Personal Injury Lawyers in Louisiana

Your rights in Louisiana

Deadlines are the statute of limitations. Missing one usually bars the claim, so confirm the deadline that applies with a local attorney.

For most Louisiana injuries occurring on or after July 1, 2024, you have two years from the date of injury to file a lawsuit. Older claims had a one-year deadline. Medical malpractice claims must be filed within one year of discovery, with a three-year maximum. Wrongful death claims carry a one-year deadline from the date of death, and government claims also require filing within one year. Tolling rules apply during a minor's minority. Louisiana uses modified comparative negligence with a 51% bar: you recover if your fault is 50% or less. For example, on a $100,000 claim where you are 30% at fault, you recover $70,000. At 51% or more fault, you recover nothing. Medical malpractice damages are capped by statute, while general injury damages are generally uncapped. Louisiana is an at-fault auto insurance state.

What a claim is worth in Louisiana

National ranges for context, not a Louisiana average. Your case depends on your injuries, evidence, and insurance.

In Louisiana, your share of fault directly changes what a claim is worth under the modified comparative negligence rule with a 51% bar: you recover if your fault is 50% or less, and your percentage reduces the payout. Damage caps also matter here because medical malpractice damages are capped by statute, while general injury damages are generally uncapped. Beyond those Louisiana rules, insurers often use a multiplier method, adding economic damages to pain and suffering, sometimes multiplying economic losses by 1.5 to 5, and waiting until you reach maximum medical improvement.

How a claim works in Louisiana

After a Louisiana injury, the first steps are getting medical care and documenting the incident, including photos, witness details, and records of your treatment. An attorney then reviews your records and sends a demand letter to the insurer. Negotiation follows, and if no fair offer comes, a lawsuit can be filed. Keep the filing deadline in mind: Louisiana gives you two years from the date of injury for claims arising on or after July 1, 2024, while older claims had one year. Meeting that deadline protects your right to pursue the claim.

Do you have a case?

To have a case in Louisiana, you generally need to show four negligence elements: the other party owed you a duty, breached that duty, caused your injury, and produced damages. Louisiana's modified comparative negligence rule with a 51% bar means you recover if your fault is 50% or less, and your percentage reduces the recovery. At 51% or more fault, you recover nothing. Practically, that makes evidence of the other party's fault and careful documentation of your own conduct important from the start.

• DutySomeone owed you a reasonable standard of care.
• BreachThey failed that duty through action or neglect.
• CausationThat breach is what caused your injury.
• DamagesYou suffered real harm, from bills to lasting effects.