What Is Pure Comparative Negligence in Louisiana?

What is pure comparative negligence in Louisiana? Pure comparative negligence is a protection that allows you to seek compensation for your injuries even if you partially contributed to them.

The central concept of any personal injury case is negligence, though there may be a time when you have to compare your contribution to your injuries with the other person’s. 

Pure negligence laws can be complicated to address. Don’t let insurance companies pile the blame on you to reduce their payout. Work with an established and skilled New Orleans personal injury lawyer to protect your rights to compensation. 

Understanding Pure Comparative Negligence in Louisiana Personal Injury Claims

You may often hear comparative negligence or pure comparative negligence addressed in the context of a car accident, but the concept applies to any personal injury case. 

Also called comparative fault, CC 2323 explains that this provision prioritizes identifying all individuals at fault and attributing it proportionately to the damages owed.

Many states abide by a modified comparative fault model, which only allows you to claim damages if you are less than 51% responsible for your injuries, limiting claims for many. 

For example, say you hit a car making an improper left turn, but you were also speeding. The other parties may argue that your speed contributed to the accident by making distance more difficult to judge, making you 10% responsible. If the total damages awarded are $100,000, pure comparative negligence laws in Louisiana will allow you to receive $90,000 to adjust for your 10% negligence.

This concept may make you worry about whether you can recover compensation or if the compensation you receive would be worth the time to pursue a lawsuit.

Though it depends on the specific circumstances of your case, many people find it worth it to pursue a claim. If you have concerns about whether your behavior may have contributed to the accident and injuries, it can be incredibly beneficial to speak with your attorney to get ahead of these concerns. 

Establishing Negligence While Navigating Pure Comparative Negligence Barriers

To establish negligence in a personal injury case, you must demonstrate three things to be true. That is, the other party had an obligation or duty to ensure your safety and breached that duty. Additionally, you must show that their breach of that duty caused your injuries. 

In practice, the example above shows that both parties have a duty to abide by traffic laws to ensure their own safety and that of other drivers. The improper left turn and exceeding the speed limit breached that duty. The car accident and resulting injuries were explicitly caused by those breaches, though to varying degrees. 

If you face challenges due to pure comparative negligence in Louisiana, our personal injury lawyer with Scott Vicknair Injury Lawyers may focus on strategies that minimize your lapses while scrutinizing every move the other person made that could be considered negligent. After all, Louisiana law Article 2316 states that every person should be accountable for the damage they cause.

Determining and Apportioning Liability in Louisiana Personal Injury Cases

Negligence, fault, and liability are interconnected in most personal injury cases. Negligence is the behavior that caused the accident or injury. Fault can be considered the person responsible, and liability is essentially a fancier legal term for fault.   

Generally speaking, you must provide evidence to support your claim that a specific party was negligent in your behavior. If you are successful, they are liable for some or all of your damages. However, pure comparative negligence says that you must identify all liable parties to ensure appropriate apportionment. 

 This requirement means that if multiple parties are involved in causing your accident, you cannot simply claim all of the damages from someone who was only 50% responsible. You must pursue the other 50% from the other responsible party.

Third-Party Points of Liability

It might seem weird to think that someone other than the vehicle driver is responsible for the accident they caused, but this may be the case. 

For example, perhaps the area where your accident occurred is known for having terrible visibility, and local municipalities are aware of this. In that case, it may be reasonable to hold the property managers accountable for not addressing a known hazard. 

The Highlights of Louisiana Pure Comparative Negligence Laws

At Scott Vicknair Injury Lawyers, we see a variety of cases come through our doors. When you speak with our team, you will see how our decades of combined experience have allowed us to gain a deep and nuanced understanding of comparative negligence. The application can look different in each case, but some general highlights may help you navigate the process. 

First, if you are partially at fault for the accident, this does not stop you from recovering compensation. However, it may be something to consider with your attorney, depending on how liable you are found. Partial fault can often be a very navigable complication, though one that is critical to share with your lawyer. 

The details matter in a case involving pure comparative negligence. The insurance and legal teams scrutinize every move from both parties in an attempt to adjust percentages for a lower payout.

This focus on minor details can make you vulnerable to unfair payouts if you aren’t familiar with the system and what to look for, making competent and compassionate representation critical to protecting your rights. 

Fight for the Win and Call Scott Vicknair Injury Lawyers Today

Recovering from an injury that someone else caused can cost you precious emotional energy, time, and money. This leaves you depleted and more likely to settle for unfair offers just to be done with the process. Don’t be blindsided by decreased payouts because of pure comparative negligence. 

At Scott Vicknair Injury Lawyers, our Louisiana personal injury attorney is solution-focused and committed to placing your interests ahead of our own.

These ideals are core values integral to our daily operations. Call us today for a free case consultation to explore your options because you don’t have to handle this alone.