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Negligence Laws in Louisiana

Negligence Laws in Louisiana

An accident that causes serious injury can happen in any number of situations. You might be rear-ended at a stop light, or you might be hit by a speeding semi-truck driver as you attempt to merge onto the interstate.

Who is to blame for the wreck? Can you hold that person financially responsible for your property damage and medical expenses? 


Negligence Laws and Accident Cases

When you sue for damages caused by negligence, you must prove several things. First, you must demonstrate that the other party owed you a duty of care, and that they committed a breach of duty by failing to meet it.

Next, you must prove cause in fact—essentially, that you would not have been injured were it not for the other party’s breach of duty. 

Finally, you must prove proximate cause—that the other party’s breach of duty caused your injuries—and damages—that you suffered a loss due to the breach of duty.


Negligence Laws in Louisiana

In Louisiana, you must prove that the other party failed to fulfill a duty of care. In our example with the semi-truck above, you can prove that the other driver breached his or her duty of care by speeding. This might allow you to sue for negligence. 

However, negligence laws vary by state. In Louisiana, the law uses what’s known as comparative fault. This means that the law will hold everyone involved in the accident responsible, to the extent that each party can be proven at fault. 

For example, if you didn’t use your turn signal or check oncoming traffic before merging into lanes, the amount of compensation you’re eligible for could be reduced by the percentage of fault you were found responsible for.


Baton Rouge Injury Attorneys

Navigating negligence laws and seeking compensation for damages can be difficult to do by yourself. Spencer Calahan Injury Lawyers has the experience and determination you need on your side to ensure that you get the full compensation you deserve.

If you or someone you love has been injured in an accident that was someone else’s fault, let us help you obtain compensation for your damages. Contact us at 225-387-2323 or fill out the form on our website to schedule a free consultation today.

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Spencer Calahan Injury Lawyers


With over 125 years of combined experience, Spencer Calahan Injury Lawyers knows how to get real, tangible results for injury victims in the Baton Rouge area. We promise our clients larger settlements than what the insurance initially offers—even after our fee is deducted—because we know that we can deliver.... View full business profile here: Spencer Calahan Injury Lawyers





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