Proving Negligence in a New Orleans Personal Injury Case

In a personal injury case, to establish a claim of negligence, the plaintiff (the injured party) typically needs to prove four essential elements. These elements collectively form the basis for demonstrating that the defendant (the party being sued) acted negligently and should be held liable for the plaintiff's injuries. The four elements of negligence are:

• Duty of Care: The defendant must have owed a legal duty of care to the plaintiff. This duty arises when there is a foreseeable risk of harm to others due to the defendant's actions or omissions. The specific duty of care owed can vary depending on the situation and the relationship between the parties.
• Breach of Duty: The plaintiff must demonstrate that the defendant breached the duty of care. This means that the defendant failed to meet the required standard of care in their actions or omissions. A breach occurs when the defendant's behavior falls below what a reasonable and prudent person would have done under similar circumstances.
• Causation: The plaintiff must establish a causal link between the defendant's breach of duty and the injuries suffered. There are two aspects of causation:
  • Actual cause: The plaintiff must show that "but for" the defendant's breach of duty, the injury would not have occurred.
  • Proximate cause: The plaintiff must demonstrate that the injury was a foreseeable consequence of the defendant's breach. This element ensures that defendants are not held responsible for unforeseeable and remote consequences of their actions.
• Damages: The plaintiff must have suffered actual harm or damages as a result of the defendant's breach of duty. Damages can include physical injuries, emotional distress, medical expenses, lost wages, property damage, and other losses. Without measurable damages, a negligence claim typically cannot be pursued.

What if I’m Partly to Blame for the New Orleans Accident?

In Louisiana, personal injury cases are governed by the principle of comparative negligence. This legal concept determines how damages are divided when both the injured party (plaintiff) and the accused party (defendant) are determined to have contributed to the incident. The particular variant of comparative negligence followed in Louisiana is often termed "pure comparative negligence.”

Under Louisiana's pure comparative negligence framework, plaintiffs can pursue compensation for their injuries and losses even if they share some responsibility for the accident. However, the amount of compensation awarded is adjusted proportionally to their percentage of fault. For instance, if a plaintiff is granted $1o0,000 in damages but is deemed 30% responsible, their compensation would be reduced to $70,000 ($100,000 - 30%, or $30,000).