Personal Injury Law Firm in Metairie, LA

Personal Injury Claims in Louisiana

The fundamental elements of a personal injury claim include establishing negligence, causation, harm, and damages as follows.

Negligence 

For a successful claim, it’s imperative for you as the “plaintiff” to prove that the defending party failed to act with reasonable care, resulting in a breach of this duty. This involves showing that the defendant was responsible for acting a certain way and failed to do so.

For example, suppose Jane was involved in a car accident after distracted driver John ran a red light and collided with her vehicle. Jane sustained multiple injuries requiring surgery and long-term physical therapy. Jane’s attorney must demonstrate that John owed a duty of care to other drivers, which he violated by driving inattentively and ignoring a red light.

Causation

Establishing causation means proving a direct link between the defendant’s negligence and the injury sustained. This component requires demonstrating how the negligent action or inaction directly led to the harm experienced by the plaintiff.

In the above example, Jane’s attorney must link John’s failure to observe traffic signals directly to the collision that caused Jane’s injuries. Eyewitness testimonies and traffic camera footage would be instrumental in proving this causal relationship.

Harm

The plaintiff must show that they suffered actual harm due to the incident. This harm might be physical, but it can also be psychological or emotional. To show harm, Jane must present medical records detailing her injuries from the accident, corroborating the physical and possibly psychological trauma she endured.

Damages

Finally, the plaintiff must prove they have incurred damages because of the harm. Damages, like medical expenses and lost wages, can be quantifiable or more subjective, like pain and suffering or emotional distress. Documentation and expert testimony often play critical roles in establishing the extent of these damages.

Jane is entitled to claim damages for her medical bills, the income she lost during recovery, and potential future earnings lost due to her injuries. Additionally, she may claim pain and suffering and loss of enjoyment of life, which a pain management specialist’s testimony could help quantify.

Collectively, these elements would establish a solid personal injury claim on Jane’s behalf. In the process, her attorney would assemble a detailed case involving tangible proof of negligence and causation, documentation of the harm suffered, and a thorough accounting of all associated damages.

Whether you have been injured in a car or truck accident, industrial or offshore accident, or some other negligence-based or deliberate injury attack, the Law Office of Ivan J. Thompson will work fiercely to help you secure the full and fair compensation you deserve in your personal injury claim or lawsuit.