What Is a Personal Injury Compensation Lawsuit?

Imagine being a victim of a road accident, medical malpractice, a slip and fall case, or even a product malfunction and finding out the cause is someone else’s negligence. You will probably feel wrong, as no one prepared you for this. And the fact that it is because of someone else’s negligence means it could have been prevented. 

Fortunately, a personal injury compensation lawsuit offers a road to justice for victims. But how does it work? What does it entail? What does it seek to do? Read on to find out. 

What Is the Role of a Personal Injury Compensation Lawsuit?

Personal injury law is a part of the Louisiana civil justice system. It’s there to ensure negligent citizens pay for their actions and victims of such negligent actions get justice. 

With that in mind, here are some of its core functions:

• Provides Justice- The fundamental role of personal injury law is to provide a path to justice for victims. Suppose you spent a lot of money on medical expenses due to an injury that was another’s fault. In that case, personal injury law allows you to seek compensation from the at-fault party for these expenses. 

• Financial Compensation- Apart from the physical and emotional pain, victims of personal injury also undergo financial strain due to the impending medical bills, lost wages after missing work, and damages to their property. Personal injury aims to redress these victims by compensating for the resources spent. 

• Deterrence-  This branch of civil law also sends a message of deterrence to the community. When people are aware that driving negligently and other careless actions can get them in hot soup, they are more likely to be cautious. 

The Four Pillars of a Personal Injury Case

The same four pillars govern all personal injury cases involving negligence. They are listed below

• Duty of Care- For any personal injury case to hold merit, there must be a link between the plaintiff and the defendant. This factor brought them together, and it is a duty of care towards one another where each of them is expected to mind the safety of the other in their actions or lack thereof. 

• Breach of Duty of Care- Once a duty of care is established, the plaintiff must show that the defendant failed to uphold it. For instance, they could show that the driver breached their duty of care by carelessly weaving in and out of traffic, mindless of others’ safety. 

• Causation- Next up, the plaintiff must prove that this breach of duty of care led to their injuries. In a car accident case, the plaintiff must prove that the defendant’s careless driving caused the accident that caused them injury. 

• Damages- Finally, the plaintiff must show that the incident caused damages, including medical expenses, lost wages, pain and suffering, and loss of quality of life. 

As you may have been able to discern from the pillars of negligence listed above, the burden of proof falls squarely on the plaintiff. They are responsible for providing evidence of their claims and proving liability. 

For these reasons, it is best if you enlist the services of a qualified Louisiana personal injury attorney. “A good lawyer knows what evidence augments the claim's credibility. They will collect, review it, and even engage with other professionals for analysis,” says personal injury lawyer Joseph G. Kopfler of Kopfler & Hermann.

On top of that, your lawyer will track down and interview witnesses as well as hire expert witnesses. The best part is that you may not have to pay any fee upfront, as most personal injury attorneys work on a contingency basis. It means that you and your attorney will agree on a percentage of the compensation they will be entitled to once they win the case.