Why is it important for accident victims in Louisiana to establish a duty of care?
Baton Rouge, LA – If an accident victim wants to be successful in an injury lawsuit, they will need to show some amount of fault or negligence by the driver responsible for their injuries. The first element of a negligence case is to establish a duty of care that is relevant to the situation. If this is done, along with showing the other elements of negligence, the victim will be able to receive compensation through a settlement agreement or a jury verdict. People who have specific questions about how to succeed in their lawsuit should get in touch with their attorney for information about their case.
The relevant duty of care
A negligence lawsuit has four elements that are required in all cases. Most personal injury cases are filed under a theory of negligence, so this process is necessary to receive compensation. The elements are the duty of care, breach of the duty, causation of injuries, and damages. The standard of care is essentially a type of obligation to engage in the task at hand reasonably. All drivers need to obey the rules of the road to minimize the possibility of collisions, property damage, vehicle damage, and injuries. Therefore, things like traffic laws establish that there is always a relevant duty of care while driving.
This means that drivers should not speed, go through stop signs, use their phones while driving, use drugs or alcohol before operating a car, or anything else that may compromise their ability to drive safely. All of these actions that may be traffic violations can be considered a breach of the duty of care. Things like traffic tickets or accident reports that recount these kinds of behaviors are often used by the plaintiff in the lawsuit as evidence of negligence.
Compensating the victim
Once all of the other elements of negligence are established, the plaintiff can summarize their damages. Serious accidents often have costs for missed opportunities and income at work, hospitalization and medical treatment, property damage, and pain and suffering. The attorney’s job is to try to use the evidence of negligence along with their negotiation skills to ensure that their client receives as much compensation as necessary to cover these losses, even if they have auto insurance. It is most likely that this can be accomplished with a settlement negotiation, rather than having to go to trial in court and wait for a jury verdict.
Accident lawyers in Louisiana
Miller, Hampton, and Hilgendorf is a firm that focuses on motor vehicle accident cases. Their attorneys are available to help people who have been involved in a car crash in the Baton Rouge area.
Firm contact info:
Miller, Hampton, and Hilgendorf
3960 Government St., Baton Rouge, LA 70806
225-343-2205
www.mlhlaw.com
