In the State of Louisiana, like most states, insurance companies and courts follow a fault-based system to determine who is financially responsible for injuries, damages, etc in car accident cases. However, Louisiana is one of only 13 states in the country that also practices “pure comparative fault,” also known as, “pure comparative negligence,” in deciding the amount of damages that can be recovered.
What is Pure Comparative Negligence?
In some car accident cases it is easy to assign fault to one driver or another, but in a lot of car wrecks this is not the case and both of the drivers may carry some portion of the blame. In Louisiana, the pure comparative negligence laws dictate that any damages that injured victims seek be reduced by the amount of fault they are found to be in. Here is an example; Driver A was hurt in a car accident with Driver B. Driver A is seeking 100,000 dollars in damages and injuries. The jury in the case finds Driver A to be 25 percent responsible for the car accident with Driver B. In this case Driver A’s recovery would be reduced by 25 percent. If the jury decided to award Driver A 100,000 dollars for injuries and damages in this case, Driver A would only receive 75,000 dollars.
In Louisiana, you can file suit and recover damages for your injuries even if you are 99 percent to blame for the car accident that caused your injuries. Judges and juries are bound by comparative fault laws, and adjusters for insurance companies use these laws as guidelines for settlement negotiations.
Hire a Personal Injury Attorney to Handle Your Car Accident
Assigning fault for a car accident is not an exact science. At the end of the day it is up to judges, juries, and claims adjusters to determine who is at fault and to what degree. In order to protect your interests you should hire a personal injury lawyer. The amount of fault assigned to you in your car wreck case, if any, will come down to how persuasive your attorney can be using all available evidence. The difference between getting fair compensation for the injuries and damages you sustained, and not sometimes comes down to the car accident attorney that you hire. If you choose to hire an attorney with little to no actual trial experience, you probably won’t recover the compensation that you deserve. Don’t settle for a settlement mill. Hire personal injury attorneys who prepare for trial.
Murphy Law Firm has Trial Experience
The team of personal injury attorneys at Murphy Law Firm have over 150 years of combined litigation experience. We prepare every single one of our cases for the possibility of a trial if that is what it takes to get our clients fair compensation for their injuries. Don’t be a victim twice! If you’ve been hurt in a car accident get help from Peyton Murphy. Call (225) 928-8800 today to speak with a personal injury lawyer about your case.