Frequently Asked Questions in Louisiana

If you or someone you love has been hurt in an accident in Louisiana, you may be facing medical bills, time off work, and a lot of uncertainty. Understanding your legal rights and the resources available in the state can help you take the next steps confidently. From Baton Rouge to New Orleans to rural parishes, accident victims throughout Louisiana often face the same common questions. Below, you’ll find helpful answers that apply specifically to accident-related situations in Louisiana.

How long do I have to file a personal injury lawsuit in Louisiana?

Louisiana has one of the shortest deadlines in the country. You have only one year from the date of your injury to file a personal injury lawsuit. If you miss this window, you will likely lose your right to seek compensation. Because of this strict timeline, it’s important to speak with a lawyer as soon as possible.

What should I do after an accident in Louisiana?

Call 911 immediately and report the incident. Make sure you receive medical attention, even if your injuries seem minor. Exchange insurance and contact information with all parties involved, and take photos of the scene if it’s safe. Afterward, consider speaking to an attorney before talking to the insurance company.

Is Louisiana a fault or no-fault state for car accidents?

Louisiana is a fault-based state. That means the person who caused the accident is generally responsible for paying damages. You can file a claim with your own insurer, the at-fault driver’s insurance, or pursue a lawsuit. Fault laws make it especially important to gather evidence and consult with an attorney if liability is disputed.

Can I recover damages if I was partly at fault?

Yes. Louisiana uses a pure comparative fault system. This means you can recover damages even if you were mostly responsible for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you’re found 70 percent at fault, you can still recover 30 percent of your total damages.

What types of damages can I seek after an accident?

You may be eligible for medical expenses, property damage, lost wages, pain and suffering, and future treatment costs. In serious cases, compensation may also cover long-term disability or loss of earning capacity. The specific damages available will depend on your case. An attorney can help calculate what your claim is worth.

How can I obtain a police report after an accident in Louisiana?

Police reports can typically be requested from the agency that responded to the accident, such as the Louisiana State Police or your local sheriff’s office. You can also visit https://www.lsp.org to find online request forms and instructions. You’ll need to provide information like the date of the crash, names of those involved, and the location.

What if my loved one died in a crash?

If your loved one was killed in an accident caused by someone else’s negligence, you may be able to file a wrongful death lawsuit. In Louisiana, surviving spouses, children, or parents typically have the right to file these claims. Compensation can cover funeral costs, loss of companionship, and future lost income. Like injury cases, wrongful death claims must be filed within one year.

What happens if the driver who hit me has no insurance?

If you’re hit by an uninsured driver, you may be able to use your own uninsured/underinsured motorist coverage if your policy includes it. This coverage is optional in Louisiana, but many policies offer it. If you don’t have UM coverage, you may need to file a personal lawsuit against the at-fault driver. Collecting compensation from an uninsured individual can be difficult without legal help.

Are there financial assistance resources for accident victims?

Yes. Louisiana residents may qualify for Medicaid, Supplemental Nutrition Assistance Program (SNAP), or temporary cash assistance. If the injury was the result of a crime, you may also be eligible for the Louisiana Crime Victims Reparations Fund. These programs can help cover immediate expenses while you focus on recovery.

Should I accept the first settlement offer?

It’s rarely in your best interest to accept the first offer from an insurance company. These offers are often low and may not reflect your full damages. Once you accept a settlement, you typically give up your right to future compensation. A lawyer can help you determine if the offer is fair.

Can I sue a city or the state government if I was injured on public property?

Yes, but there are special procedures and limits for claims against government agencies in Louisiana. You typically have one year to file a notice of claim, and damages may be capped. These types of cases often require extensive documentation. Speak with a lawyer as soon as possible to preserve your rights.

What should I do if I was injured at work?

Workplace injuries in Louisiana are generally covered by workers’ compensation. This system provides benefits for medical bills, lost wages, and disability. You must report the injury to your employer quickly and follow their claim process. If a third party contributed to your injury, you may also have a personal injury claim.

How long does it take to settle a personal injury case in Louisiana?

Some personal injury cases settle in a few months, while others take a year or more. The timeline depends on the severity of your injuries, how cooperative the insurance company is, and whether the case goes to court. Your attorney can help you estimate how long your specific case may take.

Do I really need a personal injury attorney?

You’re not legally required to hire an attorney, but having one can help you maximize your compensation and avoid costly mistakes. A lawyer can negotiate on your behalf, gather evidence, and deal with the insurance company. Most personal injury lawyers in Louisiana work on contingency, meaning you only pay if they win your case.