How Louisiana’s ‘Fault’ Laws Affect Your Personal Injury Claim

When preparing for a case, it’s critical to understand how Louisiana’s ‘fault’ laws affect your personal injury claim. It’s also strongly advisable that you consult a qualified and experienced personal injury attorney about your situation to improve your chances of a favorable outcome.

Types of Personal Injury Cases in Louisiana

There are numerous types of personal injury cases filed every year in Louisiana and across the country, including car accidents and workplace incidents. In 2024, there were 96 fatal occupational injuries reported in Louisiana.

Additionally, drivers from Louisiana are thought to file twice as many bodily injury claims per capita compared to the national average, accounting for 3.65 percent of the country’s injury cases.

If you have sustained an injury or other damage from one of these instances, be sure to hire a personal injury lawyer right away:

• Motor vehicle crashes.
• Workplace accidents or occupational illnesses.
• Slips, trips, or falls.
• Defective or dangerous products.

Understanding Fault in Personal Injury Laws in LA

The basis for a personal injury case is that another party’s negligent actions led to the accident that caused you real damages. However, depending on the circumstances, the accused party may be able to prove that you were partially at fault for the accident.

This can impact a case because if you are awarded a settlement, it will be reduced by the percentage amount you are found to be responsible for the incident. For example, if you were 30 percent liable for the accident, you would still be able to pursue up to 70 percent of the total damages amount.

This is due to Louisiana’s comparative fault doctrine. Under this modified comparative fault system, an injured party only retains their right to seek compensation if they are deemed to be 50 percent or less responsible. An exception to this is most workplace accidents, which instead follow a no-fault system.

It’s important to consult an injury lawyer to verify whether you have a viable claim. Document the scene after getting injured, immediately seek medical attention, and refrain from admitting fault. Your legal counsel can also gather compelling evidence to support your case, including:

• Photos
• Videos
• Witness statements
• Medical records
• The police report

These pieces of evidence have a shelf life, meaning they are more likely to fade over time. Speak to an attorney after your accident as soon as possible to increase the time you have to recover important details.

Why You Should Hire a Personal Injury Lawyer

There are several reasons why you should work with an injury law professional in Louisiana. The state’s personal injury laws can be complex, including issues such as partial fault and determining a fair settlement amount. When you work with a skilled lawyer, you are taking action to protect your rights and increase your chances of receiving an optimal compensation award.

If you are looking for an experienced Louisiana personal injury attorney in the Calcasieu or East Baton Rouge Parish areas, look no further than FHD Law. We are proud to treat each client’s case with the utmost importance, attention, and care. Our local attorneys have more than 80 years of combined legal experience, providing comprehensive resources with a tailored approach to a wide variety of personal injury cases.

Where a Louisiana personal injury case may be handled depends on which parish the incident took place in, among other important factors. For example, an injury claim in Lake Charles is most likely to be handled by the 14th Judicial District Court in Calcasieu Parish. This courthouse is located at 1000 Ryan Street, Lake Charles, LA 70601.

FAQs

Get in Touch with a Personal Injury Attorney Today

Whether your case seems simple or impossible, you can feel confident in your legal representation when you bring your personal injury claim to FHD Law. Reach out to us today to schedule an initial consultation where we can assess the strength of your claim, answer your questions, and guide you through every step of the process.