What are the elements of negligence in an accident lawsuit in Westminster?

Westminster, LA – Accident victims have to bring cases against a person responsible for their losses by arguing that the individual was negligent. This is specific legal doctrine which is related to a failure to act as a reasonable person would in the same situation. Negligence cases are versatile in personal injury, as they can be applied in a number of different situations, although motor vehicle accidents are a very common use of the doctrine.

Any additional questions about the complexities of negligence law should be asked to a licensed attorney during an initial consultation.

The standard elements of negligence

Even though each state has slightly different negligence laws, the basic structure is similar everywhere and there are four elements. These basic elements are a relevant duty of care, a breach of that duty, actual and proximate causation, and damages. Each element needs to be present for the action to succeed.

Asking for damages

The final element of negligence is proving actual damages, and this is very important for the victim. In civil cases, a defendant can only be sued when the plaintiff is able to show some kind of legitimate harm. This is based on costs such as things like medical treatment, lost wages, recovery care, and even non-economic losses for pain and suffering can be added to these amounts if the victim’s life has qualitatively changed because of their injuries.

Dividing fault for an accident

Louisiana law also allows a plaintiff who was partially at fault for an accident to still bring a lawsuit, but they can possibly collect a reduced amount of damages. This doctrine that allows fault to be divided is called comparative negligence. If the plaintiff is successful in this kind of action it merely means that their damages are awarded, minus whatever amount of fault the jury finds. For example, a plaintiff who is ten percent at fault for the accident will receive ten percent less money than they otherwise would have collected. Under Louisiana’s pure comparative negligence system, any plaintiff can bring an action even if they were mostly at fault and there is no level of fault that will entirely prevent the person from filing a case. Certain other states do not allow fault to be divided in this manner, and the plaintiff cannot bring a lawsuit if they are partially at fault.

Attorneys are available in Louisiana

Miller, Hampton, and Hilgendorf is a firm that works with accident victims in Westminster and other parts of Louisiana. Anyone who needs legal advice can schedule a meeting with their attorneys.

USAttorneys.com is a service that helps people find lawyers in any city in the country. Those who need assistance can call 800-672-3103 to speak with a representative.

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205