What Is Comparative Fault?
Comparative fault, also known as comparative negligence, is a legal concept that allows you to recover damages in a personal injury case even if you are partially liable for the accident. In this type of case, you could be entitled to reduced compensation based on your share of fault, which is calculated as a percentage.
Learn more about comparative fault and how the experienced attorneys at Tomeny | Best could help ensure you receive fair compensation after a crash by reaching out today.
Damages Based on Fault
As a plaintiff, you may think that the defendant is completely at fault for an accident, but that is not always the case. The court may determine that your actions also contributed to the collision. If so, you may have to share the settlement with the other party based on the percentage of your liability. Judges commonly apply the legal principle of comparative fault in cases involving car accidents in which the drivers share responsibility.
Types of Comparative Fault
The U.S. legal system includes three types of comparative fault. Contributory negligence means that only fault-free plaintiffs can collect damages. Under modified comparative negligence, you would only recover damages if your percentage of fault was below 50 percent. Under pure comparative negligence, you can receive compensation even if you were mostly at fault for the accident. The state of Louisiana uses pure comparative negligence.
How To Maximize Compensation
If you do not want a split settlement with the other party, it is best to come before the jury with a strong case. Documentation is key. Make a comprehensive list of everything related to the accident that could help your claim, and gather evidence such as medical records, witness testimonies, and photographs of the scene. Then, contact the legal team at Tomeny | Best to present your case in court.
Contact an Experienced Injury Attorney Today for Help With a Comparative Fault Claim
If you were partially at fault for an accident, you could still recover compensation under Louisiana’s laws. The aggressive personal injury advocates at Tomeny | Best could help guide you through the process. Our experienced attorneys deliver real results. Reach out to our team right now for a free consultation.
