Baton Rouge Personal Injury Law Firm

• Duty. The defendant must have owed the victim a “duty of care.” Generally, individuals have a duty to act with a certain level or standard of care. The standard of care is not that of an extraordinarily cautious individual or an exceptionally skilled person. For purposes of personal injury liability, individuals are supposed to act as a reasonably prudent person would under the same or similar circumstances.
• Breach. A defendant is generally considered to have “breached” their duty of care when their actions fall below an adequate standard of care. An act of negligence, such as texting while driving or driving while intoxicated in the case of a vehicular accident, would likely constitute a breach. In some cases, there are specific statutory laws that may apply. In these instances, a determination may also be made as to whether a reasonably prudent person in the defendant’s situation would have also violated the statute in question.
• Causation. The victim must establish a causal link between the defendant’s negligent actions and their injuries and damages. Specifically, they must show that the claimed injury was in whole or in part the result of the defendant’s misconduct. For example, if a victim has neck pain or a herniated disc following a vehicular accident, they will need to demonstrate the accident was the cause of those injuries through medical records, testimony, and other evidence. The defendant might claim the victim’s injuries as the result of a preexisting medical condition or some other injury.
• Damages. Finally, the victim must show proof of personal injury and related damages. “Personal injuries” include every variety of injury to someone’s body, mind, and emotions. A victim will need to provide evidence of how the injury or injuries affected them physically, emotionally, and financially.

If the victim is successful in proving these four elements, they will be paid compensation. Ultimately, the value of the victim’s claim (which determines the amount of compensation recovered) will depend on many factors, including the amount of available insurance coverage.

Our personal injury services in Baton Rouge include a full assessment of the circumstances surrounding your accident. Our attorneys will advise whether you have a strong claim, including its potential value, and walk you through what it will take to win.

Anyone injured in a crash in Louisiana has the right to seek compensation from those responsible for the collision, whether it was a rear-end, T-bone, or sideswipe accident. If you were injured in a wreck, you might attempt to get compensation from the negligent driver (and their insurer) or the driver’s employer if the accident involved a commercial vehicle, for example.

In certain situations, you may have the option to seek compensation from your own insurer. Uninsured and underinsured motorist coverage is designed to kick in for policyholders involved in an accident caused by a driver who has no or insufficient coverage for bodily injury and property damage caused by a collision. The law prohibits these insurers from raising your premiums simply because you make an uninsured or underinsured motorist claim. The decision of whether you wish to exercise this option is up to you.

You must understand that insurance companies typically go to great lengths to minimize or avoid payouts. Many skilled insurance adjusters are bonused or otherwise incentivized to save their employers money, even if it means getting you less than what you are owed. The insurance company is not concerned with your well-being and will not act in your best interest. That is why it is essential to have a seasoned legal advocate in your corner.