Injuries can occur when you least expect them. Whether they stem from a fall in a public place or a car crash on your way home, these injuries can have a tremendous impact on your life. A serious accident can lead to extensive medical bills, which can be challenging to pay if you missed work due to your injuries. Thankfully, if you were hurt in an accident due to the negligence of another person, you may be entitled to damages from the responsible party.
A skilled attorney could help you recover the compensation you deserve. To learn more about your legal options, reach out to an Opelousas personal injury lawyer.
Establishing Negligence in a Personal Injury Lawsuit
Seeking compensation for an injury is only possible in certain circumstances. In most cases, an Opelousas personal injury attorney must prove that the defendant was negligent in order to recover damages. Under Louisiana law, there are four elements a plaintiff must establish to prove negligence:
- Duty of care
- Breach of the duty of care
Duty of Care
The first step in establishing negligence is demonstrating that the defendant owed the plaintiff a duty of care. The duty depends on the circumstances surrounding the injury. In some injury cases, including those stemming from a vehicle crash, the duty of care is rarely at issue. In other cases, including injuries that occur on the premises of another person, the existence of a duty to the plaintiff is central to the case.
Next, the plaintiff must establish that the defendant breached the duty owed to the plaintiff. Establishing a violation of the duty owed to the plaintiff is one of the primary roles of an Opelousas personal injury attorney.
The third element of negligence in an Opelousas personal injury lawsuit is causation. A plaintiff may only recover compensation for damages proximately caused by the defendant’s breach in the duty of care.
Finally, a plaintiff must establish that the injuries caused by the defendant resulted in actual damages. The compensation available in an injury lawsuit can cover a wide array of losses, including physical, psychological, and economic losses.
For a free legal consultation with a personal injury lawyer serving Opelousas, call (337) 777-7777
Damages Available in a Personal Injury Case
There are two main types of damages available in an Opelousas personal injury case: economic damages and non-economic. Economic damages are measurable, which means their exact value is reflected by documents like medical bills or invoices. Non-economic damages are the opposite, in that they do not have a measurable value. A jury must determine the value of non-economic damages by listening to the testimony of the plaintiff and other witnesses. A common example of non-economic damages is pain and suffering.
The damages commonly sought in a personal injury lawsuit include:
- Medical bills
- Pain and suffering
- Lost wages
- Diminished future earning capacity
- Loss of companionship
- Loss of consortium
- Property damage
Opelousas Personal Injury Lawyer Near Me (337) 777-7777
Call an Opelousas Personal Injury Attorney
Whether your injury stems from an accident or a wrongful act, you deserve to recover compensation from the person responsible. With the guidance of skilled legal counsel, you have an opportunity to pursue damages for all of your losses. Contact an Opelousas personal injury lawyer today to learn more about your legal options.