Partner at AKD Lawyers
Practice Areas: Personal Injury
After an injury, it can be hard to know what to do next. You may need to deal with an insurance company, collect evidence, get medical care, and meet a legal deadline.
Louisiana also has specific rules for personal injury claims. These rules cover fault, evidence, and how a case moves through the court system.
This guide explains the Louisiana personal injury claim process, including what happens before you file a lawsuit, the steps after filing, and how courts evaluate injury cases.
How the Louisiana Personal Injury Claim Process Works
Louisiana personal injury claims are civil cases that may arise when someone is injured because another person or company failed to act with reasonable care.
These claims often involve situations such as:
- Vehicle accidents.
- Slip and fall injuries.
- Unsafe property conditions
- Defective products
- Other preventable accidents
Louisiana uses a fault-based system. If another person or company caused your injury, you may be able to seek money from them. You may do this through an insurance claim or a lawsuit.
To prove a negligence claim, you generally need to show four things:
- The other person had a duty to act with reasonable care.
- They failed to do so.
- Their actions caused your injury.
- You suffered losses because of the injury.
These principles come from Louisiana Civil Code Articles 2315 and 2316, which form the foundation of many personal injury claims.
Evidence can show what happened, who caused the injury, and how it affected you.
Louisiana Personal Injury Claim Filing Deadline
You need to know your claim deadline. If you wait too long, you may lose the right to file. Louisiana uses the term prescriptive period for this legal deadline. The deadline can depend on when the injury happened and the type of claim.
For many injuries that happened on or after July 1, 2024, Louisiana law gives you two years to file a personal injury claim. Earlier claims may follow the old one-year deadline under Louisiana Civil Code Article 3492.
Some cases may have different rules. This can include claims involving minors, delayed discovery, or certain types of injuries.
Missing the deadline may mean you can no longer bring a personal injury claim.
Should You File a Claim or a Lawsuit?
A personal injury case does not always start with a lawsuit. Many people start by filing an insurance claim. They gather medical records, accident reports, photos, and other evidence. They may also try to settle with the insurance company.
A lawsuit may be needed when:
- The other side denies fault.
- The insurance company denies the claim.
- The payment offered does not cover the losses.
- The parties cannot agree on a settlement.
What happens next depends on the facts of the case.
Where Is a Louisiana Personal Injury Lawsuit Filed?
The location of a lawsuit matters. Most Louisiana personal injury lawsuits are filed in state district court. Two terms are important here: jurisdiction and venue.
Jurisdiction means a court has the legal power to hear the case. Venue means the case is being filed in the right place.
A personal injury case may be filed in the parish where:
- The accident happened
- The defendant lives
- The business responsible for the injury is located.
Filing in the wrong parish can cause delays or other problems. Choose the correct court and location before filing.
Steps in the Louisiana Personal Injury Claim Process
A personal injury case can follow these steps:
- Get medical care: See a doctor and keep your medical records.
- Collect evidence: Save photos, accident reports, medical records, and witness information.
- File the complaint: If a lawsuit is needed, the case begins when you file the complaint with the court.
- Serve the defendant: The defendant receives the lawsuit and gets a chance to respond.
- Go through discovery: Both sides share information and evidence. This can include documents, written questions, and depositions.
- Try to settle: The parties may try to reach an agreement before trial.
- Go to trial: If they cannot agree, a judge or jury may decide the case.
The exact process can vary based on the facts, evidence, and whether the claim settles before trial.
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Proving Negligence Under Louisiana Law
To prove negligence, you generally need to show that another person failed to use reasonable care and that this caused your injury.
Evidence may include:
- Medical records
- Accident reports
- Photos
- Witness statements
- Expert opinions
- Other records about the accident
You also need to show how the accident caused your injury. Medical records and other evidence can help connect the injury to the accident. If you have questions about negligence in your case , New Orleans personal injury lawyers can explain how Louisiana law may apply.
Louisiana’s Comparative Fault Rule and How It Affects Compensation
Louisiana uses a pure comparative fault system. This means you may still receive compensation if you were partly at fault for the accident. But your share of the fault can reduce the amount you receive. For example, if you are found 25% at fault, your compensation may be reduced by 25%.
Because fault can affect how much you receive, keep evidence that shows what happened.
Types of Damages in Louisiana Personal Injury Cases
The money you may recover depends on your injury and the facts of your case.
Damages may include:
- Economic damages: Medical bills, rehabilitation costs, lost wages, and other financial losses.
- Non-economic damages: Pain, emotional effects, and changes to your quality of life.
- Punitive damages: Extra damages that are available only in certain cases involving specific conduct.
The types and amount of damages depend on the case.
Louisiana Personal Injury Claim Timeline
|
Step |
What Happens |
General Time |
| Medical care | You get treatment and keep medical records. | Right after the injury |
| File complaint | The lawsuit is filed with the court. | Weeks or later |
| Serve defendant | The defendant receives the lawsuit. | Often within weeks |
| Discovery | Both sides exchange information and evidence. | Often takes months |
| Settlement talks | The parties try to reach an agreement. | Can happen throughout the case |
| Trial | A judge or jury hears the case if it does not settle. | Depends on the court |
The timing can vary from case to case. Some cases settle quickly. Others take much longer, especially when they go to trial.
FAQs
How long does a personal injury claim take in Louisiana?
It depends on the injury, the amount of evidence, settlement talks, the court schedule, and whether the case goes to trial.
What happens after filing a personal injury lawsuit in Louisiana?
The defendant receives the lawsuit. Both sides then exchange information and evidence. They may also try to settle the case before trial.
What documents should be gathered before filing a personal injury claim?
Useful records may include medical records, photos, accident reports, treatment records, and witness information.
Do all personal injury lawsuits go to trial?
No. Many cases settle before trial. A case may go to trial when the parties cannot agree on a settlement.
Which court hears personal injury cases in Louisiana?
Most personal injury lawsuits are filed in Louisiana state district courts. The correct court and parish depend on the venue rules that apply to the case.
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A Louisiana personal injury claim can involve deadlines, evidence, fault, and several steps. The rules that apply can also depend on the facts of your case.
If you have questions about a personal injury claim , Alvendia, Kelly & Demarest Law Firm can explain how Louisiana law may apply to your situation. You can request a free consultation to discuss your case.
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In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.
