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Personal Injury Basics: Duty of Care

Imagine that you’re driving home one evening after a late night at the office, anticipating a relaxing dinner with your spouse. Suddenly, at the intersection of Highway 90 and Gravier, a distracted driver runs the red light and hits your vehicle, leaving you with head trauma and other serious injuries.

Every day, people across Louisiana are injured in accidents caused by another party’s negligence. If this happens to you and that party owes you a duty of care, you may be able to pursue a personal injury claim against them for breaching that duty.

What Does Duty of Care Mean?

We all have a duty to act in a manner that is both reasonable and prevents injury to others. Should anyone fail to meet this duty, they can be held liable for any injuries that result from their actions or omissions. With some parties, like medical professionals, their duty to prevent harm can be higher than anyone else’s.

In your case, you were driving through the intersection because you had the green light. The other driver was too busy texting to see the red light, causing them to crash into you. They breached their duty of care to operate the vehicle safely, and you can sue them for damages.

Other examples of duty of care being breached include:

  • A homeowner knows that their front steps are loose but doesn’t fix them or prevent people from accessing those steps, resulting in an injury.
  • A manufacturer sells a product with obvious design flaws that make it dangerous to consumers.
  • A medical professional fails to provide the same level or quality of care that another doctor with similar training would provide, resulting in injury to the patient.

How is Fault Established?

To claim damages, you need to prove how the other party’s conduct was negligent in that particular situation. In Louisiana, the four elements below need to be successfully established.

  • The other party owed you a duty of care
  • They breached that duty of care
  • That breach caused you to be injured or become ill
  • You suffered damages as a result of your injuries or illness

When you are injured because someone who owed you a duty of care was careless or negligent, you may be able to claim compensation for current and projected medical bills, lost wages, loss of future income, and pain and suffering. A caring and compassionate Louisiana personal injury attorney will be your advocate during negotiations with the insurance company and in court if necessary.

Contact the Bagneris Firm Today

At the Bagneris Firm, we have a combined 40-plus years of experience protecting the rights of Louisiana personal injury clients. When the negligent conduct of an individual, business, or government office leaves you with life-changing injuries, we will prepare and aggressively pursue a legal strategy to get the compensation you are entitled to. To schedule a consultation, please call 504-810-3995 today.

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Bagneris Law Firm

The Bagneris Firm is an experienced civil litigation firm with decades of combined experience serving both plaintiffs and defendants in a wide-range of different cases including personal injury and business disputes. Our firm is based out of New Orleans, and we serve clients throughout Louisiana. Attorneys Emile and Suzette Bagneris have a long and impressive careers with experience training insurance adjusters and risk managers, representing large corporations and insurance companies, and helping individuals and businesses with all aspects of their legal cases. The fact that we have represented clients on all sides of legal issues allows us to better predict what will happen and prepare an effective strategy to help our clients.

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