Baton Rouge, LA – When people think of personal injury lawsuits after an accident, there may be some confusion regarding what a lawsuit actually entails and how the victim gets paid. Anyone who is considering a lawsuit after an accident should realize that there are a few crucial components to these kinds of cases that must be established, otherwise the victim cannot collect any money at all. Their attorney’s job is to ensure that all elements of the case are shown through the evidence and legal argument.
A plaintiff can only collect from the person or business they are suing if they can meet the burden of proof to show the defendant was actually responsible for their losses. This is done with the help of evidence and argument from the plaintiff’s lawyer, however the proof needs to be present in some form. In a negligence case, liability generally comes from a breach of the standard duty of care that is relevant to the incident in question. This is shown through reckless behavior, violations of laws or regulations, or even a simple mistake that resulted in serious consequences.
Losses or damages
There can only be a lawsuit if the victim has to deal with some kind of tangible, real loss after the defendant’s mistake. A mere potential for loss or prospect of harm will result in the case getting dismissed due to no injury in fact. Damages are also important because they dictate the monetary value of the lawsuit. Someone who has lost wages, medical bills, and trauma associated with an accident may be able to collect larger amounts if their injuries are serious. The reason many forms of insurance exist is to protect the person from this kind of financial liability through lawsuits.
The initial pleading
An important part of the personal injury case is the initial documentation that is filed to start a negligence action. This can include a summary of the facts related to the accident, legal argument as to why the defendant is at fault, and the listing on damages. The defendant responds to these allegations, and the discovery process to exchange evidence and information can start after both parties have notice of the lawsuit. Most cases will settle after a certain amount of information has been passed back and forth and it is clear that liability can be shown if the case went to trial.
Injury lawsuits in Baton Rouge
Miller, Hampton, and Hilgendorf are attorneys who dedicate their time to accident lawsuits in the Baton Rouge area. Anyone who needs help with the process of filing a lawsuit and in court representation can schedule a meeting with the firm.
Firm contact info:
3960 Government St., Baton Rouge, LA 70806