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  • Can I still receive compensation if I am partially responsible for my own injury?

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.

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