The following article will cover:
- The impact of “comparative fault” in personal injury claims resulting from car accidents.
- The process of filing a personal injury claim against uninsured or underinsured drivers.
- Why you should still consider hiring an experienced attorney even if it’s clear who was at fault for your accident.
I Was Partially At Fault For The Car Accident That Caused My Injuries. How Can That Impact My Personal Injury Claim?
In Louisiana, the concept of "comparative fault" plays a significant role in determining the outcomes of personal injury claims resulting from car accidents. Here's what you need to know:
- The principle of comparative fault allows for the division of fault percentages between the parties involved. For instance, responsibility can be apportioned as 50-50, 80-20, etc.
- It's imperative to consider this comparative fault when assessing the potential outcome of your auto accident claim. The allocation of fault can influence the compensation amount you might receive.
I Was Injured In A Car Accident Caused By An Uninsured Or Underinsured Driver. Can I File A Personal Injury Claim And Win?
You can proceed with a claim against an uninsured or underinsured driver. However, your best avenue might be checking if you have an Uninsured/Underinsured Motorist (UM) insurance policy.
In such cases, the most effective way to seek compensation for your injuries is typically through your own UM policy. This approach tends to be a more dependable method for acquiring compensation, rather than pursuing the often minimal assets of an individual driver directly.
If It's Clear That The Other Driver Was At Fault For The Accident That Caused My Serious Injuries, Do I Still Need To Hire An Experienced Attorney?
Working with an attorney is always beneficial, even when it’s clear the other party caused your accident. Hiring an experienced attorney ensures you receive the maximum compensation possible for your injuries by identifying every aspect of your damages. This way, you don’t lose out on the full amount of compensation you deserve by settling for the initial offer an insurance company provides.
Will A Bad Driving Record Hurt My Car Accident Claim?
A less-than-perfect driving record might present challenges if introduced during a lawsuit. However, you should note that a history of traffic violations or prior accidents doesn't automatically invalidate your claim. Ultimately, the decision rests with the judge or jury, who will assess the specific circumstances of the accident in question rather than focusing solely on your driving history.
If I Wasn't Wearing My Seatbelt And I Was Injured In An Accident Caused By Another Driver, Will This Hurt My Chances Of Financial Recovery?
If you weren't wearing a seatbelt during the accident, it might have negative implications. While not wearing a seatbelt can be viewed unfavorably, it doesn't automatically mean that you won’t be able to recover compensation for your losses. However, the amount of compensation you are eligible for might be adjusted based on the fact that you weren't adhering to seatbelt laws, potentially influencing the severity of your injuries. For more information on Filing An Auto Accident Injury Claim In Louisiana, an initial consultation is your next best step.
