In both Texas and Louisiana, many people can still receive compensation even if they are partially at fault for their own injuries. The rules are different in each state.
In Louisiana, a personal injury plaintiff may recover compensation for injuries even if he or she is 99 percent at fault for them. If the court finds that another party’s negligence contributed even one percent to the injury, then the plaintiff is entitled to compensation. But the amount of compensation that the plaintiff receives will only be equal to the percentage of negligence attributable to the defendant — meaning that the amount of the award is reduced by the degree to which the plaintiff contributed to his or her own injury.
It is important to note that in Louisiana, the above rule about compensation does not apply if the other party caused the injury intentionally. If the other party intended to cause the injury, then even if the plaintiff also contributed to his or her own injuries, the amount of the compensation is not reduced at all.
In Texas, a personal injury plaintiff can recover compensation for his or her injuries as long as he or she is less than 51 percent at fault for the injury. If the court finds that the plaintiff is 51 percent or more at fault for the injury, then the plaintiff cannot recover compensation. Like in Louisiana, if a plaintiff is partially responsible for his or her own injuries, then the amount of the award is reduced by the degree to which the plaintiff contributed to his or her own injury.
The experienced attorneys with LaGarde Law can evaluate personal injury cases for free to help anyone who has suffered an injury understand whether he or she may be entitled to compensation.
Other FAQs
- Am I covered under the Jones Act?
- Can I pursue a wrongful death claim regarding my family member’s death?
- Can I receive compensation for a car accident or truck accident injury?
- Can I receive compensation for an oil rig injury?
- Can I receive compensation if I was injured by a product, such as a ladder or a power tool?
- Can I still receive compensation if I am partially responsible for my own injury?
- Do I have a personal injury case?
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- How much is my case worth?
- How much will it cost to hire a lawyer?
- How should I choose a lawyer?
- If I am injured while on someone else’s property, can I receive compensation?
- What are compensatory damages?
- What Are Mineral Rights?
- What can I do if someone is spreading false information about my business?
- What if I am not sure who is at fault for my injury?
- What if the person at fault for my accident is deceased?
- What is a “material” breach of contract under Texas law and why is it important?
- What Is a Wrongful Death Claim?
- What is my Houston personal injury case worth?
- What is repudiation of a contract?
- What is the Death on the High Seas Act?
- What is the difference between mediation and arbitration?
- What Is the Jones Act?
- What makes a trucking accident different from other auto accidents?
- What should I do after an accident or injury?
- What should I do if I am having trouble with a business insurance claim?
- What should I do if I feel that my insurance claim was unfairly denied?
- What should I do if I’m involved in a traffic accident?
- Who can file a wrongful death lawsuit in Louisiana?
- Who can file a wrongful death lawsuit in Texas?
- Will I have to testify in court for my personal injury case?
- Will my case have to go to trial?
