Can I Still Get Compensation If I Was Found to Be Partly at Fault for My Accident?
You take a risk each time you get behind the wheel. All it takes is a moment’s delayed glance in the rear view mirror for a New Orleans car accident to occur. One minute you are checking on your bickering children in the back seat and the next you hear a sickening “crunch” and feel a jolt from wrecking into another car. Yes, you could be partly at fault for the accident because you took your eyes off the road.
However, Louisiana law recognizes that the fault of an accident often doesn’t reside with just one driver. The other driver may also be partly to blame because he or she too was distracted for the moment. That means that you may be able to receive compensation for damage caused by the other driver’s own negligent behavior in the car wreck. How? Based upon how much you are NOT at fault versus the other driver (comparative negligence.)
What is Comparative Negligence?
Comparative negligence simply means that the court weighs each driver’s responsibility for the accident and assigns it a percentage of “fault.” So, for example, if you are 10% responsible for the accident and the other driver is 90% responsible for the accident, the court will take this into consideration as you seek to recover damages. The court then will award damages reduced in proportion to your own fault and assigned in proportion to the other party’s fault.
Let’s say that you’re seeking to recover damages so that you can repair the $5000 worth of damage to your vehicle that has happened as a result of the accident. They award you $4,500 because of the 10% fault.
By the same token, the other driver will also receive compensation for property damages or injuries driver or passengers received as a result of the accident. If the compensation totals $2,000, the other driver will receive 10% of that, or $200.
Filing a Compensation Claim After a Car Wreck
You can file for compensation for any of the following personal injuries that resulted from a car wreck:
- Mental anguish;
- Pain and suffering;
- Property damage;
- Loss of consortium (companionship), in the event a spouse or family member injured or even killed in the accident;
- Lost income; and,
- Loss of future earning capacity.
However, it is important that you file your compensation plan in a timely manner. The sooner, the better. Don’t wait!
Car Wreck Statute of Limitations
Make sure you contact an experienced New Orleans personal injury attorney as soon as possible after the accident. In Louisiana, the statute of limitations to file a lawsuit against another driver for negligence is usually one year. Doing so within the time limits may help ensure that you receive the compensation you deserve.
Confused about New Orleans car accident compensation? We can help!
Mike Brandner Injury Attorneys will fight for you to see that you get the New Orleans car accident compensation you deserve. Our legal team offers free consultations, and there’s no fee unless we win your case. We are available 24/7 to take your call (504) 345-1111. Or, you can contact us via LiveChat – don’t wait! The clock is ticking! Time waits for no person.
The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.