What are the grounds for a personal injury claim?

On Behalf of | Apr 15, 2021 | Personal Injury |

In Louisiana, a personal injury claim is based on the actions of another party. The claim is based on an injury that occurs because another person’s actions do not live up to the legal standard. A claim for compensation may be based on negligence, strict liability, or intentional wrongs.

Negligence personal injury claims

Negligence personal injury claims are based on a lack of reasonable care under the circumstances. Examples of negligence may include violating a traffic law, jostling someone in a crowded place, or leaving an object where someone may trip over it. Even though negligence is not intentional conduct, the victim of negligence may claim full compensation for his or her injuries under Louisiana law.

Strict liability personal injury claims

In some cases, a personal injury legal claim may be based strictly on the malfunction of a product itself. Misconduct is not required in cases where strict liability applies. A seller who controls the design, construction, or quality of a product may be legally responsible when the product causes an injury. Personal injury claims may be based on malfunctioning products on a strict liability theory.

Intentional personal injury claims

A personal injury claim may be based on intentional conduct. Assault and battery may be the grounds of a claim. Someone who harms another person intentionally is civilly liable for the damages that he or she causes. A victim may plead both intentional tort and negligence in the alternative if the defendant’s actions fall under either category.

Understanding the grounds for bringing a claim

In order to receive compensation for a personal injury claim, the victim must prove that the defendant’s actions did not meet legal standards. Negligence, intentional conduct, and strict liability can all form the legal basis of a claim. Damages may include both economic and non-economic damages. Understanding the available legal grounds of a claim can help you properly prepare your claim for compensation. An attorney may be able to help you better understand these terms and the circumstances surrounding your claim.