Who’s at fault for an accident directly impacts the personal injury damages you may recover.
In Louisiana, if your injury accident was ostensibly caused in part by another person, but you share culpability for the conditions that led to it, how much compensation you recover from the other party will be impacted.
If you were a partial contributor to the accident, the recovery you can collect will be reduced. If it is determined that you were solely responsible, you will collect nothing.
Comparative Negligence for Personal Injury
In Louisiana, this is called “comparative” negligence.
The Louisiana statute below makes responsibility and recovery clear:
“In any action for damages where a person suffers injury, death, or loss, the degree or percentage of fault of all persons causing or contributing to the injury, death, or loss shall be determined, regardless of whether the person is a party to the action or a nonparty…If a person suffers injury, death, or loss as the result partly of his own negligence and partly as a result of the fault of another person or persons, the amount of damages recoverable shall be reduced in proportion to the degree or percentage of negligence attributable to the person suffering the injury, death, or loss.”
Shared Responsibility in Personal Injury
Simply, if you shared responsibility for your injuries with the other party, they will not be held 100 percent monetarily responsible for your medical expenses, lost wages, rehabilitation fees or any other applicable costs.
If you believe the accident wasn’t your fault, and that it was entirely the other persons, you’ll have to prove the following factors—they:
- Owed a duty of reasonable care to the injured person.
- Failed to act in a reasonable way or breached their duty of care.
- Caused the person’s injuries because of a breach of duty.
- The breach was the proximate cause of the other party’s injuries.
- Caused the injured person’s actual injuries.
If you cannot prove these factors, the other person will not be held 100% monetarily responsible for your injuries or at all.
If you believe you shared no responsibility or less than what you’ve been told by their insurance company or attorney, it’s time to involve a personal injury attorney.
The premier law firm of Greenwald Law provides superior representation for wrongfully injured individuals.
Louisiana Statute of Limitations’ Deadline for Personal Injury
To recover any financial damages, an accident victim must file a claim within one year from the date of injury. If you miss this deadline, you may lose your right to file a lawsuit. (However, if you think you may have missed the filing deadline, there are some exceptions to this rule.)
As a dedicated, vigilant client advocate, attorney Joseph Greenwald, Jr. delivers sound, strategic legal representation and solid financial results for his clients spanning the past over 20 years. With a solid track record of multi-million-dollar wins for injured Louisianans, he can assist you with the stressful, confusing process of collecting the benefits you deserve.
Contact Greenwald Law Today For A Free, No-Obligation Case Evaluation
For more information about your injury benefits, call attorney Joseph Greenwald, Jr. at 318.219.7867. When you call, we’ll schedule a free, no obligation consultation in our conveniently located Shreveport office to answer your questions and review your needs.