At Laborde Earles, our car accident lawyers in Lafayette explain how you can still sue if you were partially at fault for an accident. Read on to learn what damages you can recover and how your percentage of fault affects your compensation.
How Are Recoverable Damages Affected When You’re Partially at Fault for an Accident?
Since Louisiana follows a pure comparative fault system, the amount of fault you’re responsible for in the accident and your damages will be reduced by that percentage. For example, if the other party was 60% at fault and you were 40% at fault, the damages you can recover are reduced by 40%.
Unlike other types of comparative negligence, you can recover damages even if you were assigned 99% of the fault for the accident. Our Lafayette car accident attorneys can help you understand your percentage of fault and what damages you can recover.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientWhat Types of Expenses Can You Still Recover When You’re Partially at Fault?
Despite being partially at fault, you still have a legal right to recover damages. Here are the types of expenses you may still be able to recover in an accident, according to Louisiana’s comparative fault laws:
- Medical bills: If you sustained injuries, you can seek compensation for past and future medical costs like hospital bills, doctor visits, prescription medications, and physical therapy.
- Lost wages: If the accident prevented you from working or resulted in lost pay, you can claim wages you would have otherwise earned.
- Property damage: Damages to your vehicle or other personal property from the crash that is not covered by insurance could potentially be part of your recovery.
- Pain and suffering: You may receive an award for losses that qualify as pain and suffering experienced during treatment and recovery, taking into account any permanent effects.
- Disfigurement or disability: The court may compensate you for impacts like permanent scarring or disabilities affecting daily life if the fault is allocated in your favor.
- Funeral or burial costs: Expenses from fatal accidents can potentially include costs for an appropriate burial, although a percentage offset applies based on comparative negligence.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientHow Can a Car Accident Attorney Help You When You’re Partially at Fault in Lafayette?
You should never enter the legal process without a Lafayette car accident attorney, especially when you’re partially at fault. Here’s what our Lafayette team at Laborde Earles can do for you:
We Conduct a Thorough Investigation
Our law firm has over 250 years of combined personal injury experience, so you can trust us to investigate every aspect of your accident thoroughly. We will carefully review police reports, photographs, witness statements, and any other evidence. If needed, we’ll hire accident reconstruction experts to analyze factors like vehicle damage and roadway conditions. Our investigation aims to understand exactly what happened from all angles.
With our experience, we know how to spot key details an insurance adjuster may miss. Our investigation helps us identify strategies to minimize your percentage of fault. We look for ways the other parties’ negligence contributed more directly to the collision. This balanced perspective strengthens our ability to negotiate and possibly increase your car accident settlement.
We Will Effectively Represent Your Interests
If the other party files a counterclaim against you, we will leverage our experience to build a strong defense. We have represented thousands of clients in similar situations. We know how to persuasively present our version of the accident to a judge or jury.
Insurance companies will often try to shift more blame to you. But we will advocate using all the facts our investigation uncovered. We ensure the decision-makers give fair consideration to the role each person plays. You can feel confident having attorneys with our level of experience in your corner.
We Will Guide You Every Step of the Way
From the initial case review through settlement or trial, we will keep you fully informed of your legal rights and all options. If an issue arises, we clarify complicated processes clearly. If negotiations with insurers reach an impasse, we strategically evaluate the pros and cons of litigation.
If your case proceeds to trial, our car accident attorneys are ready to use our presentation skills. We also explore asserted claims that are untouched by fault determinations. If you have any questions about your case at any time, our team is available to help you.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientHow Do Different Negligent Actions Contribute to the Percentage of Fault?
There are a few factors that Louisiana courts typically consider when determining how different negligent actions contribute to the overall percentage of fault. These include:
- Degree of deviation from the standard of care: Actions that demonstrate gross negligence that greatly deviated from what a reasonable person would do will bear more fault. Minor lapses tend to equal less fault.
- Causation of damages: Acts that are more directly linked to causing or failing to prevent specific injuries or damages will carry more fault than indirect actions.
- Awareness of risks: Those who willfully disregarded known dangers are frequently assigned more fault than those who failed to anticipate unknown risks.
- Multiple negligent parties: Fault is often split among multiple parties proportional to their relative contribution. A primarily responsible party may bear the majority’s fault.
- Adherence to rules and laws: Violating clear safety statutes and rules tends to equal higher fault.
Our Lafayette car accident attorneys can help determine your level of fault. We will work hard to present evidence that can reduce your fault so you can recover more compensation.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.
ClientLearn More About Suing When Partially At-Fault for a Car Accident in Lafayette
Our car accident attorneys in Lafayette at Laborde Earles are ready to help you when you’re partially at fault in an accident. We can help fight for compensation and possibly reduce your fault through strong evidence.
Contact us today to learn more about how we can help when you’re at fault in a Lafayette car accident.
