If you are injured in an accident caused by another party, you may be entitled to recover compensation for your damages. But, what if you are partially at fault?
You need to understand how Louisiana’s comparative fault rule impacts your personal injury claim.
Is Louisiana a No-Fault State?
Some states are no-fault states for purposes of car accident claims. This means the injured party files a claim with their own insurance provider to cover their damages.
Louisiana is not a no-fault state. Instead, when you are injured in a motor vehicle accident, you file a claim against the party who was at fault for your accident.
What Is Louisiana’s Comparative Fault Rule?
Louisiana follows a pure comparative fault model, as outlined in Louisiana Civil Code Article 2323. In this model, multiple parties may be assigned fault by percentages that total 100%.
Some states use a modified comparative fault model that bars recovery if an injured party is found to be at fault by a certain percentage, for example, fifty percent or fifty-one percent. In contrast, a pure comparative fault model allows you to recover compensation even if you are 99% at fault for your damages. However, your compensation will be reduced by the percentage of fault assigned to you.
For example, if you are found to be 70% at fault and your damages total $100,000, you could still recover $30,000 after your percentage of fault is deducted.
Insurance Claims and the Comparative Fault Rule
Since your compensation will be reduced by the percentage of fault assigned to you, insurance companies work hard to shift blame to the injured party to avoid or limit paying compensation.
Insurance companies often use unfair tactics to limit their liability. They frequently contact an injury victim immediately after an accident. Often, insurance adjusters hope to get the injury victim to make a recorded statement and use their comments against them.
They may also scrutinize social media posts, hoping to find something to place more fault on the injury victim.
You need the assistance of an experienced personal injury lawyer who knows how to build your strongest case and protect your rights.
Contact Chris Corzo Injury Attorneys Today
If you have been injured in an accident caused by another party, you may be able to recover compensation for your damages. However, Louisiana is a pure comparative fault state, and fault may be apportioned among multiple parties. If you are partially at fault, you can still recover compensation, but your percentage of fault will reduce the amount you can recover.
Insurance companies and defense attorneys work hard to shift blame to avoid or limit the amount of compensation they must pay. You need an experienced personal injury lawyer to protect your rights and help you secure maximum compensation for your damages.
At Chris Corzo Injury Attorneys, we have helped recover billions of dollars in client compensation, and we are committed to helping you. Call (225) 999-1111 or visit our contact page to schedule a free consultation to discuss your claim.