Can I Claim Injuries if I’m Partly at Fault in an Accident?

Can I make a claim for personal injuries if I was partially at fault for the accident?

Introduction: Louisiana Comparative Fault/Liability

Car accidents can be complex situations, and determining fault is not always straightforward. If you were partially at fault for a car accident and suffered injuries, you may wonder if you can still make a claim for compensation. This blog post explores the concept of comparative fault law in Louisiana and whether you can pursue a personal injury claim when you bear some responsibility for the accident.

1. Understanding Comparative Fault Laws: Many states, including Louisiana, follow the legal principle of comparative fault. Comparative fault allows for the allocation of fault and damages among multiple parties involved in an accident. It means that even if you were partially at fault for the accident, you may still be able to seek compensation for your injuries
2. Pure Comparative Fault in Louisiana: Louisiana follows a pure comparative fault system. This means that you can recover damages even if you were primarily responsible for the accident, as long as another party shares some degree of fault. The amount of compensation you receive will be reduced by your percentage of fault
3. Impact on Compensation: The concept of comparative fault affects the amount of compensation you can recover. For instance, if you were found to be 20% at fault and the total damages amount to $100,000, your compensation would be reduced by your degree of fault. In this example, you would be eligible to recover $80,000 ($100,000 minus 20%)
4. Documenting Evidence and Gathering Proof: To pursue a personal injury claim when you were partially at fault, gathering evidence is crucial. Document the accident scene, collect witness statements, and preserve any relevant photographs or videos. This evidence will help establish the extent of your injuries, demonstrate the other party’s negligence, and support your claim
5. Consult with an Experienced Attorney: When dealing with a personal injury claim involving comparative fault, seeking guidance from an experienced attorney is highly recommended. They can analyze the specifics of your case, determine the degree of fault assigned to you, and advocate for your rights. An attorney will help navigate the legal complexities, negotiate with insurance companies, and strive to maximize your compensation
6. Settlement Negotiations and Court Proceedings: In cases involving comparative fault, settlement negotiations are common. The parties involved, along with their legal representatives and insurance companies, may attempt to reach a fair settlement. If an agreement cannot be reached, your attorney can file a personal injury lawsuit on your behalf. The court will evaluate the evidence, determine fault percentages, and decide on the appropriate compensation
7. Insurance Company Tactics: Insurance companies may try to exploit the concept of comparative fault to minimize the amount they have to pay. They may argue that your degree of fault is higher than it actually is or downplay the extent of your injuries. Working with an attorney ensures that you have a strong advocate who can counter these tactics and protect your interests
8. Importance of Proper Representation: When you are partially at fault for a car accident, proper representation becomes crucial. An experienced personal injury attorney understands the laws, knows how to build a compelling case, and can challenge any unfair accusations made against you. They will fight for your rights and work towards securing the maximum compensation you deserve
9. Statute of Limitations: Keep in mind that there is a limited time frame, known as the statute of limitations, within which you can file a personal injury claim in Louisiana. It is important to act promptly and consult with an attorney to ensure you meet the necessary deadlines.

Remember, you don’t have to navigate this challenging process alone. Our experienced team of lawyers at Favret Carriere Cronvich, LLC is here to guide you every step of the way. Contact us today for a free consultation.