Don’t let your minor contribution to an accident prevent you from seeking compensation, as you may still sue for injury in Louisiana, even if you are partially at fault.
Damages for plaintiffs who are partially at fault for their injuries get reduced proportionally to their attributable negligence. If you are more at fault than the other party, you cannot recover damages. Avoid admitting fault after an accident, stay mindful of the statute of limitations, and fight for all the damages you incurred due to the defendant’s negligence.
Get your free case assessment from the Schoenfeld Law Firm by calling our New Orleans, LA personal injury lawyers at (504) 688-7760.
Can You Recover Compensation if You Are Partially at Fault for a Louisiana Accident?
Louisiana recently changed from a “pure comparative fault state” to a “modified comparative fault state,” meaning the circumstances for victims who are partially at fault in accidents and injuries have slightly changed.
If You Are 50% at Fault or Less
You may still sue for damages if you contribute to an accident but are 50% or less at fault in Louisiana. You may not sue for all damages, however. If you are partially at fault, your damages are reduced proportionally to your liability.
For example, suppose you were recently injured in a car accident in which the other driver was 80% at fault, and you were 20% at fault. In Louisiana, you could still recover 80% of the damages you incurred from the accident, the percentage of fault attributed to the other driver.
If You Are More than 50% at Fault
If you are more than 50% at fault for an accident, you are barred from recovering any compensation in Louisiana and may not file a lawsuit. Don’t assume you are more than 50% at fault and cannot recover damages before our Louisiana personal injury lawyers investigate your case.
What Should You Do if You Are Partially at Fault for an Accident in Louisiana?
If you are partially at fault for an accident in Louisiana, you should seek the maximum compensation available with our lawyers’ help.
Avoid Admitting Fault
Even if you are worried you contributed to a recent accident, avoid admitting fault at the scene. Apologizing, even if you did nothing wrong, can be used by the defense to lower its liability. Don’t assume you also made a mistake or that anything you did contributed to the accident.
Fight for Fair Compensation
If you are partially at fault for an accident, you can most likely still get some compensation in Louisiana. In fact, you might recover most of the damages you incurred. Don’t let your small contribution stop you from pursuing medical bills, lost wages, and other damages. You shouldn’t have to cover all of these damages yourself if you did not primarily cause them.
Stay Mindful of the Statute of Limitations
Being partially at fault doesn’t affect the 2-year personal injury statute of limitations in Louisiana. However, confusion about whether or not you can sue if you are partially at fault might delay your case. This could put you at risk of missing the deadline. Stay mindful of the statute of limitations and contact us about your case immediately so you don’t miss your chance to sue for compensation.
How Can You Get Compensation if You Are Partially at Fault for an Accident?
Many injury claims involving comparative fault settle and never go to court. However, if the defense tries to attribute too much liability to you, you may decide to go to court and seek a jury award.
Settlement
Settlements are common across all injury cases. We will negotiate compensation based on the defendant’s conduct and your own, only accepting an offer that’s fair. Settlements may resolve cases quickly, but that’s never a guarantee.
Jury Award
If the defense refuses to pay enough in a settlement, we can go to trial and prove they are liable for more damages than they claimed to be during settlement talks. A jury may find the defendant mostly at fault and order them to pay most of the plaintiff’s damages.
FAQs About Recovering Compensation if Partially at Fault for Louisiana Accidents
Can You Recover Compensation if I Am 50% at Fault for an Accident in Louisiana?
If you are 50% at fault, you can still sue for half of your damages from an accident in Louisiana. You may not be more than 50% at fault and still sue.
Does Being Partially at Fault Reduce Medical Damages?
Being partially at fault reduces all medical damages proportionally to your liability. The more fault attributed to you, the less compensation you get for medical bills, which may be among your most consequential damages.
Does Being Partially at Fault Reduce Lost Wages?
Being partially at fault reduces all lost wages proportionally to your liability. Don’t accept more fault than you should so that you get as much compensation as possible for lost wages.
Does Being Partially at Fault Reduce Non-Economic Damages?
Being partially at fault also reduces all non-economic damages proportionally to your liability in Louisiana, and our lawyers can explain how that might affect your recovery.
What Evidence Do You Need to Get Compensation if You Are Partially at Fault for an Accident?
You need evidence that proves the defendant is at least 50% or mostly liable for the accident, including eyewitness testimony, security camera footage, photos from the scene, and expert testimony.
What if You Were Partially at Fault for an Accident Before the Recent Law Change in Louisiana?
If your accident occurred before Louisiana’s law change at the beginning of 2026, the previous comparative fault rule would apply, and you wouldn’t be barred from getting compensation, even if you were 99% to blame.
Get Compensation While Partially at Fault with Our Lawyers’ Help
Call the Schoenfeld Law Firm at (504) 688-7760 for help with your case from our Lafayette, LA personal injury lawyers.
