The term “negligence” is not too difficult to understand. Some of the synonyms include carelessness, inattention, and unpreparedness, which are words we encounter frequently in our daily lives. Each of these terms can be applied to the definition of negligence under the law in Louisiana and other states.
According to the Legal Information Institute, “Negligence is the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances. Either a person’s actions or omissions of actions can be found negligent.” Many of the terms used in this definition must be defined themselves.
What is a reasonable person? Who gets to decide? Do reasonable people act differently under different circumstances in different situations? How can a lack of action or omission of action be defined as negligence?
To make matters even more complicated, different jurisdictions have different ways of applying the law to negligence. Even if someone is found to be negligent, how that negligence is measured according to legal theories can be different from state to state. In addition to a “pure” negligence theory, other theories of negligence include contributory negligence and comparative negligence. The latter theory is applied in Louisiana, where a Metairie personal injury attorney can help ensure you understand how these principles apply to your specific case.
What Are the Elements of Negligence?
The legal system requires that several levels of action be proven at a higher standard than what you might consider to meet the definition. They are much more structured and must be satisfied one by one under legal standards that the average person may not comprehend. This is one reason that having a Louisiana attorney who is familiar with these factors can be the difference between proving negligence against another person or not.
The elements of legal negligence include:
- A legal duty that was owed to the plaintiff by the defendant
- The defendant breached that duty
- The plaintiff was harmed
- The defendant’s actions or omission of action caused the harm suffered by the plaintiff
Each of these elements can be broken down on its own. Most of them use terms that anyone can understand, even in a legal sense, such as a “breach” of a duty that was owed to the other driver. Also, running a stop sign and whether “harm” was caused, which is usually easy to determine when you see a damaged vehicle or know that someone else went to the hospital with injuries.
“Proximate cause” and “cause-in-fact” may be somewhat unfamiliar outside the legal realm. The “but-for test” is used to determine liability. While the term may be unfamiliar outside of the courthouse, it shouldn’t be that difficult to interpret.
The test is that “but for” the actions of a party, the other party would not have suffered the damage or injury. For example, if a driver runs a red light and hits another vehicle and the driver of that vehicle ends up in the hospital with a broken leg, the driver of the vehicle that was hit would not have a broken leg “but for” the driver who ran the red light.
How Is Negligence Proven?
The following evidence is often used to establish negligence:
- Bills
- Photos
- Videos
- Surveillance footage
- Invoices
- Receipts
- Pay stubs
- Repair estimates
- Accident and incident reports
If you can prove, using strong evidence, that the opposing party acted negligently, you may be able to recover compensation.
What Is Comparative Negligence?
States follow theories such as contributory negligence and comparative negligence.
Louisiana is a comparative negligence state. This theory compares the fault for the accident between the two parties and then assigns a percentage of fault. The suing party can only recover to the extent of the other party’s comparative fault. For example, a driver slams on the brakes to avoid running a red light after approaching an intersection too quickly, and a second driver hits the first vehicle from behind, causing injury to the driver of the first car.
In most situations, a vehicle that hits another from behind is almost always found to be at fault and may be held 100% liable for any damage and injuries that result from the accident. In this scenario, the first driver may be found to be 40% liable for trying to run a red light, causing the second driver to crash into the vehicle. If the jury awarded the first driver $100,000, the award would be reduced to $60,000 under the law of comparative negligence in Louisiana.
A Personal Injury Lawyer Can Help With Your Negligence Claim
If you were injured due to the negligent conduct of someone else, you may be entitled to compensation for your injuries, financial losses, and emotional suffering. A skilled personal injury lawyer may be able to help you pursue compensation for medical expenses, pain and suffering, property damage, lost wages, out-of-pocket expenses, and more.
Contact a personal injury lawyer at Law Office of John W. Redmann, L.L.C. as soon as possible for help with your negligence claim and learn more about your legal options. You can call us at (504) 500-5000.