Accidents happen, and sometimes it’s not entirely clear who’s at fault. Maybe you were partially distracted while driving, or perhaps you slipped on a wet floor but weren’t paying full attention. In Louisiana, these situations are governed by the principle of comparative fault, which can significantly impact the compensation you receive for your injuries.
At Bart Bernard Injury Lawyers, we’ve been helping injury victims in Louisiana for 30 years. Our promise is “I’ll be with you every step of the way,” and that includes explaining complex legal concepts like comparative fault and fighting to protect your rights.
Understanding Louisiana’s Comparative Fault Rule
Louisiana follows a “pure comparative fault” rule. This means that even if you are partially at fault for an accident, you can still recover compensation for your injuries. However, the amount you receive will be reduced by your percentage of fault.
Example:
Let’s say you’re in a car accident and a jury finds that you were 20% at fault for the accident, while the other driver was 80% at fault. If your total damages (medical bills, lost wages, etc.) are $100,000, you would be able to recover $80,000 (80% of your damages).
How is Fault Determined in a Personal Injury Case?
Determining fault in a personal injury case can be complex and involves considering various factors, including:
- Witness statements: What did other people see happen?
- Police reports: What did the police officer’s investigation conclude?
- Accident reconstruction: Experts can recreate the accident to determine how it occurred.
- Traffic laws: Did anyone violate traffic laws?
- Your own actions: Were you partly responsible in any way?
Why Louisiana’s Comparative Fault Rule Matters
The comparative fault rule can significantly impact your personal injury claim. Here’s why:
- Reduced Compensation: As mentioned earlier, your compensation will be reduced by your percentage of fault.
- Negotiation Strategy: Understanding comparative fault is crucial when negotiating with insurance companies. They may try to assign you a higher percentage of fault to reduce their payout.
- Trial Strategy: If your case goes to trial, your lawyer will need to present evidence and arguments to minimize your fault and maximize the compensation you receive.
Statistics: The Impact of Comparative Fault
- Shared Fault is Common: Studies show that in many accidents, multiple parties share some degree of fault.
- Negotiation Challenges: Insurance companies often use comparative fault to their advantage, offering lower settlements based on their assessment of your fault.
- Litigation Complexity: Comparative fault can make personal injury cases more complex, requiring detailed evidence and legal arguments to establish the appropriate apportionment of fault.
Bart Bernard Injury Lawyers: Your Advocate in Comparative Fault Cases
At Bart Bernard Injury Lawyers, we have extensive experience handling personal injury cases involving comparative fault. We’ll work tirelessly to:
- Investigate the accident thoroughly: We’ll gather evidence to determine the cause of the accident and accurately assess fault.
- Negotiate with insurance companies: We’ll fight to minimize your liability and maximize your compensation.
- Represent you in court: If necessary, we’ll take your case to trial and present a strong argument to the jury to ensure a fair outcome.
Don’t Let Comparative Fault Derail Your Claim
If you’ve been injured in an accident in Louisiana, don’t assume that being partially at fault means you can’t recover compensation. Contact Bart Bernard Injury Lawyers today for a free consultation. We’ll explain your rights, assess your case, and fight for the best possible outcome.
Remember, you don’t have to navigate this difficult journey alone. We’re here to help you every step of the way.
