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How Could Louisiana’s Pure Comparative Negligence Law Affect My Claim?

Each state has its own laws that govern liability in personal injury cases. The state of Louisiana has adopted the pure comparative negligence doctrine, which means that if you contributed to your injury, your recovery will be reduced by your percentage of fault. Pursuant to Louisiana Laws Civil Code CC 2323, the only exception to this rule is intentional tort cases.

Let’s assume, for example, that a driver changes lanes without signaling and gets rear-ended by another vehicle that was travelling 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 would be entitled to $75,000 in damages.

If you were injured by a negligent driver – even if it is clear that the other driver caused the crash – it is likely that either the driver or the insurance company will dispute your claim. If this happens, contact Laborde Earles Law Firm to discuss your case.

Our injury attorneys know the tactics that insurance companies use to deny and undervalue claims. We will gather evidence, interview witnesses, calculate your damages, and help you fight for the highest possible compensation. Call 800-522-6733 to schedule a free initial consultation with an injury attorney in Alexandria.

What Is the Statute of Limitations for Personal Injury Claims in Louisiana?

Each state has a deadline by which a personal injury claim must be filed. This deadline is called the statute of limitations.

If you intend to file a personal injury claim in Louisiana, you must take legal action within one year from the date when the accident occurred, or when your injuries should have been reasonably discovered. If you try to file your lawsuit after the statute of limitations has expired, it is likely that the court will dismiss your case.

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 the specific facts of your case. If you were injured by a negligent driver, 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; and
  • Mental anguish.

If you were injured in a drunk driving accident, you also may be entitled to punitive damages. These are intended to punish defendants who acted with particularly egregious behavior.

It is important that you do not accept a settlement until you know the full extent of your injuries. 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.

An Alexandria auto accident lawyer from Laborde Earles Law Firm will help you fight for the maximum compensation. We have recovered more than $200 million for our clients in successful settlements and verdicts.

Schedule a free consultation today by calling 800-522-6733.