Partially Responsible For Your Car Accident? What You Need To Know About Louisiana’s Comparative Fault Rule

In this article, you can discover…

• How comparative fault works in Louisiana car accident cases.
• The standard used by a court to determine comparative fault.
• How an attorney can help you navigate a car accident settlement, even if you share fault.

What Is Louisiana’s Comparative Fault Rule?

Louisiana is one of the few states that follows the “pure comparative negligence” law. Under this law, the amount of compensation you receive is determined by the degree of your fault for the accident. In other words, if you are 99% at fault for the accident that caused your injuries, you can still recover damages. However, your compensation will be reduced by 99% from what you could have recovered had you shared no fault for the accident.

How Does Comparative Fault Differ From Contributory Negligence?

Under comparative fault law, the amount of compensation you receive is determined by your degree of fault for the accident.

In contrast, under contributory negligence law, you cannot recover any damages if you were found to be at fault to any degree. For example, if you were found to be even 1% at fault for the accident, you wouldn’t be able to recover damages under the contributory negligence standard.

Husband and Wife Legal Team, Jeffrey Gennusa and Ana Rodrigues Gennusa of the Gennusa Firm in Louisiana have helped countless clients just like you work toward maximum damages, even if they shared fault for the accident and their injuries. With 30 years of personal injury experience, they’re ready to help you understand your rights and recover the damages you need and deserve.

Have questions? Reach out to the Gennusa Firm at (504) 308-0922 for a FREE consultation today.

How Is Fault Determined In A Louisiana Car Accident Injury Claim?

Fault is determined based on who caused the wreck. This can be established through the police officer who investigated the wreck, the insurance company, or witness statements from the parties involved.

What Percentage Of Fault Can I Be Assigned And Still Recover Compensation After A Car Crash In New Orleans, LA?

You can be 99% at fault for the accident and still recover damages. However, your compensation will be reduced by the percentage of your fault.

For example, if you were entitled to $100,000 in compensation without any fault, then you would receive $1,000 if you were found to be 99% at fault for your accident.

How Can A Jefferson Parish Car Accident Attorney Help Protect My Personal Injury Claim?

An experienced personal injury attorney can help you reduce your assigned percentage of fault by arguing with the insurance company that their assigned percentage is incorrect. This can be done by providing additional evidence, such as dashcam footage, witness statements, and the testimony of accident reconstruction experts. This evidence can be used during negotiations with the insurance company or in court.

Still Have Questions? Ready To Get Started?

For more information on Louisiana’s Comparative Fault Rule, a FREE consultation is your next best step. Get the information and legal answers you are seeking by calling (504) 308-0922 today.