How Louisiana Comparative Negligence Laws Affect Personal Injury Claims
Louisiana negligence laws are there to protect you and your property from the carelessness of others. Medical and repair bills can be very expensive, which is why there is a system in place that allows you to get the compensation you deserve from the offending party.
The Elements of Louisiana Negligence Laws
In Louisiana negligence laws, negligence is defined as the failure of one person or entity to exercise appropriate care. If someone’s indifference has harmed you, than you may have grounds for a Louisiana personal injury lawsuit.
These laws involve the concept of duty, which is the care that a person or entity is obliged to show to others. For instance, a shop has the duty of maintaining a safe environment for its patrons and employees.
If a person or entity commits a breach of duty (which means a failure to fulfill it), and their having done this results in someone getting hurt, Louisiana negligence laws may have been violated. This is often sufficient reason for a court case.
The Issue of Comparative Negligence
Louisiana negligence law operates under the system of comparative negligence. In this system, either the judge or the jury will determine the amount of fault for each party.
Pretend that while you were shopping, you slipped on an unmarked wet surface and injured yourself. The store had a duty to alert patrons about the slippery floor, and failed to do so. As such, it is likely that the store will bear the entirety of the blame, and have to give you full restitution.
However, suppose that someone else slipped on the same floor while running recklessly through the aisles. Under comparative negligence, the court may decide that the runner bears some of the blame for his or her careless behavior. In that case, the court may decide to split the blame, assigning 30% to the plaintiff and 70% to the defendant.
This will affect the amount paid in compensation. To go by the above example, the store will only have to pay 70% of the compensation, as it was only 70% at fault. As such, you also need to be aware of your duties while filing a Louisiana personal injury lawsuit.
The issue of comparative negligence also ties in with proving fault. The court will have to determine who is really at fault for your injury. This can be a complicated issue, affected by the nature of the accident and even your own behavior. Consulting with your Louisiana personal injury lawyer can help you learn more about what to expect during your claim and what evidence is required for your specific case.
After a serious accident, while you are dealing with injuries, medical bills, car repairs and insurance companies, it’s important to have someone working on your side.
Speaking with an experienced Louisiana personal injury attorney after an accident can help you understand your legal rights and options, and if necessary, help you file a personal injury lawsuit to help you recover compensation for your losses.
The Louisiana personal injury lawyers at J. Price McNamara ERISA Insurance Claim Attorney can help you recover damages for medical bills, ongoing medical treatment, property damage, and other accident-related expenses. Contact us to schedule your FREE legal consultation today – (866) 248-0580.