What is the proximate cause of an injury in Sorrento?

Sorrento, LA – People who have been hurt by other parties have the right to sue for compensation for their medical costs and other losses. Most of these kinds of cases are brought under the doctrine of negligence. Louisiana and other states have similar negligence laws, where the plaintiff must meet all elements before they can collect any money. Among these elements is the proximate cause, which is used to show that the actions of the defendant were directly related to the injury in a certain way. A further explanation of the elements of negligence can be obtained from a local attorney in Louisiana

Elements of a negligence action

All personal injury cases must show the basic elements of negligence to be successful. This is a duty of care based on what a reasonable person would have done in the same situation, a breach of the duty of care, actual and proximate causation of the injuries, and specific damages or losses caused by the defendant’s actions. If even one of these elements is missing, the plaintiff cannot collect any money.

Proximate cause in legal terms

A proximate cause is essentially a direct cause of any event. In most situations, the proximate cause is the final act or incident that leads to an injury. This concept is meant to limit the extension of liability to many parties who may have only been remotely involved in any accident. While there have been some different analyses of this term by various courts throughout the country, liability is usually only extended to the most direct person and their actions which caused an injury. This can also be a very fact sensitive analysis depending on the specific individuals involved and what they did leading up to the plaintiff’s injury. There can also be multiple parties who are considered partially liable for an injury under the doctrine of comparative negligence used in Louisiana and other states.

How does this affect compensation?

If one party is clearly responsible for the direct cause of the plaintiff’s losses, they will need to pay out the amount of damages at issue in the case. It is also possible that the plaintiff and others can be held liable in varying amounts, and compensation will be reduced accordingly and proportionately.

Advice from local injury attorneys is available

Miller, Hampton, and Hilgendorf is a trusted accident law firm in Louisiana. Their lawyers are available to help people in Sorrento with the process to receive compensation.

USAttorneys.com is a web directory of lawyers in every jurisdiction around the country. People who need a referral to a licensed attorney can call 800-672-3103 to get connected.

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205