Yes, you may still be able to file a personal injury claim and recover compensation even if you were partially at fault. However, you need the assistance of an experienced Baton Rouge injury attorney to help you avoid or minimize the amount of fault assigned to you and to maximize your compensation.
Louisiana’s Comparative Fault Law
Effective January 1, 2026, Louisiana will move from following a pure comparative fault rule to a comparative fault model with a 51% bar.
Under the pure comparative model, a person who was at fault for the accident or incident that caused their injuries could still recover compensation from the other at-fault parties, regardless of their degree of fault. Under this model, an injured person could be 99% at fault and still recover compensation, though the amount would be reduced in proportion to their degree of fault.
As outlined in Louisiana Civil Code Article 2323, the new comparative fault model that becomes effective January 1, 2026, will prevent an injury victim from recovering compensation if they are 51% or more at fault. If they are 50% or less at fault, they can still recover compensation, but it will be reduced by the percentage of fault assigned to them.
For example, if you are found to be 40% at fault and your damages total $100,000, you could still recover $60,000 after deducting your percentage of fault.
How Insurance Companies Use Comparative Fault to Devalue Your Claim
Insurance companies will attempt to shift as much fault as possible to you to help them avoid paying you anything or to pay you as little as possible. They know that if they can place 51% of the fault on you, they will owe you nothing.
Every percentage point counts, and at Chris Corzo Injury Attorneys, our Baton Rouge personal injury lawyers will aggressively work to avoid or minimize any fault assigned to you and to maximize your recovery.
How Can a Personal Injury Attorney Help If I Am Partially At Fault?
You need to have an experienced personal injury lawyer in Baton Rouge to investigate your accident to identify all possible causes and all potentially liable parties. Often, multiple parties bear responsibility.
It does not matter if you are more responsible than one of the other parties. You just need to be 50% or less at fault. For example, if fault is assigned to three different parties with you being 50% at fault, another party 30% and another 20%, you can still recover compensation.
An experienced injury attorney can take fast action to preserve evidence that proves another party’s fault before it can be lost or destroyed, and can uncover proof to support your claim. They can help establish the existence and accurate value of your damages and help reach a fair settlement of your claim as quickly as possible.
Your chances of recovering maximum compensation for your damages are much higher if an experienced personal injury lawyer represents you.
Contact a Baton Rouge Injury Lawyer at Chris Corzo Injury Attorneys Today
If you have been injured in an accident in which you were partially at fault, you may still be able to recover compensation from the other at-fault parties. You need an experienced personal injury attorney in Baton Rouge to protect your rights and help you obtain maximum compensation for your damages.
At Chris Corzo Injury Attorneys, our team has the resources, skills, and experience to stand up to big insurance companies and maximize your claim. Call (225) 999-1111 or visit our contact page to schedule a free consultation and discuss your claim with a Baton Rouge injury lawyer.