If you’ve been injured in an accident in Louisiana, you’ve probably come across legal terms that make your head spin. One you can’t afford to ignore is “pure comparative negligence”—a rule that could make or break your claim. Whether you’re partially at fault or not, understanding this concept is key to getting the compensation you need after an accident. And let’s be real: the insurance companies are banking on you not knowing how it works.
At RUDIN LAW, our personal injury attorneys in New Orleans don’t play nice with insurance adjusters who try to twist the rules to their advantage. Louisiana’s pure comparative negligence law means you can still recover damages even if you share some blame for the accident—but don’t expect the insurance companies to tell you that. This blog breaks down what pure comparative negligence is, how it applies to your case, and why you need an aggressive advocate who’s not afraid to GET RUDE when insurance companies push back.
How Louisiana Handles Fault in Personal Injury Cases
Louisiana operates under a pure comparative negligence system, which means your compensation is directly reduced by your percentage of fault. Let’s break it down with some examples:
- You’re 20% at fault: If your damages total $100,000, you’re eligible to recover $80,000.
- You’re 50% at fault: You can still recover $50,000.
- You’re 99% at fault: Yes, even then, you can claim 1% of the damages.
This system is laid out in Louisiana Civil Code Article 2323, and it’s one of the few legal protections that ensures even partially at-fault parties aren’t left out in the cold. But don’t think the insurance companies will hand over your portion without a fight. That’s where we step in.
The Insurance Companies’ Blame Game
Insurance companies love the pure comparative negligence rule—not because it’s fair, but because it gives them a chance to blame you. Their goal? To reduce your payout by inflating your share of the fault. Here’s how they play the game:
- Blame-shifting: They’ll dig through every detail of your actions to argue you were more responsible than you really were.
- Dragging out investigations: Delays give them more time to build a case against you, hoping you’ll settle for less out of frustration.
- Twisting the evidence: Expect them to take your statements out of context or manipulate the facts to their advantage.
This isn’t a time for politeness. At RUDIN LAW, we’re not afraid to GET RUDE and call out their tactics. We fight back with hard evidence and a thorough strategy to make sure your share of the fault is accurately represented—or eliminated entirely.
Scenarios Where Pure Comparative Negligence Comes Into Play
Pure comparative negligence applies in many types of personal injury cases. Here’s how it might affect your claim:
- Car Accidents: You’re rear-ended but didn’t have your turn signal on. The other driver is clearly at fault, but they might argue you’re partially responsible. Suddenly, your compensation is on the line.
- Premises Liability: You slip on a wet floor in a grocery store, but they claim you were distracted by your phone. Now they’re trying to pin the blame on you instead of owning up to their negligence.
- Bicycle Accidents: You’re hit by a car while riding your bike. The driver didn’t yield, but they argue you were cycling outside the designated bike lane. The blame game begins.
- Dog Bites: In Louisiana, dog owners are typically strictly liable if their pet bites someone. But if the owner claims you provoked the dog, they might try to reduce their responsibility under the pure comparative negligence rule.
In every case, pure comparative negligence doesn’t mean you lose—it means you need someone ready to fight back. At RUDIN LAW, we don’t let insurance companies twist the facts. We push back hard to make sure you get the compensation you’re owed, no matter how much blame they try to shift onto you.
What to Do If the Insurance Company Points Fingers at You
If the other side is trying to stick you with more fault than you should have, here’s what you need to do:
Stay Silent
Don’t give a recorded statement to the insurance company without speaking to an attorney first. Insurance adjusters are trained to twist your words to shift blame onto you. Protect yourself by staying quiet and letting an attorney handle the communication.
It’s Time to Call a New Orleans Accident Attorney
When the blame game starts, having a New Orleans accident attorney in your corner can change everything. Here’s how RUDIN LAW steps in to level the playing field:
- Challenge Fault Assignments: We expose weak claims and push back against unfair fault percentages.
- Build a Strong Case: From collecting police reports to uncovering hidden evidence, we handle the heavy lifting.
- Take Control in Negotiations: We won’t let the insurance company steamroll you or minimize your claim.
At RUDIN LAW, we know how the system works—and we know how to push back when insurance companies try to avoid accountability. If they want to play games, it’s time to GET RUDE and make them play by the rules.
Louisiana’s Statute of Limitations for Personal Injury Cases
Here’s a game-changer: As of July 1, 2024, Louisiana extended the statute of limitations for personal injury cases to two years. That’s right—you’ve now got double the time to file a lawsuit if your accident happened on or after this date. But don’t get too comfortable—two years can fly by when insurance companies are dragging their feet and hoping you’ll let the clock run out.
For accidents before July 1, 2024, the old one-year deadline still applies. Miss these deadlines, and you’re out of luck—no extensions, no excuses, no second chances.
If you’re wondering whether the two-year rule applies to your case, stop wasting time and call RUDIN LAW. We’ll cut through the confusion and make sure your claim gets filed before it’s too late. Waiting gives the insurance companies exactly what they want, so let’s GET RUDE and get your case moving.
Why You Need a Lawyer Who’s Ready to GET RUDE
When insurance companies think you don’t know how pure comparative negligence works, they’ll try to take advantage of you. At RUDIN LAW, we follow the R-U-D-E Method. We don’t let insurance companies call the shots. We’re here to make sure they know you mean business.
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Stop Letting Insurance Companies Shift the Blame—Fight Back Now
When insurance companies try to twist the facts and minimize your claim, it’s time to take action. At RUDIN LAW, we don’t just represent clients—we fight for them. You’ll work directly with a New Orleans personal injury attorney who knows how insurance companies think and isn’t afraid to take an aggressive stance to protect your rights.
With over a decade of inside experience working for insurance companies, we know how to counter their tactics and demand accountability. We don’t let their delay tactics and blame games cost you.
Call RUDIN LAW at (504) 500-5504 for a FREE case review, or fill out our confidential online form today. We’ll cut through the confusion, stand up to the insurance company, and fight for your rights. Let’s put the pressure where it belongs—on the insurance companies.
It’s time to GET RUDE and take control of your case. At RUDIN LAW, we fight for individuals and families across Louisiana and Texas.
Get Hurt? Get Help. GET RUDE.
Copyright © 2024. RUDIN LAW. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
RUDIN LAW
5500 Prytania St. #404
New Orleans, LA 70115
(504) 500-5504
https://getrude.com/
