Injured by Another? Your Guide to Filing a Personal Injury Claim
We all owe a duty of care towards one another. A driver sharing the road with other motorists must adhere to traffic rules and practice safe driving for their own and other’s safety, as a manufacturer should ensure their products are safe for consumers.
Suppose someone causes you harm through a car accident, medical malpractice, a slip and fall incident, or even an animal bite. In that case, you can sue them for compensation for the injuries and the damages you sustained.
In this comprehensive blog, you will learn about personal injury, how it works, how to successfully prove your claim, and why you should consider working with a personal injury attorney.
What is Personal Injury?
In simple terms, personal injury refers to a situation where someone suffered harm from an accident, and someone else is responsible. Personal injury law seeks to compensate victims for harm due to another party’s actions or lack thereof.
This legal arena covers a wide range of scenarios including but not limited to:
- Physical Injuries- Physical injuries from a centerpiece of personal injury. They can result from car accidents, slips and falls, animal bites, and workplace accidents.
- Emotional Harm- Although complex, personal injury also covers the psychological impacts of injuries, such as anxiety, depression, and trauma.
- Defamation- In Louisiana, personal injury laws cover scenarios where a party’s untrue spoken or written words cause harm to another person’s reputation.
- Medical Malpractice- If a doctor’s service fails to meet the professional standard of care threshold and causes harm to the patient, it falls under the purview of personal injury.
- Product liability- If a consumer suffers injury due to a defective product, they can file a personal injury lawsuit against the manufacturer, owner, or seller.
Negligence in Personal Injury
Negligence is a centerpiece in the intricate web of personal injury cases. Despite the broad scope of this civil law field, most personal injury cases are governed by the same four negligence principles. To successfully win your suit, you must successfully prove these four elements:
- Duty of Care- You must prove that the defendant owed you a duty of care, such as a driver owing a duty of care to other motorists or a product manufacturer owing a duty of care to consumers.
- Breach of Duty of Care- Next, you must show that the defendant breached their duty of care. For example, you must prove that the driver breached their duty of care by driving recklessly, tailgating, or exceeding the speed limit.
- Causation- You must prove that the defendant’s breach of duty was the cause of your injuries. Here, you must show that your injury was a foreseeable consequence of the defendant’s actions or lack thereof.
- Damages- Finally, you must prove that you suffered actual harm due to the defendant’s breach. It may be physical injury, emotional pain, financial loss, or any other type of damage for which you should be compensated.
The Need for an Attorney
“Many people make the mistake of thinking they can pursue a personal injury case by the lonesome. While no one will stop you, it’s generally not a good idea, especially when going against large corporations or government entities. You need a lawyer with experience handling situations like yours. They know the system and understand the dos and don’ts integral to maximizing your claim,” says Koplfer & Hermann personal injury attorney Joseph G. Kopfler.
Therefore, if you are a personal injury victim, you should consider working with a qualified Louisiana attorney. A lawyer will negotiate with insurance companies and handle all the paperwork and deadlines as you focus on recovery.
Also Read: The Different Types of Family Law: A Comprehensive Overview
