If you’ve been involved in an accident, you could be entitled to compensation for your harm and losses, even if you were partly responsible for the accident. To determine what legal options you may be able to pursue, speak with an experienced Louisiana personal injury attorney, like those at Morris Bart. These legal professionals can help determine the remedies available to you and what types of financial damages you can pursue.
Comparative Fault Laws in Louisiana
Louisiana uses the doctrine of “comparative fault” in negligence cases. As a result, liability following an accident spreads to everyone who contributed to the accident in proportion to their proven fault. To work out the fault, the judge or jury assesses the events and assigns blame from 1% to 100%.
Consequently, if a person is only responsible for 5% of an accident, they will only be responsible for 5% of the total damages, and the compensation they receive is reduced in proportion to the percentage of their fault. For example, if you were only 20% responsible for a motor vehicle accident, you can still recover 80% of your damages.
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How Is Fault Determined after an Accident?
Unfortunately, no formula can help you determine your exact level of fault following an accident. Generally, the insurance company or jury will be asked to determine the percentage of each party’s fault based on the arguments and evidence presented. This is why it is often in your best interest to work with an experienced personal injury attorney who can investigate your accident, secure the evidence needed to demonstrate fault and damages, and present the strongest legal case on your behalf.
Keep Track of the Statute of Limitations or Risk Running Out of Time to File Your Claim
As you can see, even if you were partially at fault for an accident in Louisiana, you may still be able to pursue compensation for your injuries. However, keeping track of the time you have to file a legal case is important.
The statute of limitations is a rule that dictates the length of time you have to file a claim following an accident. If you do not file your legal case within this statutory period, you can be barred from pursuing compensation for your harm and losses. In Louisiana, you only have one year from the date of the accident to file your lawsuit.
Depending on the facts of the case, exceptions to this rule may impact the filing period. Therefore, to ensure you file your suit before time runs out, reach out to an experienced Louisiana personal injury accident attorney immediately following an accident. An experienced lawyer can help you figure out the time you have available to file your claim and ensure you correctly prepare and submit your legal motions, documents, and files within the time limit.
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Financial Damages You May Be Able to Pursue If You Were Partially Responsible for an Accident
If you can prove you are entitled to compensation following an accident, you may be able to pursue both economic and non-economic damages. These damages generally include payment for the following losses:
- Current and past medical bills related to hospitalization, doctor visits, surgeries, prescription medications, and other medical treatments
- Ongoing medical care
- Lost wages
- Reduced earning capacity
- Personal property damages
- Replacement domestic services (e.g., childcare or cleaning services)
- Mental anguish
- Loss of enjoyment and quality of life
- Inconvenience related to the injuries suffered
As these damages include both easy-to-verify and hard-to-quantify losses, it is usually best to discuss your case with a personal injury attorney. Your attorney can determine which of these damages may apply to your claim and help you pursue the maximum compensation you may be entitled to.
How Working with an Experienced Personal Injury Attorney Can Help Your Case
Following an accident, you have a lot on your plate between the harm and losses you endured. The last thing you want to worry about is what you need to do to secure compensation for your injuries, especially if you were partially responsible for the incident. When you retain experienced legal counsel, you do not shoulder this complicated burden alone.
If you hire an attorney, they will help by:
- Figuring out whether you have a viable legal claim and the legal options you can pursue
- Answering your questions and concerns regarding your case and the legal proceedings
- Bringing in experts to help substantiate your claim, such as engineers, economists, and doctors
- Determining the percentage of your liability and reviewing how this may affect your compensation
- Negotiating with the other side and fighting for a just settlement offer
- Heading to trial if necessary and pursuing the maximum financial recovery you may be entitled to
Contact Morris Bart Today and Fight for the Monetary Damages You Need
Even if you were partially responsible for an accident in Louisiana, you could still be entitled to compensation for the losses and injuries you suffered. Be sure to contact Morris Bart today for a free case evaluation. We’ll help you work out your legal options following an accident, and our experienced personal injury attorneys will help fight for your rights and the money you may be entitled to.
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