Louisiana is one of the few states in the U.S. that follows the “pure comparative negligence” law. Under this law, the amount of compensation that an injured person receives is determined by the degree of their fault for the accident. This means that even if you are partly at fault for an accident, you may still be able to recover some compensation for your injuries. However, your compensation will be reduced by the degree of fault that is attributed to you.
If you have been involved in an accident in Louisiana, understanding the impact of pure comparative negligence is crucial to ensuring that your rights are protected and that you receive the compensation you deserve. In this blog post, the Baton Rouge accident lawyers at Dudley DeBosier explain Louisiana’s pure comparative negligence law and how it may impact your accident claim.
What is Pure Comparative Negligence in Louisiana?
In Louisiana, comparative negligence essentially means that if you share some fault for your own injuries, your damages will be reduced in proportion to your percentage of fault. In this context, “pure” comparative negligence means that even if you are 99% at fault for your injuries, you can still recover damages, albeit at a reduced rate.
For example, if you were involved in an auto accident, and it was determined that you were 99% at fault for the accident, you may still be able to recover compensation for your injuries and damages. However, the amount of compensation you are eligible to receive would be reduced by 99% to account for your share of fault. Likewise, if it was determined that you were 25% at fault, the amount you can recover will be reduced by 25%.
Key Concepts Related to Pure Comparative Negligence
To understand the impact of Louisiana’s pure comparative negligence law on your accident claim, it is important to understand the following key concepts:
In Louisiana, negligence is defined as the failure to exercise reasonable care under the circumstances. This means that a person who fails to act as a reasonable person would in the same situation may be considered negligent, and this negligence would form the basis for their fault for the accident.
Under Louisiana law, fault refers to the degree of responsibility that each party has for an accident. When determining fault in an accident, Louisiana courts will consider a variety of factors, including the actions of all parties involved, the conditions of the road or environment, and any relevant laws or regulations.
Once fault for an accident is determined, the court will apportion liability among all parties involved based on their percentage of negligence. Liability refers to legal responsibility for the accident and any resulting damages. In order to recover compensation for your injuries, you must prove that the other party was liable for the accident and that their negligence caused your injuries.
The compensation that you may be entitled to recover in an accident claim includes damages for your injuries, medical expenses, lost wages, and pain and suffering. Except for medical malpractice claims and claims against a government agency, there is no cap on the amount of damages that you may be able to recover for your injuries in a Louisiana accident claim.
How Louisiana’s “Pure Comparative Negligence” Law May Impact Your Claim
The impact of Louisiana’s pure comparative negligence law on your accident claim will depend on the specific facts and circumstances of your case. One of the key benefits of pure comparative negligence is that it can allow you to recover compensation even if you were partly at fault for the accident. This can be particularly important in cases where fault is not clear-cut, or where multiple parties share responsibility for the accident.
However, it is important to note that pure comparative negligence can also make it more difficult to recover full compensation for your injuries and damages. Because fault is apportioned among all parties involved, it can be more difficult to prove your case and establish the degree of negligence on the part of the other parties involved.
Additionally, insurance companies and defense attorneys may try to use pure comparative negligence to reduce the amount of compensation they have to pay you. For example, if they can establish that you were 50% at fault for the accident, the amount of damages that the insurance company has to pay you will be reduced by 50%. So, if the accident caused you $100,000 in damages, the insurance company would only have to pay you $50,000 in compensation.
An Experienced Accident Attorney in Baton Rouge Can Help
To prove liability and damages in an accident claim, you will need to provide evidence such as witness testimony, police reports, medical records, and photographs. The strength and reliability of this evidence can greatly impact the outcome of your claim.
To protect your rights and maximize your chances of recovering full compensation for your injuries and damages, it is important to work with an experienced accident attorney. You need an attorney who understands the nuances of the state’s pure comparative negligence law and can negotiate with the liable insurance company or argue successfully in court for the most compensation possible for your accident claim.
If you have been injured in an accident in Baton Rouge, an accident attorney in Baton Rouge from our law firm can help you gather evidence of the other party’s negligence, build a strong case, and successfully negotiate with the insurance companies and defense attorneys to limit your liability and maximize your recovery.
Dudley DeBosier Injury Lawyers Can Help with Your Baton Rouge Accident Claim
If you or a loved one has been involved in an accident in Baton Rouge, don’t let partial fault for the accident prevent you from getting the compensation you need to move forward in your life. The skilled personal injury lawyers at Dudley DeBosier Injury Lawyers can help you navigate the complexities of pure comparative negligence in Louisiana and fight for the full and fair compensation you deserve.
Contact us today to schedule a free consultation with an accident lawyer, Baton Rouge accident victims can rely on for the help they need. We love helping accident victims fight for their rights and protect their future.
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