Personal Injury Lawyers

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Personal Injury

Louisiana Civil Code 2315 reads, in pertinent part, “Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it” This is the foundation of Louisiana Tort Law in which personal injury is located. Essentially, any injury or damage caused to you by another person or thing allows for you to recover your damages. Louisiana uses the duty-risk analysis to determine if the other party is negligent and thereby liable for the injured party’s damages. It has 5 pronges, which are briefly described below.

Cause in Fact: was the alleged breach by the defendant the cause in fact of the injuries or damages?
Duty: did the defendant owe the injured party a duty?
Breach: What was the duty? (Generally, there is a duty to behave as a reasonable, ordinary, and prudent person) and was there a breach of the duty?
Scope: should this defendant be responsible to this plaintiff for these damages?
Damages: Were damages suffered by the plaintiff?

If all of theses prongs are met, the plaintiff is able to recover for their damages. Though some injuries fall withing specific aspects of the law, the majority of injuries suffered will involve this process.