Understanding Comparative Fault in Louisiana Personal Injury Cases

The aftermath of an accident can be painful and overwhelming, as you’re left wondering how you will pay the bills while you recover physically. One of the most challenging parts of a personal injury claim is determining who is responsible. Understanding comparative fault in Louisiana personal injury cases can help cut through the noise.

What Is Comparative Fault?

Comparative fault dictates who is liable in personal injury cases and determines how much they contributed to the accident. If there are a lot of people involved, more than one person could be liable for the accident. The law assigns a percentage of fault to everyone involved. This rule applies when more than one party made a contribution to the accident that caused the injury.

Understanding this concept is important because it changes how damages are paid. A person who holds some fault has a reduced amount of damages available based on their share of the responsibility.

How Fault Is Assigned

Fault is not always clear. The process of determining the parties at fault requires a thorough investigation and will depend on the facts of the case. Some factors that should be examined include:

• Statements: Written or spoken accounts from the people involved help paint a picture of what happened. These statements are usually a starting point. Inconsistent stories can weaken a case. More concrete evidence may be found later on to back these stories up.
• Police reports: Law enforcement reports can guide decisions on who is at fault. Sometimes, officers offer their own opinions about what happened. They may also include details about whether people broke any laws before the crash. Insurance companies use this information to support or question claims.
• Witness testimony: Third-party witnesses are often neutral. People who saw the event happen can support or challenge each side’s version of events. That outside view carries weight when assigning fault.
• Physical evidence: The scene itself tells a story. Damage to vehicles and the environment all give clues to what happened. Photos help break down how and why the accident happened.
• Rule violations: If a person breaks a rule or law, that might shift the blame onto them. This mostly applies to car accidents, but can also apply to other forms of personal injury claims. Identifying speeding or distracted driving can demonstrate that a party acted carelessly.

Louisiana is one of the most expensive states for car insurance, valued at 3.09% of the average income. If you are paying a high amount for auto insurance, it’s important to get as much as possible out of a claim by understanding comparative fault.

How Louisiana Applies Comparative Fault

Courts and insurance companies use comparative fault to determine how much each party gets under Louisiana liability insurance coverage. Each person’s actions are reviewed to see how much they contributed to the harm.

If a person files a claim and they are partly to blame, their final award will be reduced. So, if someone is 40% responsible and wins $100,000, they will only get $60,000. Comparative fault can keep the process fair for everyone involved.

Both judges and insurance adjusters apply this rule. That is why building a strong case is so crucial. Even a small shift in assigned fault can make a big impact on the amount recovered.

Unique Scenarios

Comparative fault doesn’t work the same way in every type of case. Some situations come with extra rules. This is common in product injury claims where a defective or poorly advertised product leads to harm. The maker of the product might try to blame the user for not using the product correctly.

In slip-and-fall claims, the business can try to use comparative fault. If they have video evidence of a person not watching where they were going, this can reduce the amount of compensation the victim can receive if they are hurt.

In workplace injury claims, it might not be possible to file a personal injury claim. Workers’ compensation rules might negate comparative fault entirely. Each type of case needs its own analysis.

Comparative fault can take money off the table for hardworking Louisianans. A seasoned uninsured underinsured motorist accident lawyer can also ensure your Louisiana uninsured motorist coverage is properly applied, defending you when an insurance company assigns too much blame to the injured person. Your attorney can spot weak points in the other side’s claim and bring in critical evidence or expert testimony to support your case.

FAQs

Q: What Happens if More Than One Person Causes an Accident in Louisiana?

A: If more than one person causes an accident in Louisiana, the law splits their responsibility. This includes any injured people. A judge or insurance adjuster assigns a percentage of fault to each person involved. When there is shared fault, it can affect how much compensation each person receives.

Q: How Does Comparative Fault Work?

A: Comparative fault in Louisiana works by reducing the money an individual can collect based on how much at fault they are deemed to be. If a driver in an accident is found to be 25% at fault, this means that they can still recover 75% of the damages from others.

Q: Does Comparative Fault Apply to Insurance Payouts or Court Settlements?

A: Comparative fault applies both to insurance payouts and court settlements. Insurance companies will investigate the incident to assign blame. This investigation affects how much they are going to pay. In court, this decision is made by a judge or a jury. Both systems use this method to calculate damages in a personal injury claim.

Q: How Is Pain and Suffering Calculated in Louisiana?

A: Pain and suffering is calculated in Louisiana based on multiple factors. There is no fixed formula to determine this. Instead, investigators focus on the severity of the injury and how it affects the victim’s daily life. These claims can be supported by personal testimony and medical records. The actual amount can vary based on comparative fault.

Fault Doesn’t Cancel Your Case

8.2% of Louisiana residents under 65 do not have health insurance. The damages they receive from a personal injury claim could make a huge difference. Comparative fault could affect how much a person obtains in compensation to pay off things such as medical bills. Schedule a consultation with Chris Villemarette, Trial Lawyer, to avoid common tactics used to prevent granting a maximum recovery.