A Guide To Understanding Key Personal Injury Terms For New Orleans Residents
If you’ve been injured due to someone else’s negligence in New Orleans, Louisiana personal injury law allows you to seek compensation. However, understanding whether you have a valid claim, how to move forward with it, and what kind of compensation you might receive can be confusing. This article will explain key terms and concepts in personal injury law, including:
- Liability: Determining who is at fault and legally responsible for your injury.
- Damages: Understanding the losses and harms you can seek compensation for under Louisiana law.
- Negligence: What you need to prove to establish a valid claim, and the standard of proof required.
What Is “Liability” In The Context Of Personal Injury Law?
In personal injury cases, liability refers to legal responsibility for causing harm to another person. To be held liable, the responsible party must have done something wrong, meaning their actions or failure to act led to your injury.
Some situations are straightforward. For example, if a driver runs a red light and causes an accident, liability is typically easy to determine. In other cases, establishing who is at fault may be more complex, especially when multiple factors or parties are involved.
Liability isn’t based on criminal guilt or moral judgment. It is a legal concept governed by specific rules that vary depending on the circumstances of the case. A lawyer’s role is to analyze the facts and determine who is legally obligated to compensate you for your injuries or damages. One of the key factors in determining liability is whether the person responsible was acting negligently.
How Is “Negligence” Defined In Louisiana, And Why Is It Important?
Negligence is when a person’s conduct falls below the standard of care expected in a given situation. Essentially, it asks: What would a reasonable, rational person do? If someone acts in a way that is less cautious, responsible, or safe than that, they can be considered negligent. If their negligence causes an accident, they are responsible for any damages that result.
What Are The “Damages” I Can Claim In My Louisiana Personal Injury Case?
Damages refer to the losses you suffer due to an injury. They fall into two main categories:
- Hard (Economic) Damages: These are more straightforward and include things like:
- Medical bills
- Lost wages from missed work
- Property damage
- Rental car or other expenses
- General (Non-Economic) Damages: These are harder to define, such as:
- Pain and suffering
- Loss of enjoyment of life (e.g., if you can’t do activities you once enjoyed)
- Loss of consortium, which allows a spouse to claim damages for the impact on your relationship.
What Does The “Burden Of Proof” Mean For My Personal Injury Case?
In a personal injury case, the burden of proof means that you must demonstrate that your claims are true and supported by the evidence. Specifically, you need to show that it is more likely than not that the other party’s negligence caused your injury. This standard is often explained as tipping the scales slightly in your favor—if the evidence leans even slightly toward your side, you meet the burden of proof required to win your case.
Still unsure about how personal injury law works? Don’t worry, we can help!
For more information on New Orleans Personal Injury Claims, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling 1 504 230 5222 today.
