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Comparative Fault

How shared fault affects recovery in Louisiana and Texas, and the rules that govern it.

Comparative fault is a rule for dividing a damages award when the injured person shares some of the blame for what happened. The amount that person collects drops by their own share of responsibility. If someone bears 20 percent of the responsibility for the crash that hurt them, the figure they collect falls by that 20 percent.

This section explains what happens when more than one person is to blame for an injury. Louisiana and Texas each reduce or bar a recovery based on the injured person’s share of fault, and the two states draw the line differently. The pages cover how a percentage of fault is assigned, the 51 percent bar, older doctrines that still come up, and what partial fault does to the value of a claim.

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