When it comes to personal injury cases, one of the most important legal concepts that must be understood is comparative fault. In Louisiana, comparative fault is used to determine the degree of fault of both the plaintiff (victim) and the defendant (person or entity responsible for the injury) and how it will affect the amount of damages awarded. Here’s everything you need to know about comparative fault in Louisiana personal injury cases.
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What is Comparative Fault?
Comparative fault, also known as comparative negligence, is a legal principle that allows courts to determine the degree of fault attributable to each party involved in a personal injury case. Essentially, it holds both the plaintiff and defendant responsible for their own actions that contributed to the injury. The degree of fault assigned to each party will determine the percentage by which the damages owed by the defendant will be reduced.
In Louisiana, comparative fault is a modified version of the rule, which means that if the plaintiff is found to be more than 50% at fault for their own injury, they will not be able to recover any damages from the defendant.
Pure Comparative Fault Rule in Louisiana
Louisiana follows the pure comparative fault rule, which means that damages can still be recovered as long as the plaintiff is not more than 50% at fault. The damages awarded will be reduced in proportion to the percentage of fault assigned to the plaintiff.
For example, if the plaintiff is found to be 25% at fault for their own injury and the damages awarded are $100,000, the amount of damages that the defendant is responsible for paying will be reduced by 25% or $25,000. Therefore, the plaintiff will receive $75,000 in damages.
How is Comparative Fault Determined in Louisiana?
In Louisiana, comparative fault is determined by the judge or jury in the case. It is based on the evidence presented at trial, including witness testimony, expert reports, and any other relevant evidence.
The judge or jury will consider all of the actions taken by both the plaintiff and defendant leading up to the injury to determine the degree of fault attributed to each party. This may include actions such as failing to follow safety guidelines, not paying attention, or violating traffic laws.
It is important to note that even if the plaintiff contributed to their own injury, they may still be able to recover damages if their actions were not the primary cause of the injury.
Impact on Damages
Comparative fault has a significant impact on the damages awarded in personal injury cases. In Louisiana, the damages awarded to the plaintiff will be reduced by the percentage of fault attributed to them.
If both parties are found to be equally at fault, the damages awarded will be reduced by 50%. If the plaintiff is found to be more than 50% at fault, they will not be able to recover any damages from the defendant.
Importance of Consulting an Experienced Attorney
If you have been injured in an accident where comparative fault is a factor, it is crucial to consult with an experienced personal injury attorney. Your attorney will be able to help you understand the legal concept of comparative fault and how it may impact your case. They can also gather evidence to support your claim and present it effectively in court.
Ultimately, an experienced attorney can help you recover the compensation you are entitled to and ensure that you are not unfairly blamed for an injury that was not entirely your fault.
Conclusion
Comparative fault is an important legal concept in Louisiana personal injury cases. It determines the degree of fault attributed to each party involved in the case and how it impacts the amount of damages awarded. If you have been injured in an accident, it is essential to consult with an experienced personal injury attorney who can help you navigate the complexities of comparative fault and recover the compensation you deserve.