April 14, 2025
Personal Injury Claim
Understanding the Role of Negligence
When you’ve been injured due to someone else’s actions—or inactions—and are considering a personal injury claim, it’s natural to ask: Can I be compensated for this? Who is responsible? Do I have a claim? At Falcon Law Firm, we help clients across Louisiana answer these questions by focusing on a key legal concept: negligence.
What Is Negligence?
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In the simplest terms, negligence occurs when a person or entity fails to act with reasonable care, and that failure causes harm to another person. In Louisiana, establishing negligence is the foundation of most personal injury claims.To succeed in a negligence claim in Louisiana, you must show five key elements:
- Duty of Care – The other party owed you a legal duty to act in a reasonably safe manner.
- Breach of Duty – They failed to uphold that duty through action or inaction.
- Cause in Fact – Your injury would not have occurred "but for" their breach of duty.
- Proximate Cause – The breach was directly related to your injury, without an unrelated cause intervening.
- Damages – You suffered real, measurable harm—such as medical bills, lost wages, or pain and suffering.
Whether you’ve been injured in a car accident, hurt by a defective product, or suffered a fall on unsafe property, proving negligence is essential to pursuing compensation.
- Duty of Care – The other party owed you a legal duty to act in a reasonably safe manner.
Louisiana’s Comparative Fault Rule
As we discussed in our blog post on Comparative Fault in Louisiana, multiple people—including the injured party—can share responsibility for an accident. If you are partially at fault, your compensation may be reduced by the percentage of your own responsibility.
For example, if you were rear-ended at a stoplight but had broken brake lights, a judge may decide you were 20% at fault. If your total damages were $50,000, you would still be able to recover 80%—or $40,000.
This system ensures that liability is fairly distributed among everyone who contributed to the accident, not just pinned entirely on one party.
Why Negligence Matters in Your Claim
Understanding negligence helps you see the strength of your case and what compensation may be available. Insurance companies and defense attorneys often try to downplay or shift blame. At Falcon Law Firm, we conduct a thorough investigation to establish who was at fault and fight to ensure that you’re not held responsible for someone else’s carelessness.
Statute of Limitations: Know Your Deadline to File
Another crucial factor in any personal injury case is timing. As we covered in our blog post on the statute of limitations in Louisiana, there are strict legal deadlines for filing your claim. In Louisiana, a significant change took effect on July 1, 2024. For most personal injury cases occurring on or after this date, the deadline to file a lawsuit has been extended from one year to two years. This change, enacted under House Bill 315 (Act 423), gives injury victims more time to assess medical needs, investigate the facts, and pursue justice. However, certain claims—such as those involving wrongful death or product liability—may still be subject to the original one-year limit. It’s also important to act quickly if your injury happened before July 1, 2024, as the old one-year rule still applies. Regardless of your situation, consulting an attorney early helps preserve evidence and build a stronger case.
How Falcon Law Firm Can Assist You
When someone else’s negligence causes you harm, the aftermath can feel overwhelming—physically, emotionally, and financially. That’s why it’s critical to have a legal team that takes the time to understand your case and fights for your best outcome.
We don’t settle for the first offer. We pursue justice through settlement, mediation, or trial—whichever path gets you the compensation you deserve. If you’ve been injured due to someone else’s negligence, call the Falcon Law Firm at 504-341-1234 or contact us online to schedule a consultation. Our office is conveniently located at 5044 Lapalco Blvd. in Marrero, LA.
We’re here to protect your rights—and fight for the compensation you deserve.
Meet the Attorney - Timothy J. Falcon
If you have questions about the Exactech Recall for hip, knee, and ankle transplants, contact Timothy J. Falcon today. Mr. Falcon has successfully settled and tried cases that resulted in numerous settlements or judgments over the million dollar mark. In 1993, he successfully argued an important federal maritime case in front of the United States Supreme Court. In a 7-2 vote the justices of the Supreme Court agreed with Mr. Falcon and he kept an important remedy available for injured mariners. He possesses years of experience in the field of personal injury, making him an expert when it comes to fighting for the rights of those who have been wronged by corporate entities. You can call Mr. Falcon’s office directly at (504)341-1234 or send an email today.