Historically, our state’s legal landscape was much different than the rest of the country. And, while in many ways, over the past few decades, Louisiana has tried to make its laws more uniform with the rest of the country, we still do things a bit differently. One way that we do things differently than many other states is through our comparative fault system.
How does comparative fault work in Louisiana?
The comparative fault system in our state is outlined in Louisiana Civil Code 2323. Essentially, in any personal injury case, the court or jury must assess the fault of everyone involved in the injury, including the victim’s fault percentage. And, that victim’s recoverable damages are reduced by their fault percentage.
For example, if you were injured in a car accident, and you had $100,000 in damages, in many other states, you would be entitled to $100,000. Here, though, if the court or jury finds that you were 25% responsible for the car accident, you can only recover $75,000 from the negligent party. Though, your own insurance company could cover the rest.
Are there any exceptions?
Yes. Comparative fault does not apply to intentional torts in Louisiana. If your personal injury was caused by an intentional act, your claim will not be reduced based on any of your perceived fault.
Never admit fault
One of the most common mistakes that personal injury victims make, especially car accident victims, is admitting fault, like apologizing at the accident scene, mitigating the negligent person’s actions during communications with the insurance company or the other party or in some other way taking on fault themselves. Do not do this. Never admit fault. Even if you think you do have some fault, do not say it. Let the evidence speak for itself.