Fault laws vary from state-to-state and are in place to help determine fault after a personal injury accident. Louisiana is a “fault” state meaning that the individual responsible for causing the accident must pay the damages for all other parties involved. If the at-fault party denies responsibility, the afflicted can choose to pursue legal action to get his or her insurance company to pay for the damages.
There is a one-year statute of limitations on all personal injury claims in Louisiana, which means that the injured party loses his legal right to file a lawsuit if he waits any longer than a year after the incident to pursue compensation. For this reason, it’s crucial to act quickly. It is most important to take note of these specifications and many others when seeking financial compensation for a personal injury accident in Louisiana.
Comparative Fault in Louisiana
The comparative fault rule adjusts the injured party’s damages by an amount equal to how much responsibility that individual shares in the accident. An example can be made by supposing you were driving just over the speed limit as you drove through an intersection, and a driver coming through the cross intersection runs a red light and slams into your vehicle.
When you take the injured party to court, the judge decides that the total damages are $8,000 and you are 20% at fault for speeding. After the comparative fault rule is applied, it lowers your award amount to $6,400, effectively reducing it by 20%. The award in every personal injury case is different, but the comparative fault rule ensures that the injured party’s shared fault is reflected in their compensation amount.
Auto Insurance in Louisiana
Those injured in an auto accident have the choice to file a claim with the insurance company or seek compensation by way of a lawsuit from the at-fault party. All Louisiana drivers are required to carry a minimum auto insurance coverage that covers injuries. This can potentially be enough to pay for medical bills, but the injured party still has the freedom to pursue legal action to receive compensation for other accident-related damages.
As a Louisiana resident, it is most important to be in-the-know about fault laws in the event of an auto accident or any other personal injury case. If you or someone you know suffered a car accident injury, don’t hesitate to contact E. Orum Young Law Offices. Our skilled personal injury attorneys have experience handling car accident cases and can help you secure the maximum compensation entitled to you by law. Our Trial Guarantee ensures that we will take your case to trial per your request. Contact us today for a free case evaluation.
