When driving, you may be very careful but sometimes accidents are inevitable. Whether you the at-fault driver was not focused, driving intoxicated, or simply refusing to obey the rules of the road, you may be eligible for compensation for your injuries. Car accident liability generally falls on a negligent driver.
Our Personal Injury Lawyers in Louisiana have years of experience managing car accident cases and personal injury claims, so we can decide if your accident was the outcome of negligence by anyone else.
According to the Louisiana Department of Insurance, there has been a rise in car accidents on Louisiana roads. The frequency of collisions in Louisiana is nearly 7% which is much higher than the country-wide average. In Louisiana, many factors may determine the liability. Police reports, eyewitness accounts, and medical records are some of the primary factors that may establish the liability for car accidents. Some state-specific laws can impact the case, usually based on who was at fault during the accident.
Defined in section 2323 of the Louisiana Civil Code, Louisiana is a state of “pure comparative fault.” This means the amount of damages you may recover in a lawsuit involving a car accident is reduced by the same percentage as your level of fault in causing the accident.
It means that compensation awards in claims relating to personal injury be reduced by the percentage of the victim’s fault for the accident. For example, if a jury awarded you $50,000 in damages for your car accident lawsuit, but considered you to be 20 percent responsible for the accident, your award would be reduced to $40,000. Judges and juries apply the Comparative Fault method. An insurance adjuster assessing your claim may also consider how much you were at fault with your accident when determining how much you would be offered in an insurance setting.
Louisiana does not limit on damages in cases of personal injury or car accident. However in most cases in Louisiana there are no damage caps for car accidents if the car accident involves a government agency, there is a state-imposed $500,000 cap on the total amount of damages that you can get.
According to Louisiana (La.) Civil Code 3492, victims of car accidents have to file a personal injury case one year after a car accident to recover compensation for personal injuries and/or property damage. If a claim is not filed within one year, the victim may lose this right.
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