New Orleans Car Accident Lawyer: Trial-Ready Since 2003

It depends on the date of your crash. After July 1, 2024, you usually have two years to file. Before that date, the deadline is one year. Wrongful death and medical malpractice cases still follow a one-year limit. If you are unsure which rule applies to your case, or you are within months of either deadline, contact us today.

The answer changed on January 1, 2026. For incidents on or after that date, Louisiana uses a modified comparative fault system with a 51% bar under Art. 2323, as amended by Act 15 / HB 431. If you are 51% or more at fault, you cannot recover anything. If your fault is below 51%, your recovery is reduced by your percentage of negligence. See our comparative negligence explainer for examples that match common fact patterns.

In most cases filed on or after August 1, 2024, no. Louisiana’s amended Direct Action Statute (R.S. 22:1269) generally requires claims to be brought against the at-fault driver first, with limited exceptions, such as uninsured motorist coverage, insolvency, or certain procedural situations. The insurer is still involved behind the scenes, but the legal framing of the case has shifted, altering how claims are initiated and negotiated.

Not before getting legal advice. Their job is to protect the insurer, not you, and even small statements can be used later to dispute fault or injuries. You are not required to give a recorded statement. Your own insurer is different and usually requires prompt notice, but it still helps to be careful with the details early on.

Medical expenses (past and future), lost wages, lost earning capacity, property damage, and out-of-pocket costs are all recoverable as economic damages. Pain and suffering, mental anguish, loss of enjoyment of life, scarring, and loss of consortium are recoverable as non-economic damages, with no cap in most Louisiana car accident cases. Exemplary damages may also be available if the at-fault driver was intoxicated, under Art. 2315.4.

Yes, if you were driving uninsured at the time of the crash. Under Act 16 (HB 434), effective August 1, 2025, an uninsured driver cannot recover the first $100,000 in bodily injury damages or the first $100,000 in property damage. The old thresholds were $15,000 and $25,000. If an uninsured plaintiff is awarded $100,000 or less, they are responsible for all court costs of all parties. Read more on Louisiana’s No Pay, No Play law.

You may still be able to recover compensation. If the at-fault driver is uninsured, your own uninsured motorist (UM) coverage often steps in and acts like the missing insurance policy. Louisiana law requires minimum liability coverage, but many drivers either carry too little or none at all. In those situations, your UM or UIM coverage becomes the primary source of recovery.

Yes. You can still file a claim weeks after the accident as long as you are within Louisiana’s filing deadline. But waiting can make things harder. Evidence can fade, witnesses become harder to reach, and insurers may try to argue the delay means your injuries were not serious. Even though you may have up to two years for newer cases, the strongest claims are usually built early, when records and details are still fresh.