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Liability is essentially fault or responsibility. In order to establish liability in a personal injury case, you must show that the other person has responsibility, through something they did or failed to do, for causing your injury.
Negligence is unintentional behavior that causes injury to another person through carelessness, unreasonable conduct, errors, or omissions.
Under law, you are entitled to collect damages from the responsible party for your losses or injuries when their negligent actions cause you harm. For example, if a person is texting while driving and their careless actions cause them to rear-end you, you have the right to seek damages from them.
Damages are the losses that you incur as a result of someone else’s negligence. Damages can include compensation for medical bills, the cost of rehabilitation, loss of wages, and property damage.
Damages can also include compensation for your pain and suffering, scarring, and the loss of the ability to enjoy life because of the accident.
Attorney J. Van Robichaux is an accomplished, veteran attorney serving Louisiana. For nearly 50 years, his firm has helped injured clients just like you better understand the law and get the damages and justice they need following a personal injury.
Have questions, or in need of quality legal help? Reach out to Robichaux Law Firm L.L.C. at (504) 332-8188 for an initial consultation today.
A settlement is reached when you and the negligent party agree on an amount of money that you are owed to compensate you for your losses. This is done with the help of your attorney through negotiations prior to a trial.
If no agreement can be reached, the only solution is a trial. At a trial, a judge or jury will hear evidence from both sides and render a decision as to whether the other party is liable and, if so, what an appropriate amount of compensation should be.
The burden of proof means that you have the burden or responsibility to prove that the other party is at fault and that their actions injured you.
You must also prove that every element of your damages, such as medical bills, injuries, property damage, and loss of wages, was caused by the other party’s negligence.
Evidence to meet this burden might include medical records, accident scene photographs, and eyewitness testimony concerning the accident.
The “statute of limitations” is the time period that you have to file a lawsuit against the other party. Previously, the statute of limitations in Louisiana was one year, but recent changes to the law state that any accidents occurring after July 1st, 2024, have a two-year statute of limitations.
If your claim is not resolved within the statute of limitations, you have lost the ability to pursue a lawsuit. Therefore, if settlement negotiations are not producing results, you and your attorney must file a lawsuit within that period.
For this reason, it is important to get in touch with an attorney as soon as possible following your accident. Your personal injury attorney will begin to gather evidence to support your case and move forward toward a settlement and, if necessary, a trial.
Still Have Questions? Ready To Get Started?
For more information on Personal Injury Claims In Louisiana, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (504) 332-8188 today.
Attorney J. Van Robichaux is an accomplished, veteran attorney serving Louisiana. For nearly 50 years, his firm has helped injured clients just like you better understand the law and get the damages and justice they need following a personal injury.
Have questions, or in need of quality legal help? Reach out to Robichaux Law Firm L.L.C. at (504) 332-8188 for an initial consultation today.