Accidents happen all the time. However, no two accidents are the same. If you are involved in a car accident that is not your fault, you deserve compensation for your damages.
Establishing fault in a car accident can be difficult, especially if no one wants to own up. To establish fault, however, you need to start off by understanding how Louisiana negligence laws work.
Louisiana is a comparative fault state
Louisiana applies a comparative fault system when determining who is responsible for damages in an accident. Basically, this means that the court will have to take into account each party’s contribution to the accident when apportioning fault and awarding damages. As such, even if it is established that you are partially to blame for the accident, you may still be eligible for a recovery.
How comparative fault impacts your compensation
Every car accident victim is entitled to a set of damages (medical bills, lost income and income potential and pain and suffering among others) and those are awarded based on percentages of fault.
Applying comparative fault law
Because fault is apportioned in a Louisiana, you are allowed to recover the percentage of damages you sustained that are attributable to other parties. For example if another party is or othe parties are responsible for 100% of the fault, your recovery is not reduced. But, if you are found to be a percentage of fault responsible, your recovery is reduced by that percentage..
This rule applies to all forms of personal injury claims. Thus, even if your loved one succumbed to their car accident injuries, you will still pursue a wrongful death claim based on the extent of the fault of the other parties.