Proving Negligence in a Personal Injury Case
Work with an Experienced Shreveport Personal Injury Attorney
Negligence can be defined as "the failure to exercise the care that a reasonably
prudent person would exercise in like circumstances," including any
actions that have unintentionally caused another harm. Determining negligence
hinges on the fact that the actions were done so without the intention
of causing harm, but rather through carelessness or indirect recklessness.
If harm is intentionally inflicted, it would become a criminal offense.
In a civil case, like a
personal injury lawsuit, each state follows a different standard for awarding damages.
Louisiana follows a system of pure comparative negligence.
Pure Comparative Negligence
Pure comparative negligence means that in a trial, a jury will assign a
percentage of fault to both the plaintiff and the defendant, and the subsequent
damages will be awarded accordingly. For example, if the plaintiff was
illegally crossing the street at the time that they were struck by a reckless
driver, it will be decided what percentage of liability the injured victim
had in causing the
Even if it is found that the victim was 95% responsible for their injuries,
they may still be awarded 5% of the original damages. Negligence on the
part of the defendant must still be established, however, as it must be
shown that their actions also contributed to the resulting injuries.
Assumption of Risk
In order to determine negligence, it must be proven that the other party
failed to uphold their duty of care. This means that they were in some way responsible for the safety of the
individual that was injured. For example, a medical professional is responsible
for providing adequate care to all of their patients, a property owner
is responsible for maintaining the safety of their premises, and a driver
is responsible for adhering to the rules of the road. In any case, if
an individual neglects their duty of care, they may be held liable for
injuries. If the defendant can prove that the circumstances warranted an assumption
of risk, however, they may be able to waive liability.
Assumption of risk refers to any situation where "the plaintiff has either expressly
or implicitly relieved the defendant of the duty to mitigate or relieve
the risk causing the injury." This may apply to any situation where
a warning has been posted about the risk of injury or harm. For example,
if a warning sign has been posted about the risk of falling debris upon
entering a construction site and an individual is consequently struck
by a falling object, they cannot pursue legal action. If you have been
injured in an accident and you are unsure about whether or not you have
a valid claim, you should not hesitate to speak to an experienced Shreveport
personal injury attorney about the facts of your case.
Defending the Rights of the Wrongfully Injured - Call (319) 379-4496
Morris, Dewett & Savoie, LLC, we have more than 70 years of legal experience in preparing and pursuing
claims for damages. We understand that when you are injured or grieving
over the loss of a loved one, you may not have attention on financial
matters. We take into account all of your past and future losses and prepare
your claim carefully. A personal injury lawyer at our firm will take the
burden of dealing.
Contact us today.