Determining who was responsible for causing an injury in a New Orleans personal injury lawsuit is not always a clear cut matter. While someone else may have created a dangerous condition that resulted in injury, there are situations where the injured party may have put themselves in a position to be injured. Fortunately for those injured, this does not mean they are completely barred from recovering compensation for the injuries suffered.
Louisiana law allows for the recovery of damages in a personal injury lawsuit even when the conduct of the injured person contributed to his or her injury. The injured person, however, would not recover full damages. Instead, the amount awarded is reduced in proportion to the amount of any responsibility that the judge or jury attributes to that individual.
For example, if an injured person is awarded $100,000 in damages, but is also found to be 50 percent at fault for an accident, the total award is reduced by 50 percent. Under this scenario, the defendant would be required to pay only $50,000 in damages – 50 percent of the total damages – and not the entire $100,000.
Because Louisiana law allows you to recover damages even if you are found partially to blame for your own injury, you should always take steps to protect your right to recover from any other parties who were also responsible. We can be reached at 504-355-0057 or 855-GERTLER if you have any questions regarding your legal rights.