Negligence laws in Louisiana give injured victims legal grounds to pursue a personal injury claim against the party who caused their injuries. Negligence is among the most common claims for personal injury damages. However, proving it can be challenging in some situations.
Our Metairie personal injury lawyers understand Louisiana’s complex laws and what is required to hold another party legally responsible for your loss of income, medical bills, and pain and suffering.
What Is the Legal Definition of Negligence?
Negligence is defined as the failure to meet the standard of care that a reasonable person would have exercised under similar circumstances. Louisiana Civil Code Art. 2316 states that people are responsible for the damage caused by their “negligence, imprudence, or want of skill.”
The “reasonable person” is not a real person. Instead, jurors decide what a “reasonable person” would have done given the circumstances. The standard of care varies based on a case’s specific facts and circumstances.
For example, suppose a driver who runs a red light strikes a pedestrian. A jury may determine the driver is negligent because a “reasonable person” would have obeyed traffic laws and stopped at the red light.
What Are the Elements of a Negligence Claim in Metairie, LA?
Before you can recover compensation for economic and non-economic damages, you must prove the elements of negligence. The legal requirements for a negligence claim are:
Duty of Care
The defendant owed you a duty of care. The duty of care is the requirement to use reasonable care to avoid causing someone harm. For example, property owners may have a duty of care to maintain their premises in a safe condition for visitors and invitees.
Breach of Duty
The person or entity must have done something or failed to do something required of them. For example, a doctor might breach the medical standard of care by failing to order a diagnostic test or leaving an instrument inside a patient during surgery.
Causation
The party’s breach of duty must be the proximate and direct cause of your injuries. In other words, you would not have been injured had it not been for the other party’s actions.
Damages
The party’s failure to uphold its duty must have directly resulted in your injuries and losses. These harms can include both physical and emotional suffering (non-economic damages). You may also recover economic damages, such as medical costs, lost income, and other out-of-pocket expenses.
You must prove each of the above legal elements by a preponderance of the evidence. That means there is more than a 50% chance that your allegations are true, and the party’s actions directly caused your injuries.
How Does Comparative Fault Impact a Negligence-Based Personal Injury Case?
Louisiana is a pure comparative fault state. Being partially to blame for causing your injury does not bar you from receiving damages. However, the damages caused by negligence are divided based on each person’s percentage of fault.
Suppose a jury awards an injured party $500,000 in damages for an automobile accident. However, the jurors determined that the injured party is 20% at fault for causing the accident. In that case, the judge would reduce their damages award by 20%, or $100,000.
Comparative fault can significantly impact a negligence claim. Insurance companies often blame victims for their injuries to avoid paying claims. Allowing a personal injury lawyer to deal with the insurance company on your behalf can minimize your degree of fault.
What Is Louisiana’s Statute of Limitations for Personal Injury Lawsuits?
Louisiana recently changed the statute of limitations for many personal injury cases (which include negligence-based claims). Victims injured in accidents occurring on or after July 1, 2024, typically have a two-year deadline to file a personal injury lawsuit. However, accidents and incidents that occurred before that date may still be subject to the one-year deadline.
Furthermore, some types of personal injury cases may still be subject to a one-year statute of limitations. It is advisable to seek prompt legal advice after an accident or injury to preserve your right to file a lawsuit.
Contact Santana & Blanchard Personal Injury Lawyers for a Free Consultation With a Metairie Personal Injury Lawyer
You could be entitled to damages from the person or entity who caused your injuries. Our skilled Metairie personal injury attorneys will pursue the parties responsible for your losses to recover the compensation you deserve.
Call Santana & Blanchard Personal Injury Lawyers TODAY at (504) 323-6000 for a free consultation with a Metairie personal injury attorney.