What does it mean to prove negligence in a Louisiana personal injury case?

Proving negligence requires four elements: duty, breach, causation, and damages. The defendant must have owed you a legal duty of care, must have breached that duty through their conduct, that breach must have caused your injury, and you must have suffered actual damages as a result. All four elements must be proven; a strong showing on three does not win the case.

What is the duty element of negligence, and how does it apply in Louisiana?

Duty is the legal obligation to act with reasonable care toward others who could foreseeably be harmed by your conduct. Louisiana courts determine whether a duty exists by asking whether the defendant's conduct was the type that could have caused the kind of harm the plaintiff suffered. A driver owes a duty to other road users; a business owner owes a duty to customers present on the premises.

What if the defendant argues I contributed to my own injury?

Louisiana follows modified comparative fault under La. C.C. Art. 2323. If you are found less than 51 percent at fault, your compensation is reduced by your percentage of fault; at 51 percent or more, your claim is barred. A plaintiff found 40 percent at fault on a $100,000 case receives $60,000. The defense often tries to push your fault percentage as high as possible to reduce or defeat what they owe.

How is causation proven in a Louisiana personal injury case?

Causation requires showing that the defendant's breach was both the cause-in-fact and a legal cause of your injury. Cause-in-fact is typically tested by asking whether the injury would have occurred but for the defendant's conduct. Legal cause asks whether the harm that resulted was within the scope of risk that made the defendant's conduct negligent. Expert medical testimony is often necessary to establish that the accident caused a specific injury.

What evidence is used to prove negligence in a personal injury claim?

Evidence can include police or incident reports, photographs and video footage, eyewitness testimony, medical records linking your injuries to the event, and expert opinions on fault and causation. Physical evidence from the scene, such as skid marks or defective equipment, can also be critical. Evidence deteriorates and gets discarded quickly, so preserving it soon after the incident matters.

How long do I have to file a negligence claim in Louisiana?

For injuries on or after July 1, 2024, the prescriptive period is two years from the date of injury under La. C.C. Art. 3493.1. For injuries that occurred before that date, the one-year period under La. C.C. Art. 3492 applies. If you miss the deadline, the court will dismiss your case regardless of how strong the underlying negligence claim is.

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PROVING NEGLIGENCE IN A PERSONAL INJURY CASE

Trey Morris and Justin Dewett, Morris & Dewett Partners

Work with an Experienced Shreveport Negligence Lawyer

PROVING NEGLIGENCE IN A PERSONAL INJURY CASE

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 pedestrian accident.

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 any subsequent 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

At Morris & Dewett Injury Lawyers, we have 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.

Frequently Asked Questions

These are questions people often ask about this type of claim in Shreveport. The answers reflect Louisiana law and are general information, not legal advice for your specific situation.

What does it mean to prove negligence in a Louisiana personal injury case?: Proving negligence requires four elements: duty, breach, causation, and damages. The defendant must have owed you a legal duty of care, must have breached that duty through their conduct, that breach must have caused your injury, and you must have suffered actual damages as a result. All four elements must be proven; a strong showing on three does not win the case.
What is the duty element of negligence, and how does it apply in Louisiana?: Duty is the legal obligation to act with reasonable care toward others who could foreseeably be harmed by your conduct. Louisiana courts determine whether a duty exists by asking whether the defendant's conduct was the type that could have caused the kind of harm the plaintiff suffered. A driver owes a duty to other road users; a business owner owes a duty to customers present on the premises.
What if the defendant argues I contributed to my own injury?: Louisiana follows modified comparative fault under La. C.C. Art. 2323. If you are found less than 51 percent at fault, your compensation is reduced by your percentage of fault; at 51 percent or more, your claim is barred. A plaintiff found 40 percent at fault on a $100,000 case receives $60,000. The defense often tries to push your fault percentage as high as possible to reduce or defeat what they owe.
How is causation proven in a Louisiana personal injury case?: Causation requires showing that the defendant's breach was both the cause-in-fact and a legal cause of your injury. Cause-in-fact is typically tested by asking whether the injury would have occurred but for the defendant's conduct. Legal cause asks whether the harm that resulted was within the scope of risk that made the defendant's conduct negligent. Expert medical testimony is often necessary to establish that the accident caused a specific injury.
What evidence is used to prove negligence in a personal injury claim?: Evidence can include police or incident reports, photographs and video footage, eyewitness testimony, medical records linking your injuries to the event, and expert opinions on fault and causation. Physical evidence from the scene, such as skid marks or defective equipment, can also be critical. Evidence deteriorates and gets discarded quickly, so preserving it soon after the incident matters.
How long do I have to file a negligence claim in Louisiana?: For injuries on or after July 1, 2024, the prescriptive period is two years from the date of injury under La. C.C. Art. 3493.1. For injuries that occurred before that date, the one-year period under La. C.C. Art. 3492 applies. If you miss the deadline, the court will dismiss your case regardless of how strong the underlying negligence claim is.