Each state has laws that govern liability in personal injury cases. Louisiana adopted the pure comparative negligence doctrine, which means if you contributed to your injury, your possible recovery will decrease by your percentage of fault. Under Louisiana Civil Code CC 2323, the only exception to this rule is when the other party knowingly causes the incident and injuries, known as intentional tort cases.
Let’s assume, for example, that a driver changes lanes without signaling and gets rear-ended by another vehicle traveling faster than the speed limit. The court awards the plaintiff $100,000 in damages, but finds that the plaintiff was 25 percent at fault for the accident. In such a case, the plaintiff can only take home $75,000 in damages despite suffering $100,000 in losses.
How Do We Prove Negligence?
Negligence happens when someone acts unreasonably. When unreasonable behavior results in an accident, negligence may make a person or organization financially liable. We generally prove negligence by:
- Establishing that the defendant owed you a duty of care
- Proving that the defendant breached their duty of care in some way
- Linking the defendant’s breach of duty of care to your accident
- Displaying the damages that resulted from the defendant’s negligence
The issue of negligence may be slightly more complicated when comparative negligence is in play. However, this is the basic process for proving negligence.
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Why Is a Car Accident Lawyer Important in Comparative Negligence Cases?
If a negligent driver injured you—even if it is clear that the other driver caused the crash—it is possible that either the driver or the insurance company will dispute your claim. Any traffic accident could include challenges based on comparative negligence.
A personal injury lawyer will be familiar with insurance companies’ tactics to deny and undervalue claims. When you work with a lawyer from our firm, they can:
- Gather evidence
- Interview witnesses
- Calculate your damages
- Help you fight for the compensation you deserve based on your case’s facts
We will also manage all communications and negotiations with the insurer. If we determine that the insurance company will not reach an agreement in good faith, a lawsuit may be necessary.
Comparative Negligence Can Complicate Your Case
Hiring an attorney may be particularly important in a case involving comparative negligence. If two parties share fault for an accident, another party may accuse you of having more fault than you truly do. Without an attorney, they may be successful in this accusation.
An attorney from our firm will seek a fair outcome to your case. They will rely on evidence, experts, and other resources to show that you’re either:
- Not liable at all for your accident
- Liable only to a certain degree
You should settle for no less compensation than you deserve. The first step in securing a fair recovery is establishing your share of liability. Let us help you set the record straight.
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What Damages Might I Be Able to Recover After a Car Accident in Louisiana?
Each personal injury case is unique, and the types of damages you recover will depend on your case’s specific facts. If a negligent driver injured you, you may be entitled to compensation for:
- Lost income
- Loss of future earning capacity
- Past and future medical expenses
- Property damage
- Loss of consortium
- Pain and suffering
- Mental anguish
If you were injured in a drunk driving accident or have an intentional tort case, you may also be entitled to punitive damages. These damages punish defendants who act with particularly egregious behavior. Comparative negligence laws do not generally apply to intentional torts.
You should not accept a settlement until you know the full extent of your injuries and losses. If the insurance company offers an amount that will not cover your ongoing medical bills or loss of future earning capacity, you may wind up in overwhelming debt.
Working with an attorney can ensure you seek a fair recovery based on your case. Our law firm will contest any allegations that you contributed to the harm you suffered. We will also identify as many accident-related damages as possible to ensure a fair payout.
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What Is the Statute of Limitations for Personal Injury Claims in Louisiana?
Each state has a deadline for when a victim must file a personal injury claim. This deadline is called the statute of limitations. In Louisiana, victims and their immediate families usually only have one year. These statutes are:
- CC Art. 3492 for injuries to individuals
- CC Art. 2315.2 for surviving family members of those who suffered fatal injuries
If you intend to file a personal injury claim in Louisiana, you must take legal action within one year from:
- When the accident occurred; or
- When you should have reasonably discovered your injuries
The clock begins ticking on wrongful death cases the day the person passes away.
If you try to file your lawsuit after the statute of limitations expires, the court will likely dismiss your case. This means losing the right to ask a jury to hear your case and assign damages.
If you have an attorney representing you, they will assess the deadline in your case and ensure you meet this required timeline if possible. This is a key step in protecting your rights and pursuing the best available outcome in your case.
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Laborde Earles Injury Lawyers Has a Reputation of Fighting for Clients
Laborde Earles Injury Lawyers is part of the Louisiana community. We take a personal stake in each case we accept. When you review our client testimonials, you’ll see how highly we value our clients:
- “I really consider my attorney and paralegal like family. They both are continuously fighting on our behalf. I trust them to get my family and I the best results!” – Myrah, former client
- “It is such a joy to work with the Laborde Earles team. While the entire staff is courteous and professional, they are also great fun to be around.” – Denise, former client
- “Highly professional… They know the law and are simply here to get a job/ task complete! No nonsense. No foolishness.” – Larry, former client
- “Excellent team! Great people, work efficiently, and communication is great!” – Tiara, former client
Not every law firm earns this sort of praise. Our firm goes the extra mile for every client, without exception. If you trust your case to us, we’ll do everything in our power to secure a positive outcome.
What to Expect from Our Team
We handle all of the legal and logistical aspects of your case. Just as important as what we do for you, though, is how we do it. Our team will:
- Provide satisfactory answers to any questions you have
- Address any concerns you have about your case
- Do our best to accommodate any special requests you have
- Provide regular case updates
- Respond as quickly as possible to phone calls and emails
- Treat you like family
Our team is available around the clock to respond to clients like you.
Talk to a Laborde Earles Injury Lawyers Team Member About Your Case
An auto accident or injury lawyer from Laborde Earles Injury Lawyers can help you understand your case and the compensation you can recover. We have recovered more than $600 million for our clients in successful settlements and verdicts. We may be able to help you, too.
Contact us today for a FREE consultation. We can explain further how the state’s comparative negligence laws could affect your claim.
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