What Is Comparative Fault?
Even when more than one person contributes to an accident, you may still have the right to pursue financial compensation for your injuries. Louisiana law recognizes that fault can be shared, and the amount you recover may depend on the percentage of responsibility assigned to each party.
What Is Comparative Fault?
Comparative fault is a legal doctrine used to divide responsibility among everyone involved in an accident. If you are found partially responsible for what happened, you may still recover damages, but your compensation will typically be reduced in proportion to your percentage of fault. An experienced attorney can help present evidence to minimize your share of liability and pursue the maximum recovery available under the law.
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.
