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Does Comparative Fault Apply to Insurance Claims?

Every state has its own laws and procedures for handling car accident claims. Most of the variations from state to state have to do with the role that fault plays in determining the value of a particular claim. Variations also exist regarding damage caps and statues of limitation.

If you were hurt in a motor vehicle collision in Louisiana, you need to have a thorough understanding of the local laws in order to file a successful claim. For example, if you were partially liable for the accident, you need to know how that could affect your ability to negotiate for a settlement that includes all of the damages you incurred.

The state of Louisiana relies on the doctrine of comparative fault to award damages in personal injury claims. If you are not sure how this might affect the value of the case according to the insurance company or the outcome of the trial should it go to court, contact Laborde Earles Law Firm.

A Marksville car wreck attorney from our firm can evaluate your case and help you navigate the claims process, regardless if you are partially responsible for the collision. Our lawyers have recovered more than $200 million for clients in successful settlements and verdicts. Call 800-522-6733 to schedule a free consultation.

Does Comparative Fault Apply to Insurance Claims?

In Louisiana, the court considers the role that each party played in the incident when awarding damages. For example, if you were even partially responsible for the collision that caused your injuries, the total amount of compensation that you could recover would decrease by the corresponding percentage.

These laws technically only apply to cases that go to trial, though, and since most personal injury claims are settled before reaching court, your attorney may not feel the need to discuss all the nuances of pure comparative negligence with you; however, even though comparative fault laws might only apply when pursuing a formal lawsuit, insurance companies still consider each party’s degree of fault during pretrial negotiations.

If you were partially liable for the accident, you need to devise a way to prove that the other party shoulders a much larger percentage of responsibility. Otherwise, the insurance adjuster will not offer you a settlement amount that covers all the damages you incurred.

How Can I Prove Fault after a Collision?

Some motor vehicle collisions are fairly straightforward, which makes proving fault easy, but those that occur in heavy traffic with multiple cars can be much more complicated. There are various ways to prove fault following a car accident, and the most effective approach will ultimately depend on the circumstances of the crash.

In general, the insurance company will want to review photographs of the scene, official police reports, and witness testimonies when determining liability. If you are not sure where to begin gathering evidence like this, a seasoned car wreck attorney can assess your case and then help you find proof of the other party’s fault.

Proving liability is just one step in the claims process, even if your case does not go to trial. Once you demonstrate fault, you will need to negotiate for a fair settlement, which is where quality legal counsel can prove to be invaluable.

If you were hurt in an accident that was not your fault, contact Laborde Earles Law Firm. Our attorneys have a reputation for tough litigation and a strategy for winning substantial settlements and verdicts for our clients. Call 800-522-6733 to schedule a free case evaluation with an injury lawyer in Marksville.