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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Comparative negligence and motor vehicle accidents

On Behalf of The Truitt Law Firm, LLC | Aug 17, 2020 | Motor Vehicle Accidents

A motor vehicle accident can be an overwhelming ordeal for an individual who has been accused of being the cause of the incident. After a collision in Covington, an individual may discover that they are being sued by the other person involved in their crash for damages related to their losses. When a personal injury lawsuit arises, getting legal help can be a useful step for a person facing a civil lawsuit.

This post does not offer any legal advice and provides only general information on negligence laws in the state. Specific help with legal problems should be directed to attorneys who are familiar with the individual cases and who can provide tailored advice and support.

Negligence: A common personal injury theory of law

Many vehicle accident cases are based on negligence, which purports that the allegedly responsible party did not act reasonably in the situation that gave rise to the alleged victim’s losses. In order to successfully plead a claim of negligence, an alleged victim must prove that the allegedly responsible party owed them a duty and that they breached that duty. They must prove causation between the actions of the allegedly responsible party and their losses. They must show that they suffered damages due to the actions of the other.

Comparative negligence in Louisiana

A claim based on negligence may be straightforward, but defenses and other legal strategies can help individuals who have been accused of causing personal injury losses. One such option is the theory of comparative negligence. Comparative negligence does not claim that the accused party is fully innocent, but rather that the allegedly victim was also, to some degree, responsible for their own losses. When an alleged victim is partially responsible for their own harm, the amount of damages that they can recover can be reduced in proportion to their percentage of responsibility for the accident that caused their losses.

Negligence is a complex legal concept. This post should not be read as legal counsel. Individual case support should be sought from knowledgeable personal injury lawyers.