Negligent Injuring refers to a process where appropriately ruled care which should be exercised is not and someone becomes careless which could end up hurting another person close by. One needs to exercise a reasonable amount of care in your actions. Taking account of the hurt you could cause someone else or their property.
To understand the Louisiana Negligence Injuring laws in Jefferson Parish, the following topics will be discussed:
- How does Louisiana Law define Negligent Injuring?
- What is the difference between a Negligent Injuring and Intentional Injuring?
- Elements of Negligent Injuring
- What Would You Be Your Sentence If You Are Found Guilty of Negligent Injuring in Jefferson Parish
- How can one defend themselves against Negligent Injuring in a Louisiana court? (Before trial)
- Value of Great Legal Advice
How does Louisiana Law define Negligent Injuring?
Negligent Injuring as gotten from Louisiana revised statutes 14:39. It states that Negligent injuring is regarded as one of the following:
- Inflicting any type of injury upon someone by an act of criminal negligence.
- Or when someone else is injured by a dog or another animal when the owner of the dog or animal is criminally negligent or reckless in restraining or confining the dog or another animal.
If these statutes are violated, it shall be considered as evidence of reckless negligence occurring.
What is the difference between a Negligent Injuring and Intentional Injuring?
As the use of the word Injuring, a legal term could be used which is known as torts. Torts are situations where you could be injured by someone else and this is a conduct that is quite harmful. These torts could be negligent as could be caused by a lack of reasonable care while it could be intentional when it is performed with purpose. Like these examples;
You could be at an argument with someone and they would get angry and smash a plate on the floor, the debris could hit you and that is called a Negligent Injuring or a Negligent tort. While you could be arguing with the other person and they would throw the plate at you intentionally, this is known as an intentional Injuring.
Elements of Negligent Injuring
About four different things determine negligent injuring. And a lawsuit from negligence would only succeed if the plaintiff proves all these four elements.
- Duty of Care
This requires the use of normal care to stop injury to other people. It is determined on a case by case condition.
Care is stopped when the defendant does not exercise reasonable care against the plaintiff. It could be an omission or an act that is not compatible with the standard of love that could be exercised someone else that has no party to the suit.
- The Plaintiff’s loss was caused by the Defendant
The plaintiff must have suffered from a breach of care from the defendant. And the injury has to be suffered when there are reasons there is a breach of care.
- Plaintiff suffered Damages
Damages which could be remedied by monetary compensation must be suffered by the plaintiff. Breaching of duty does not completely cut it. Speculative and contingent damage cannot happen.
What Would You Be Your Sentence If You Are Found Guilty of Negligent Injuring in Jefferson Parish
If convicted for the first time. You would have to pay a fine of three hundred dollars to a thousand dollars, you could stay in jail for about three days more than a week to about six months. You could also have two months’ probation.
If convicted for Negligent Injuring, you would have to pay a fine of $2,000 to $15,000, imprisonment without or with hard labor on five to thirty years, with at least three years of serving with no suspension, benefit or parole.
You could get 5 years in prison without parole or suspension if you have been convicted for similar charges before.
If you are officially caught after hitting and running, your penalty would be a fine of five hundred dollars and you would have to stay at least ten days in prison. You could even stay in prison for around six months too if you don’t have a strong legal counsel.
If convicted for Negligent Injuring using a vehicle you could be asked to pay a fine of two thousand dollars, be stuck in jail without or with hard labor till like five years.
In cases where you were caught and it was noticed you were driving while smoking too, your time in jail could increase to about 20 years.
How can one Defend themselves against Negligent Injuring in a Louisiana court?
If you want to defend yourself in court successfully against a lawsuit based on negligence injuring, you should try to negate one of the elements which are gotten from the plaintiff’s cause of action. Using this, you as the defendant could introduce evidence that you don’t owe the plaintiff which could be reasonable care you have for them, or prove you did not cause the damage to the plaintiff and other ways of attacking the elements of the negligence suit. You could rest on some of the doctrines which could limit liability or eliminate them based on the alleged negligence.
Value of Great Legal Advice
If you injure someone out of negligence on your case, that is very important and the charge should not be taken lightly. Contact an experienced criminal defense attorney which would help you discuss the elements of your claims and get a fast start to defending the charges. The Barkemeyer Law Firm would try their best to make sure your rights are protected.