Each state handles car accident claims according to specific local laws, and if you are in a crash, it is important to understand how to act following the accident so that you do not disadvantage yourself. Aside from the different time limits you have to file personal-injury and accident claims, another law that varies widely among states relates to comparative fault.
If you sustained injuries in a crash and intend on claiming against the negligent driver, it is important to understand how the courts will view the accident in line with the state’s comparative fault laws. At Morris Bart, LLC, we can help you understand the various elements of local Louisiana law, and we will walk you through the entire legal process.
We are experienced personal-injury lawyers who can evaluate the circumstances surrounding your accident and determine if you may have a valid claim against another individual or organization. With the right approach, we may be able to recover expenses related to medical care or lost wages.
To schedule an appointment with a Lafayette personal-injury lawyer, call us today at 1-800-537-8185. We have a team of attorneys and an experienced support staff who can assist you throughout the process and help get your life back on track. Read on for more information regarding comparative fault in Louisiana.
Comparative Fault in Louisiana
Louisiana Civil Code 2323 outlines the key comparative fault laws that you should keep in mind in the event of a serious crash. According to this statute, comparative fault outlines how the court will consider an accident when more than one person is at fault for causing it.
In the state of Louisiana, you are free to take measures to recover damages from any individual who is at fault for the accident regardless of how big a role you might have played in the crash. If you contributed to the collision in some way, a Louisiana court will take this into account and reduce the amount that you can recover from the other individual by the percentage of your own fault.
Comparative Fault and Insurance Claims
These comparative fault laws only apply in the event of a formal civil lawsuit, but an insurance company will still consider the degree of each individual’s fault should the case not go to court. Because there is no specific way to allocate fault, it is likely that the decision will come down to your ability to negotiate with the company in question. Under these circumstances, an experienced personal-injury attorney may be of benefit because he or she understands what kind of compensation you may be eligible for should the case go to court.
If you sustained car accident injuries and are considering claiming damages, call Morris Bart, LLC today. We may be able to help you file a claim for medical expenses or lost wages. Call us today at 1-800-537-8185 to schedule an appointment with an experienced Lafayette personal injury lawyer.