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Most Louisiana accidents occur on the road. If you’ve been hurt in a car accident that was caused by another person’s carelessness, you probably want (and probably need) compensation for your injuries. Medical and repair bills are expensive, and it’s not fair that you have to pay for them when someone else is responsible.
Filing a Louisiana car accident lawsuit is an effective way to see justice served. However, you should be aware of Louisiana negligence laws, which are the basis for many of these cases.
Louisiana negligence laws operate under the idea that everyone has a duty to be considerate of the safety of those around them. If failure to follow this duty results in someone getting hurt, it is generally considered sufficient cause to file a Louisiana personal injury lawsuit.
The state of Louisiana determines fault via the system of comparative negligence. In this system, the court looks at the case and tries to determine who is most responsible for the accident. This will have an effect on the total amount of compensation paid by the offending party.
If there is a case, for instance, where the plaintiff is found to be partly (let’s say 10%) at fault through his or her own actions, 90% of the blame will be placed on the defendant. Therefore, the defendant will only pay 90% of the full compensation.
There are many things a driver can do that could fall under the category of accident liability. Some of these are quite obvious and include speeding, recklessness, and driving under the influence. If you are involved in an accident while doing one of the above, you will likely be assigned at least some of the blame for your injuries.
Distracted driving can also give you trouble in court. Texting while driving is illegal in Louisiana, and will probably hurt your case in a Louisiana personal injury lawsuit. Likewise, talking on a non-hands-free cell phone while driving is illegal for minors and may be considered negligent behavior for adults.
Remember that even if you were hit by another car, your own actions will play a part in the outcome of your Louisiana personal injury lawsuit. If you can prove that you were driving carefully and in accordance with Louisiana’s traffic laws at the time of your car accident, you’ll likely have a strong case.
Elements like these should be discussed with a qualified Louisiana personal injury lawyer prior to filing a personal injury claim.
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 the Law Offices of J. Price McNamara 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.
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