What is a workers’ compensation claim?

Workers’ compensation is government-mandated injury insurance for employees, overseen by the state. It enables injured workers to recover medical care and other benefits without bringing lawsuits against their employers. Employers may pay for workers’ compensation insurance for their employees, or they may be self-insured and handle workers’ compensation claims directly.

What is a personal injury case?

Through an injury claim or civil litigation, an injured person may pursue compensation with evidence that someone or some organization has caused an accident that injured them through negligence.

What is a third-party liability claim?

A third-party liability claim against a negligent person or organization that is not an injured person’s employer is separate from a workers’ compensation claim. An injured worker may find relief after an on-the-job accident or occupational illness through both types of legal actions.

When someone commits wrongdoing or fails to take reasonable precautions to protect the well-being of others, these actions or omissions are called negligence.

A person, business or government agency that is held to be obligated or responsible for compensating someone for injuries and losses is said to be liable.

What are ‘damages’ in a personal injury or premises liability case?

The legal remedy for negligence – usually money that someone may need to pay to cover a plaintiff’s injuries or losses – is often called “damages.” In addition, punitive damages may serve as punishment for negligence.

What is premises liability?

A property owner or manager is considered responsible for the well-being of people who work in, live in or visit their buildings or land. Through a premises liability claim or lawsuit, a store owner or parking lot manager may be liable to compensate customers for on-site injuries.

What is a maritime injury?

Typically, a maritime injury in the United States is one that hurts a worker or passenger on a vessel in U.S. navigable waters. Shore-based accidents may also pertain to the maritime industry.

How are maritime injuries covered?

A maritime accident may be compensable through federal Jones Act claims and other state and federal laws governing vessels on navigable waters, such as rivers and ocean waters.

What is a soft-tissue injury?

A sprained ankle, a herniated disk and neck strains caused by torn muscles or tendons are all examples of soft-tissue injuries.

What is a catastrophic injury?

A life-altering spinal cord injury, traumatic brain injury (TBI) or amputation that may require disability accommodations and personal care for the rest of the injured person’s lifetime is considered to be catastrophic.

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Asserting negligence claims against the driver liable for your accident

On Behalf of The Truitt Law Firm, LLC | Jul 29, 2020 | Motor Vehicle Accidents

Car accident victims who manage to survive a serious car accident may struggle physically, emotionally, and financially for many months after the accident. In fact, many victims find that they are never fully able to recover from the devastating consequences of the accident. Accidents caused by negligent drivers are particularly devastating, as they could have been avoided if the at-fault driver had taken his or her responsibilities seriously.

Victims of car accidents in Louisiana have the option of filing a lawsuit against negligent drivers to cover the expenses not covered by insurance. If you are filing a lawsuit against a negligent driver, you will need to establish the four elements of negligence including:

Duty
Breach
Causation
Damages

Duty

All motorists owe a duty to other motorists and persons on the road and are required to adhere to all traffic laws and exercise reasonable care when driving.

Breach

When a motorist fails to drive in a reasonably safe manner, the duty owed to other motorists has been breached. In most accident cases, any violations of traffic law constitute a breach. Some common breaches include:

Driving at an excessive rate of speed
Driving under the influence of alcohol or drugs
Failing to keep a proper lookout
Failing to yield the right-of-way
Driving while distracted

Police reports, eyewitness testimony, and expert testimony can all be used to show that a law was violated and that a driver was negligent behind the wheel.

Causation

Proving that a driver operated their vehicle negligently is not enough to establish negligence. You will also need to show that their negligence caused the accident to occur. Proving that the accident would not have occurred but for the driver’s negligence and that the accident was reasonably foreseeable can establish causation. Expert testimony from accident reconstructionists and medical experts can help prove causation.

Damages

Finally, you must show that the accident resulted in injuries and damages. Presenting medical records and testimony from your doctors and medical experts can prove that your injuries were caused by the accident, and therefore were caused by the other driver’s negligence

Filing a negligence claim can be challenging, particularly while you are struggling to recover from an accident. A personal injury attorney in your area can help with every step of the legal process and help you get the compensation you deserve after an accident.