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What are the components of a personal injury lawsuit in Louisiana?

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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. 

Proving liability

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:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205

www.mlhlaw.com

Which roads are the most dangerous in the West Palm Beach area?

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West Palm Beach, FL – There are various road conditions that can increase the likelihood of an accident. These include traffic, bad weather, lack of a police presence, large intersections, construction work, intoxicated drivers, and high speeds. Certain types of roads are more prone to collisions than others because these conditions tend to be present regularly.   

Highways and interstates

All of Florida’s highways are known to be dangerous due to large amounts of high speed traffic, which can include huge semi trucks, motorcycles, and even pedestrians walking along these roads illegally. If a driver involved in a highway crash was speeding, it is much more likely that there will be fatalities or life changing injuries. Interstate 95 and the Florida Turnpike are known to have accidents regularly. 

Busy intersections

Some large intersections can have confusing traffic patterns, sudden stops at red lights, and cars turning against traffic going in the opposite direction. Palm Beach County has a number of different areas where crashes regularly happen due to congestion, backups, and visibility issues.  

Rural areas

Despite the general trend of accidents happening in places where there is a lot of traffic, rural roads are actually some of the most dangerous and likely to experience fatal crashes in the United States according to the federal government. Highway safety experts have attributed these problems in rural areas due to higher speeds on open roads, wildlife crossing rural roadways, less seatbelt use, and more drunk drivers. 

Palm Beach County has roads that go through rural areas in the western part of the county near the Everglades. 

Lawsuits that help accident victims

When someone is injured in a car crash, the legal process can help. All drivers can first contact their insurance company and make a claim. This will usually pay for property damage and some medical bills, but serious accidents often require the services of a lawyer as well. The personal injury attorney who represents the victim can ask for an amount from the defendant that covers medical treatment and recovery, lost wages and income, property damage, and non-economic losses due to pain and suffering. If the defendant was clearly at fault for the accident, the case may possibly end quickly with a settlement agreement. More specific information about dollar amounts and the duration of a lawsuit requires advice from a local attorney.  

Local injury attorneys in Florida

Smith and Vanture represent accident victims in the West Palm Beach area during the course of a personal injury lawsuit. Local clients can schedule a meeting with the firm to discuss their situation and determine if a civil case against the person responsible for a collision is necessary. 

Firm contact info:

Smith and Vanture

580 Village Blvd. Suite 200, West Palm Beach, FL 33409

561-684-6330

[email protected]

smithvanture.com