You may still be able to recover partial compensation for your pain and suffering if you were found to be partially at fault for the accident. Since Louisiana determines liability under a pure comparative system, you may recover compensation from any other party that was found to be responsible for the accident; however, the amount of compensation you will be able to recover will be reduced by the amount of responsibility a judge determines you to share for the accident. In more practical terms, you would only be able to recover 60% of the total damages awarded for your claim if you were found to be 40% responsible for the accident.
If you or a loved one was injured in a catastrophic accident, you should consult with a Baton Rouge personal injury attorney at the Cazayoux Ewing Law Firm about the amount of compensation you may be able to recover for your pain and suffering, even if you were found to be partially at fault for the accident. To speak with a personal injury attorney in Baton Rouge about the particulars of your accident, please call our offices at (225) 650-7400 today.
The financial burdens that often come to be associated with catastrophic accidents can quickly become overwhelming for victims and their families. While it may be possible for victims to recover compensation from the party responsible for the accident, these claims can hinge upon the victim’s ability to establish that some negligent action or inaction caused the accident itself. Bearing that in mind, it will be necessary to establish that the following basic aspects were true of the party believed to be responsible for the accident:
- That the party had some duty to fulfill —for instance, not to drive while under the influence;
- That this duty was disregarded—for instance, he or she drove while drunk;
- That this breach of duty actually led to the accident—for instance, the wreck was caused by impairment;
- That the accident should have been an obvious consequence of breaching this duty—for instance, it would be obvious that impairment could cause an accident; and
- That this breach of duty resulted in actual harm—for instance, you or a loved one was hurt by a drunk driver.
If you believe that your catastrophic injury was the result of another’s negligence, you should consult with a Baton Rouge personal injury attorney at the Cazayoux Ewing Law Firm about what legal action may now be available to you and your family. To speak with a Baton Rouge personal injury attorney about the particulars of your circumstances, please call our Baton Rouge offices at (225) 650-7400 today.