Baton Rouge Personal Injury Law Firm

When contemplating whether to take legal action against a negligent party, you may fairly be wondering whether a personal injury claim is worth the trouble. Specifically, you will want to understand how much you stand to recover if you win. Under the law, personal injury victims can obtain compensation for monetary (calculable) and non-monetary (non-calculable) losses. Our personal injury services in Baton Rouge include an estimated case value after we carefully review your circumstances.

The value of your personal injury claim will depend on several key factors, including:

• The circumstances of your accident
• The severity of your injuries
• The amount of available insurance coverage

Damages you may be able to recover in a Louisiana personal injury case include:

• Past, current, and future medical bills related to your injuries
• Lost wages and earning capacity
• Loss of enjoyment of life
• Loss of consortium
• Property damage
• Pain and suffering

• 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.