Louisiana Personal Injury Attorneys

At DearLegal, we connect you with experienced Louisiana personal injury attorneys who understand the state’s civil-law system, the new 2-year prescription period (extended from 1 year by 2024 reform), the Civil Code Article 2315 framework, and the Louisiana Governmental Claims Act. Whether your injury happened in New Orleans, Baton Rouge, Shreveport, Lafayette, on I-10 or I-12, we’ll match you with the right attorney — at no cost to get started.

For tort claims accruing on or after July 1, 2024, two years (HB 315 amended La. Civ. Code art. 3493.1). For earlier claims, the historic one-year prescription period applies. Wrongful death is one year from death under La. Civ. Code art. 2315.2. Louisiana Governmental Claims Act claims have their own service and timing rules.

Under La. Civ. Code art. 2323, your recovery is reduced by your percentage of fault but there is no bar. Combined with several liability under art. 2324(B), every apportionment decision matters.

Auto, truck, and motorcycle crashes (with Louisiana’s direct-action statute); slip-and-falls (with the merchant liability statute La. R.S. 9:2800.6); dog bites (strict liability under La. Civ. Code art. 2321); maritime / Jones Act cases (Louisiana is a major maritime venue); defective products (LPLA); medical malpractice; nursing home neglect; premises liability; negligent security; and wrongful death.

You look at your own uninsured/underinsured motorist coverage, homeowner’s or commercial policies, and any vicarious-liability defendants. Louisiana requires insurers to offer UM/UIM at policy limits and waivers must be in writing under La. R.S. 22:1295.

Most settle, but Orleans, Jefferson, and East Baton Rouge parish juries (and bench trials in many parishes — Louisiana courts use a $50,000 jury threshold) return real outcomes when liability is clear. Defense insurers know which firms try cases.

The Louisiana Governmental Claims Act (La. R.S. 13:5101 et seq.) applies. General damages capped at $500,000 against the State under La. R.S. 13:5106, with separate caps for political subdivisions. Service rules are technical.

Louisiana personal injury attorneys typically take cases on a contingency basis — no upfront cost, and they’re paid a percentage of the recovery only if they win. Typical fees range from 33% to 40% depending on whether the case settles or goes to trial. Case expenses are normally advanced by the firm.

Why Do You Need a Personal Injury Attorney in Louisiana?

Louisiana is a civil-law state — the only one in the U.S. — and its tort law is built on the Civil Code rather than common law. Personal injury claims arise under La. Civ. Code art. 2315 and following. Louisiana applies pure comparative fault under La. Civ. Code art. 2323, so you can recover even when mostly at fault. The historic 1-year prescription period was extended to 2 years for tort claims accruing on or after July 1, 2024 (HB 315). Louisiana’s no-fault threshold doesn’t exist, but it does have a unique direct-action statute allowing plaintiffs to sue the insurer directly. Claims against the State and local government are governed by La. R.S. 13:5101 et seq., with $500,000 / $500,000 caps under La. R.S. 13:5106.

When Do You Need a Personal Injury Attorney in Louisiana?

Our network includes Louisiana personal injury attorneys who handle every kind of case, including:

Types of Personal Injury Cases in Louisiana

From the moment you connect with a Louisiana personal injury attorney, they go to work protecting your claim. The most common case types we handle:

Missing the prescription period — 1 year pre-7/1/2024, 2 years thereafter

Misclassifying maritime cases under standard Louisiana PI rules

Missing the Merchant Liability Act’s strict notice requirements

Missing Medical Review Panel procedures for medical claims

Giving a recorded statement to the defendant’s insurer without counsel

Settling before reaching maximum medical improvement and pricing future care

Missing the prescription period — 1 year pre-7/1/2024, 2 years thereafter

Misclassifying maritime cases under standard Louisiana PI rules

Missing the Merchant Liability Act’s strict notice requirements

Missing Medical Review Panel procedures for medical claims

Giving a recorded statement to the defendant’s insurer without counsel

Settling before reaching maximum medical improvement and pricing future care

Common Louisiana Personal Injury Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Louisiana Personal Injury Attorneys Cost?

33%

Typical starting contingency fee — you pay nothing unless your attorney recovers compensation for you.

Personal injury attorneys in Louisiana work on a contingency fee basis — typically 33% to 40% of the total recovery. Given Louisiana’s civil-law framework, recent reform, and unique direct-action and consortium rules, having experienced local counsel is essential. Case expenses are typically advanced by the firm and deducted from the final recovery.

What Can Your Louisiana Personal Injury Compensation Include?

Economic / Special Damages (No Cap)

Past and future medical bills, lost wages, lost earning capacity, and out-of-pocket costs — uncapped in standard PI cases. Governmental Claims Act and Medical Malpractice Act caps apply in those contexts.

General Damages (No Cap in standard PI)

Pain and suffering, mental anguish, loss of enjoyment, disability, disfigurement — no statutory cap in standard cases. Governmental claims capped at $500,000 under La. R.S. 13:5106; medical malpractice capped at $500,000 (above past medical) under La. R.S. 40:1231.2.

Punitive (Exemplary) Damages

Generally unavailable in Louisiana except where specifically authorized by statute (e.g., La. Civ. Code art. 2315.4 for DWI-related injuries, certain consumer protection violations, and others).

Loss of Consortium

Recoverable under La. Civ. Code art. 2315 by the spouse, children, and parents — Louisiana is one of the most expansive states on consortium recovery.

Wrongful Death and Survival

Separate actions under La. Civ. Code art. 2315.1 (survival) and 2315.2 (wrongful death), each with its own beneficiaries and damages. Loss of love and affection, pecuniary loss, and pre-death pain and suffering all recoverable.

Direct Action Against Insurer

Louisiana-specific: under the Direct Action Statute (La. R.S. 22:1269), an injured party can in many cases sue the tortfeasor’s liability insurer directly — a unique procedural feature with strategic implications.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Louisiana Personal Injury Attorneys

Why Do You Need a Personal Injury Attorney in Louisiana?

When Do You Need a Personal Injury Attorney in Louisiana?

Types of Personal Injury Cases in Louisiana

Common Louisiana Personal Injury Mistakes

How Much Do Louisiana Personal Injury Attorneys Cost?

What Can Your Louisiana Personal Injury Compensation Include?

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