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St. Helena Parish Personal Injury Lawyer

Regardless of the specific cause, suffering an injury due to the negligence of another person can be significantly distressing. While going through slow physical recovery, you may also have to deal with significant financial fallout related to your injuries. To make matters worse, your medical bills can accumulate while you are missing work, leaving you in a financial hole.

An experienced attorney may be able to help you relieve your financial stress. If you suffered an injury due to the negligent actions of another person, you could take proactive legal action with the help of a skilled St. Helena Parish personal injury lawyer.

Negligence in a Civil Lawsuit

To recover damages in a personal injury lawsuit, the plaintiff must show that the injuries were the direct result of negligent behavior by the defendant. In a typical case, this entails demonstrating the four essential elements of legal negligence either during private settlement negotiations or at trial.

The plaintiff first must show the defendant owed the plaintiff a duty of care. Next, the plaintiff must prove that the defendant breached the duty owed to them by acting recklessly or carelessly.

The plaintiff then must establish that the accident in question only occurred due to the defendant breaching their duty of care to the plaintiff. Finally, there must be demonstrable injuries to the plaintiff for a negligence claim to succeed. An experienced St. Helena Parish personal injury attorney can help collect the evidence necessary to prove these elements of negligence in an injury lawsuit.

Pure Comparative Fault in St. Helena Parish

Some states bar injury victims from recovering damages if they bore any responsibility for the incident that caused their injuries. In Louisiana, however, courts allow injured parties to receive some compensation for their injuries even if they are partially at fault. This legal concept is known as pure comparative negligence.

Louisiana Civil Code Article 2323 establishes the pure comparative negligence system that courts follow. Under this statute, a civil court determines the degree to which each involved party is at fault for an accident and then reduces the plaintiff’s reward in proportion to their assigned percentage of fault.

Pure comparative fault allows a plaintiff to recover damages even if the jury finds them to be primarily responsible for the accident. A St. Helena Parish personal injury lawyer may be able to review a case to determine the amount of damages an individual plaintiff may be entitled to if they are found partially at fault for their injuries.

Call a St. Helena Parish Personal Injury Attorney

Determining whether or not the party responsible for your injury is legally negligent can be complicated. Legal counsel can act as your guide through this process to ensure that the responsible party is held accountable.

If you are filing a civil lawsuit, you may benefit from discussing your case with an experienced St. Helena Parish personal injury lawyer. An attorney can set expectations on the legal system and your prospects for recovering your damages. Call today to schedule your initial consultation.