What Is A Plaintiff? How Does It Apply To A Personal Injury Case?
A plaintiff is the person or entity who initiates a lawsuit exercising legal recourse for injuries or damages they have suffered. For example, if you were injured in an auto accident due to another driver’s negligence and you file a lawsuit against that driver or their insurance company, you would be the plaintiff in that case.
What Does Liability Mean In The Context Of Louisiana Personal Injury Law?
In very simple terms, liability refers to the legal responsibility for damages that a person has suffered due to another person’s or company’s actions or inactions. Continuing with our auto accident example, if you caused an auto accident due to your negligence, you would be legally liable for the damages suffered by the other driver, incurred as a result.
How Is Negligence Defined? Why Is It Important?
Negligence is defined as the breach of a legal duty that you owe as a citizen. For example, when driving, you have a duty to follow traffic laws, such as stopping at a red light. If you run a red light, you’ve breached that duty. This breach is considered negligence. Negligence is important because it establishes fault in personal injury cases, determining who is responsible for damages.
What Are Damages? What Types Of Damages Can You Claim?
Damages refer to the compensation you’re entitled to recover due to someone else’s negligence. There are two main categories:
Special Damages
These cover specific, calculable expenses like medical bills, pharmacy costs, and lost wages.
General Damages
These address non-economic impacts such as pain and suffering or mental anguish. The amount you can claim depends on the severity and circumstances of your injury. You may additionally claim damages for disfigurement if you suffer permanent scarring from an accident.
What Does Settlement Mean In Personal Injury Claims? How Is It Reached?
Settlement is when both parties agree on a compensation amount to avoid going to trial. It’s a compromise where the plaintiff accepts a monetary offer to dismiss the case.
What Is The Difference Between A Trial And A Settlement?
In a trial, you present your case in court to a judge or jury, who then decide if you’re entitled to damages and how much. A settlement, on the other hand, is when both parties agree on a payment to resolve the case without going to trial.
What Does Burden Of Proof Mean For Your Personal Injury Case?
Burden of proof refers to what you must prove to be entitled to damages in a personal injury case. In Louisiana, this is done by a preponderance of the evidence in a civil case, meaning your evidence must slightly outweigh the defendant’s evidence to meet the standard required.
What Are Statutes Of Limitations? How Do They Affect A Claim In Orleans Parish, LA?
In Louisiana, we refer to the statute of limitations as prescription. This is the legally allowed time to file a lawsuit.
For Louisiana personal injury claims, you previously had one year from the date of the accident to file a lawsuit. But this has recently changed to two years. Missing this deadline means losing the right to file, although there are some limited exceptions to this rule.
Thus, while other states use statute of limitations, it serves the same purpose as our prescriptive periods, defining the timeframe to file various lawsuits.
How Is Compensation Calculated In Personal Injury Cases?
Compensation in personal injury cases is calculated by combining special damages—like medical bills, prescription costs, and future anticipated medical expenses—with general damages, such as pain and suffering, mental anguish, and anxiety. Together, these two categories determine the total compensation you’re owed in a personal injury case.
What Is An Insurance Adjuster? What Role Do They Play In A Personal Injury Case?
An insurance adjuster is the insurance company’s employee who is responsible for handling a damages claim. They investigate the accident, decide if the company should pay the claim, and often negotiate the settlement amount. If you’re a claimant, keep in mind that the adjuster works for the insurance company, and is not looking out for your best interest.
The Importance Of Learning About The Personal Injury Claims Process
The personal injury claims process can be complex and take a significantly long time to reach a resolution or trial. It’s vital for you to understand how it works to avoid frustration, and know what’s needed for a successful claim. At our firm, we focus on educating our clients so they’re better prepared to navigate the process, whether settling with the insurance company or pursuing litigation to trial.
Still Have Questions? Ready To Get Started?
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