills or property damage.
Though negligence is the most common legal ground to pursue a personal injury case, other legal theories exist. For example, some claims involve strict liability. In these cases, if the basic elements can be proven, the defendant will be held liable for damages, and the plaintiff does not have to show the defendant was negligent. This is the case for dog bites under Louisiana’s strict liability law.
Other cases can involve intentional misconduct, such as assault or church abuse. Personal injury claims based on these incidents are distinct from any underlying criminal charges. The burden of proof in civil cases is lower than it is in criminal cases, so it is possible that a person could be found civilly liable for damages while not guilty of criminal charges.
Common Types of Louisiana Personal Injury Cases
Various situations can give rise to personal injury claims.
Some of the cases that we commonly handle include:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Bicycle accidents
- Slip and fall accidents
- Premises liability accidents
- Offshore accidents
- Maritime accidents
If a loved one dies in an accident, surviving family members could potentially seek justice and financial accountability through a wrongful death claim. Contact our law firm for information about your legal rights and options.
How Do I Prove My Personal Injury Case?
In most personal injury claims, you must prove your case by a preponderance of the evidence. This means that the facts are more likely true than untrue. This burden applies to every element of the case. Therefore, if your case is based on negligence, you would have to prove duty, breach of duty, causation, and damages to this degree.
In addition to your account and testimony, you will likely need strong evidence that supports your version of events or refutes the defendant’s version.
Some types of evidence that you may be able to present in a personal injury case include:
- Witness statements or testimony
- Medical records
- Inspection and investigation records
- Accident reports
- Personnel records
- Photos or videos of the accident
- Electronic data recorder information
- Expert witness reports and testimony
- Pain journal entries
- Receipts, invoices, check stubs, and estimates to substantiate your damage claims
An experienced personal injury lawyer knows how to identify, gather, and preserve crucial evidence in your case.
How Do I Calculate the Value of My Louisiana Personal Injury Claim?
Personal injury cases focus on the amount of compensation to award a victim. Every claim is unique.
The potential value of your damages can depend on factors that are specific to your case, including:
- Your age and health
- The duration of your recovery
- The type and severity of your injuries
- The identity and number of defendants in your case
- Whether you contributed to your injuries
- The extent of your damages
- Whether your injuries are permanent in nature or caused a significant reduction in your earning power
- The insurance coverage available for your claim
- Whether your case is resolved through a settlement or goes to trial
A lawyer can conduct a thorough investigation into your case to give you a better idea about the potential compensation at stake.
Contact an Experienced Louisiana Personal Injury Lawyer For Help With Your Case
If a negligent party harmed you, you may have the right to recover compensation from them. However, they may be represented by aggressive insurance companies or defense lawyers who will try to prevent you from recovering fair compensation.
You can level the playing field and ensure you take timely legal action when you work with an experienced Louisiana personal injury attorney. Contact Mansfield Melancon Car Accident and Personal Injury Lawyers to schedule a free case review.
