Car accidents can often lead to serious harm, resulting in expensive medical treatment, time off work and lost wages, and other losses. Pursuing damages from a negligent driver to recover these costs can be a beneficial option to help victims of motor vehicle collisions. At Lavis Law Firm, our injury lawyers have represented individuals from New Orleans as well as Baton Rouge and the surrounding communities since 1995. We understand the legal nuances involved in such cases, and we have the experience and skill needed to advocate for your interests.Pursuing Compensation from a Negligent Driver
In many cases, car accidents result from careless driving. Thus, personal injury cases arising from motor vehicle collisions are typically brought as negligence claims against the driver who caused the accident. To establish a claim of negligence against a defendant driver, a plaintiff must prove that the defendant owed him or her a duty of care, the defendant failed to conform to that duty, the defendant’s actions were the actual and proximate cause of the plaintiff’s injuries, and the plaintiff suffered damages.
Drivers have a duty to operate their vehicles in a manner that avoids foreseeable harm to other people on the road, including other drivers, cyclists, and pedestrians. A defendant breaches that obligation when he or she fails to exercise reasonable care behind the wheel. Common examples of a breach include texting and other forms of distracted driving, traffic violations such as failing to yield at an intersection or running a red light, or a failure to take hazardous or unusual road conditions into account. In proving that the defendant’s conduct caused the accident, the plaintiff must establish that, but for the defendant’s conduct, the injury would not have occurred. Alternately, the defendant’s negligence must have been a substantial factor in bringing about the injury to the plaintiff. In addition, the plaintiff must demonstrate proximate cause, which means that it was foreseeable that the defendant’s negligence would bring about the harm that resulted.
Lastly, the plaintiff is required to prove damages. These may be both economic, such as medical expenses, lost wages, or property damage, and non-economic, like pain and suffering or disfigurement in some cases. In Louisiana, damages awards are subject to pure comparative fault rules. This means that damages may be reduced by the percentage of fault, if any, attributed to the victim in causing the accident. This also means, however, that even if you are partially or mostly at fault for the accident, you may still be able to recover some compensation for your injuries.Seek Legal Guidance in New Orleans after a Car Accident
Your injury case is an important matter that deserves thorough and attentive legal representation. The accident attorneys at Lavis Law Firm are committed to assisting victims in New Orleans and other cities throughout Louisiana, including Baton Rouge. We have advised individuals near Lafayette, Lake Charles, Monroe, Shreveport, and Metairie, among other areas. To discuss your case with one of our experienced injury attorneys, schedule a free initial consultation by calling us toll-free at 1-866-558-9151 or contacting us online.
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