How Comparative Fault Can Drastically Affect Your Louisiana Personal Injury Claim

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How Comparative Fault Can Drastically Affect Your Louisiana Personal Injury Claim: A Guide by Bart Bernard Injury Lawyers

Accidents happen, and when they do, the road to recovery and fair compensation can be fraught with legal complexities. In Louisiana, one such complexity is the principle of “comparative fault,” which can significantly impact the outcome of your personal injury claim. At Bart Bernard Injury Lawyers, we understand how daunting this can be, especially when you’re dealing with the aftermath of an accident. This guide aims to demystify comparative fault in Louisiana, offering clarity and actionable insights to help you navigate your legal journey.

Understanding Comparative Fault: More Than Just Blame

Unlike some states that operate under a “contributory negligence” system – where even 1% of fault on your part can bar you from recovering damages – Louisiana follows the doctrine of pure comparative fault. While this may seem favorable on the surface, it comes with its own set of nuances that can drastically affect your potential compensation.

In essence, comparative fault means that the compensation you receive can be reduced by the percentage of fault attributed to you. For example, if you’re found to be 20% at fault in a car accident, your award could be reduced by that same 20%.

How Does Fault Get Determined?

Determining fault isn’t always a straightforward process. Insurance adjusters and defense attorneys often work diligently to shift blame onto the injured party. This is why having an experienced personal injury attorney like Bart Bernard is crucial.

Statistics That Paint the Picture

  • National Highway Traffic Safety Administration (NHTSA): According to NHTSA data, Louisiana ranks among the top states for fatal car crashes per capita. This means the stakes for understanding comparative fault are even higher in our state.
  • Louisiana Highway Safety Commission (LHSC): LHSC statistics consistently show that driver error (e.g., distracted driving, speeding) is a leading factor in accidents. If these errors are attributed to you, they could significantly impact your case.

How Comparative Fault Plays Out in Real-World Scenarios

  • Car Accidents: You’re rear-ended at a red light, but the other driver claims you stopped abruptly. If found partially at fault, your award could be diminished.
  • Slip and Fall Accidents: You slip on a wet floor in a store, but the defense argues you weren’t paying attention. Your compensation could be affected by your perceived degree of fault.

Why You Need an Experienced Louisiana Personal Injury Lawyer

The complexities of comparative fault necessitate experienced legal counsel. At Bart Bernard Injury Lawyers, we have over 30 years of experience fighting for the rights of accident victims. Our proven track record includes:

  • Millions recovered for our clients in personal injury claims.
  • Numerous successful verdicts and settlements in cases involving comparative fault.
  • A deep understanding of Louisiana law and the tactics used by insurance companies to minimize payouts.

Don’t Let Comparative Fault Derail Your Claim

If you’ve been injured in an accident, don’t let the fear of comparative fault deter you from seeking the compensation you deserve. Contact Bart Bernard Injury Lawyers today for a free consultation. We have offices in Lafayette, Louisiana, and Houston, Texas, and are ready to fight tirelessly on your behalf.



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