Posted on July 29, 2016
Being involved in a motor vehicle collision can be traumatizing for a victim or — in the event of a fatality — for his or her surviving family members. Those crashes resulting from the negligence of others leave victims or their loved ones with the opportunity to file civil claims against the party deemed responsible. An individual who has been injured or lost a loved one in a car accident in Louisiana or elsewhere can seek guidance from an experienced attorney in order to gain a better understanding of what actions they may be able to take.
Many car accidents result from one party’s negligence. Determining whether one was negligent involves several factors. For instance, one has to prove whether the party allegedly at fault failed to fulfill his or her legal duty of care. A breach of duty occurs when the responsible party either did or did not do something that a reasonable person would have done in the same situation.
If there is found to have been a breach, then it has to be established in court that this negligence did, indeed, cause the victim’s injury or death. If litigation is successful, it is at this point that the damages or expenses resulting from this negligence can be determined. Compensation may be granted for anything that is deemed recoverable in accordance with applicable state laws.
Pursuing legal actions in a Louisiana civil court following a car accident can be a difficult task, as proving negligence is not always easy. However, with the assistance of legal counsel, victims of such incidents — or in the event of a fatality, their surviving family members — may be able to do this successfully. If this goal is accomplished, individuals and/or their loved ones may receive monetary relief for any economic suffering endured as well as compensation for any resulting emotional and/or physical distress.
Source: FindLaw, “Proving Fault: What is Negligence?“, Accessed on May 25, 2016