All states have specific laws regarding car insurance requirements and those fall into two main categories: at-fault and no-fault states. Louisiana falls into the at-fault category along with 38 other states, some of which use the pure at-fault system and some which offer a choice.
Fault or negligence is the degree of liability each party has placed on them concerning your Louisiana car accident. In no-fault states, it doesn’t matter which party caused the accident as each drivers’ insurance company is generally responsible for paying their drivers’ damages.
In the case of a Louisiana car accident, the at-fault system dictates that how the drivers are compensated depends on each drivers’ insurance and degree of fault in the accident. Your insurance company will assess your damages and report them to the defendant’s insurance company. They will then conduct their own investigations and eventually either dismiss your claim or offer a settlement.
If the settlement you receive from the insurance company is too low or if the claim is dismissed, you may want to pursue a Louisiana personal injury lawsuit. To do this, you will need the help of an experienced New Orleans personal injury lawyer to file and defend your claim.
Since Louisiana is a pure at-fault state with comparative fault, it means that each driver involved may have contributed in part to causing your Louisiana car accident. To prove a lower degree of fault, you need to carefully document your accident and injuries. This evidence of your accident is your only proof that you weren’t the major party at fault.
The degree of fault you are found to be will determine your final compensation amount. If you feel uneasy or discouraged by the reduced settlement because of your degree of fault, you may consider filing a Louisiana personal injury lawsuit with the help of a New Orleans personal injury lawyer.
The at-fault system in Louisiana car accidents means you will have to work hard to convince the insurance companies and court that you were the least at fault in your accident. The lower your degree of fault, the higher your potential settlement may be.
The New Orleans personal injury lawyer team at the Law Offices of J. Price McNamara can review your Louisiana car accident claim and help you organize your case to prove your degree of fault. Contact us to schedule your FREE legal consultation today.
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