What Is Personal Injury Law?
Personal injury law covers harm caused by another person's or entity's act or omission. In a successful personal injury case, the person who suffered the injury (the plaintiff) has a right to pursue monetary compensation from the individual who caused the harm (the defendant). This compensation is intended to return the injured party to their pre-injury state.
The goal is to make you whole again, financially and in terms of non-economic losses.
What Are the Most Common Types of Personal Injury Claims?
According to data published by the Louisiana Department of Health, injuries are the leading cause of lifelong disabilities and death in Louisiana among people 44 and younger. Our Covington personal injury lawyers handle a range of personal injury cases, including but not limited to:
The filing process differs for each case type. Our personal injury lawyers in Covington have the knowledge to assist you in pursuing your injury claim.
How Do You Prove Negligence in a Covington Personal Injury Case?
To win compensation in a Louisiana injury case, you must prove the accused was negligent when they caused your injury. Negligence is a tort defined as the failure to exercise a reasonable or appropriate level of care to ensure others do not get injured. It is the basis for most personal injury claims, from car to oil field accidents.
To prove negligence in Louisiana, you and your attorney must present evidence to demonstrate the following elements:
- The party in question owed you a legal duty of care.
- That party breached their duty of care.
- There is a sufficient link between that party's breach of duty and your injuries.
- You suffered verifiable harm because that party breached their duty of care.
A skilled personal injury lawyer in Covington can help you gather evidence to prove another party is liable for your accident.
When the Defendant Broke a Safety Law
Some states presume negligence when a defendant breaks a safety statute, a doctrine called negligence per se. Louisiana does not (Faucheaux v. Terrebonne Consol. Gov't, 615 So.2d 289 (La. 1993)). A broken statute or regulation is evidence of fault, and the case still shows that the rule was meant to prevent this kind of harm and that the violation caused it.
For example, a drunk driver who causes a truck accident breaks Louisiana's drunk driving law. That violation is evidence of fault, and when the intoxication helped cause the crash and the driving showed wanton or reckless disregard for others, it can also support punitive damages (La. C.C. Art. 2315.4).
Intentional Torts
An intentional tort is any deliberate act or omission that causes harm to property or a person. Examples of personal injury cases resulting from intentional torts include:
- Assault
- Sexual assault
- Wrongful death from intentional acts
Intentional tort cases are complex, and recovering damages can be difficult because insurance generally does not cover damages when a person commits an intentional tort. Our legal team handles these cases.