Your Advocate In Serious Injury Claims

What is comparative fault in Louisiana?

Comparative fault is a legal concept widely used in personal injury claims. It refers to the allocation of blame among the parties involved in an accident. In personal injury cases, this means determining the degree to which each party is responsible for the incident and the resulting damages.

In Louisiana, the rule of comparative fault allows for damages to be divided among parties based on their respective levels of fault. Instead of an all-or-nothing approach, where a party could be barred from recovering damages if found partially at fault, Louisiana allows injured parties to recover damages even if they are partly responsible for their injuries. However, the compensation they receive is then reduced by their percentage of fault.

Understanding the application of comparative fault

The application of comparative fault in Louisiana is essential for those involved in personal injury claims. When a case goes to court, the judge or jury examines the evidence to determine the fault of each party involved. This process involves a detailed analysis of the accident, the actions of each party, and other contributing factors. Once fault is established, it is expressed as a percentage.

For example, if an injured party is found to be 30% at fault for an accident, and the total damages amount to $100,000, they would be eligible to receive $70,000, or 70% of the total damages. This reflects their reduced responsibility for the incident.

In Louisiana, no threshold of fault restricts recovery. This means that even if a plaintiff is found to be more at fault than the defendant, they can still recover a portion of the damages, even though their compensation will be awarded as a reduced amount.

The role of evidence and legal representation

Evidence plays a crucial role in determining comparative fault. This can include witness statements, physical evidence from the accident scene, expert testimony and other relevant information. Gathering and presenting this evidence effectively is vital for accurately establishing fault percentages.

Seeking legal guidance to determine how the assignment of fault and other factors may impact a case is critical. Because there’s a limited time to file a claim in Louisiana, this should be done swiftly after a crash.