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Pure comparative negligence law in Louisiana

Pure comparative negligence law in Louisiana

| Aug 26, 2020 | Car Accidents |

If you have been in a car accident in Louisiana, you may be able to file a lawsuit against the driver of the other vehicle who caused your collision. Under Louisiana law, you will have one year from the date of your car accident to file a personal injury claim against the driver responsible for your accident and injuries.

If you decide to file a lawsuit, you will likely need to show that the other driver’s negligence caused your accident and injuries. Negligence essentially refers to any sort of traffic violation or recklessness behind the wheel. Generally, texting and driving, speeding, failing to obey traffic signals, and drunk driving are all forms of driver negligence.

What if I was also negligent?

In some cases, accident victims were negligent themselves and were partially at-fault for the accident and their own injuries. However, under Louisiana’s pure comparative negligence laws, even if you were partially responsible for your own injuries, you can still a recover reduced amount of damages from other negligent parties.

For example, let’s say a jury finds you were 40 percent responsible for the accident and the other driver 60 percent responsible, and awards you a total of $100,000 for your medical expenses, pain and suffering, and lost wages. In a final judgment, the court may reduce your award from $100,000 to $60,000 based on the jury’s determination of fault.

Recovering compensation after an accident can be challenging, particularly if there is more than one party at fault for your injuries. A personal injury attorney in your area can help gather the evidence you need to prove your case.