Posted in Car Accidents on December 23, 2021
In some cases, you may be partially at fault for your car accident. While there is a vast difference between being at fault and only partially responsible, the implications can significantly affect your right to file a claim.
When negligence can be shared between both motor vehicle drivers, it is important that you know your rights.
When you are injured in an accident involving negligence determining fault is critical. Every state differs slightly on tort liability. In Louisiana, the law upholds a modified comparative negligence rule or the shared fault rule.
In a modified comparative negligence state, when a person is harmed in an accident, liability can be assigned to “all persons causing or contributing to the injury, death, or loss.” Fault is then expressed as a percentage:
Under modified comparative negligence, the teenager is able to file a claim for compensation as long as she is less than 50% responsible for her injuries. Her settlement will also be determined by her percentage of fault:
If you are partially at fault for your injuries, you can still file a claim to recover the damages you deserve.
While you may be partially at fault for your injuries, many factors will determine the percentage of fault and if you can recover damages. A skilled personal injury attorney can help you navigate the complexities of the claims process and prevent you from making common mistakes that can damage your case.
The insurance company will base the degree of fault on the circumstances of the accident and will usually call the injured party almost immediately following the incident. Important factors in the decision will include:
However, insurance companies are motivated by profit. It is in their best interests to minimize any possible payout or find grounds to deny your claim altogether. Some of the biggest mistakes injury victims make that hurt their case include:
Can be used as an admission of fault
Could be used to argue your injuries are preexisting
May be used to minimize your actual injuries
Including family, friends, or those involved at the scene
Anything you say may be twisted and used against you
Never speculate or try to guess and only answer factual questions
It has been overused and now serves as a red flag to insurance agents
Quick settlements are usually offered far below your case value used to entice victims into accepting a small payout in return for fast money
When anything you say can potentially be used against you, never volunteer information
An insurance adjuster will try to find anything that can be used to put a greater share of fault on you to minimize your settlement or deny your claim.
The best way to protect yourself is with qualified representation.
When you are seriously hurt in a negligent accident, we understand that you need someone to look out for your best interests. Our knowledgeable attorneys will help you protect your right to recover damages.
Choosing an attorney for your claim is a very personal decision. You deserve to have someone in your corner who will guide you through the process and provide responsive communication. At the Law Office of John W. Redmann, LLC, we have a long track record of achieving higher-than-expected results for our clients.
Our New Orleans personal injury lawyers will fight to recover damages for your injuries, including:
Every case is different. Schedule a free consultation with one of our experienced attorneys today by calling (504) 500-5000.