Car accidents happen every day in Baton Rouge, Louisiana, and the surrounding areas due to careless and negligent drivers. These collisions cause countless injuries and costly damage to vehicles. If you've been in a car crash, you may be eligible to recover compensation for your injuries and damages. In Louisiana, however, the process can be complicated, especially when it comes to comparative fault. That's why it's essential to understand Louisiana Civil Code Article 2323.
The attorneys at TMA Injury Lawyers in Baton Rouge, Louisiana, have vast experience in car crash cases, we are here to help you understand what Louisiana Civil Code Article 2323 is, what it means for your case, and how it can affect your compensation. In this blog post, we'll dive into the details of comparative fault in Louisiana and provide you with the essential information you need to know if you have been involved in a collision in Louisiana.
Louisiana Civil Code Article 2323 itself states, " In any action for damages where a person suffers injury, death, or loss, the degree or percentage of fault of all persons causing or contributing to the injury, death, or loss shall be determined, regardless of whether the person is a party to the action or a nonparty, and regardless of the person's insolvency, ability to pay, immunity by statute, including but not limited to the provisions of R.S. 23:1032, or that the other person's identity is not known or reasonably ascertainable. If a person suffers injury, death, or loss as the result partly of his own negligence and partly as a result of the fault of another person or persons, the amount of damages recoverable shall be reduced in proportion to the degree or percentage of negligence attributable to the person suffering the injury, death, or loss." But what does that mean for your claim?
It simply means that the degree to which a person's own negligence contributes to their harm, they will not be able to recover that amount in proportion to their fault. This means that if you are partially responsible for your injuries, your compensation will be reduced accordingly. For example, if a court awards you $100,000 in damages but determines that you were 20% at fault, your recovery will be reduced by 20%, and you would only receive $80,000.
It's important to understand that under Louisiana Civil Code Article 2323, Louisiana follows the doctrine of pure comparative fault. This means that even if you are 90% responsible for the accident, you can still recover 10% of your damages. However, keep in mind that if the other driver is entirely at fault, you can recover 100% of your damages. This is different from other States, where if you were found to be even 1% at fault, you would not be allowed to recover.
When making a claim for compensation after a car accident, you will need to prove that the other driver was negligent and that their negligence caused your injuries. However, the other driver's insurance company will likely try to argue that you were partially at fault for the accident. This is where Article 2323 comes into play - it provides guidelines for determining the degree of fault for each party.
If you're worried about being found partially at fault for an accident, don't panic. An experienced car crash attorney can help you build a strong case that minimizes your degree of fault and maximizes your compensation. Your attorney may seek evidence, such as a police report or eyewitness testimony, to support your claim and refute the other party's arguments. Insurance companies will commonly try to convince victims of car collisions that they are partially or even completely at fault, when they are aware that is not the case.
Keep in mind that each case is unique, and the degree of fault will ultimately be decided by a judge or jury. However, by understanding Louisiana Civil Code Article 2323 and working with an experienced attorney in Baton Rouge, Louisiana, you can increase your chances of receiving fair compensation for your injuries, even if you were partially responsible for the accident.
If you've been injured in a car accident in Baton Rouge, Louisiana, or the surrounding areas, understanding Louisiana Civil Code Article 2323 is crucial. It provides the framework for determining the degree of fault in your case, which can significantly impact your compensation. If you're worried about being partially at fault, don't hesitate to contact an experienced personal injury attorney who can help you build a strong case and maximize your recovery. Remember, every case is unique, and the best thing you can do is trust your attorney's expertise and guidance throughout the process.