Louisiana, Comparative Fault, And Dog Bite Lawsuits

If you were bitten by a dog, then a lawsuit could be a very powerful and useful tool for recovering financial damages. Medical bills can be easily covered by such a lawsuit, as can mental trauma like pain and suffering. However, you want to make sure that you understand the laws of your state before proceeding. If you accidentally read up on the wrong laws, then you may end up being completely misinformed about the subject. To help get you on the right track, here is one of the most important legal concepts that you will need to understand when it comes to filing dog bite lawsuits, and specifically dog bite lawsuits in Louisiana:

How can comparative fault affect your lawsuit?

Comparative negligence is a very important concept when it comes to personal injury lawsuits (such as dog bite lawsuits), since it can determine how much money you win and whether you will even win money in the first place. In states that have strict comparative negligence rules, you can lose all of your damages if the court finds that you were even 1% responsible. In states that have lenient comparative negligence rules, you can get some money, even if you were 99% responsible for your injuries.

What is Louisiana's stance on comparative fault?

Louisiana is firmly in the latter category, allowing you to get some money as long as you were not 100% to blame. This means that a lawsuit could be a good idea even if the evidence suggests that you did play some role in your own injuries. You may not get all of the money that you asked for, but you can still get a decent amount.

The actual law states that your damages will be reduced proportionally to your level of fault, so if you were 10% responsible, then your damages would be accordingly reduced by 10%.

What makes comparative fault so complicated?

The topic can be a little confusing since nearby states (such as Alabama and North Carolina) have much, much stricter comparative fault laws in place. This means that if you read or hear about dog bite lawsuits and rules, then you want to make sure that you check exactly what state it happened in before jumping to any conclusions. If your friend from a couple of states away is telling you that a dog bite lawsuit is a bad idea because they have lost similar lawsuits in the past, then you may want to consider where they live before letting them affect your judgment too much. Consult with a personal injury attorney for more information.