Louisiana Personal Injury Lawyers

Name: Louisiana
Brand: Big Auto Accident Attorneys

Louisiana runs on civil law, not common law, which means its injury rules—deadlines, fault, even the vocabulary—work differently than in most other states. Getting that right matters.

Why Louisiana's Legal System Works Differently

Louisiana's injury laws don't always match what you'll find researching "typical" state law online. Filing deadlines are called prescriptive periods rather than statutes of limitations, fault-sharing rules recently changed, and claims against public entities follow their own procedures. Big Auto Accident Attorneys works with injured clients nationwide, including throughout Louisiana, and applies the state's actual rules rather than assumptions carried over from other states.

Delictual Actions Cover More Than Car Wrecks

Louisiana's civil code groups injury cases under the term "delictual actions," and that category reaches well beyond roadway collisions. Our caseload in the state includes:

Vehicle collisions involving cars, motorcycles, and commercial trucks
Premises liability, including negligent security
Slip, trip, and fall incidents
Medical malpractice
Claims involving a state or local government entity
Product defects and design flaws
Dog bites and animal attacks
Wrongful death

The label may be unfamiliar, but the underlying question in every one of these is the same: did someone's carelessness cause your injury?

How Much Time Do You Have to File?

Louisiana recently extended its filing deadline. Civil Code Article 3493.1, effective July 1, 2024, gives most injury claimants two years from the date of injury to file suit, up from the one year the state used for decades. That change brought Louisiana closer in line with most other states. However, the clock still starts the day the injury occurs, and certain claim types retain shorter or different rules, so confirming the exact deadline for your specific situation is still worth doing early.

How We Help Practice Areas

We handle serious injury cases nationwide. If you’ve been hurt, we can help.

Car Accidents

Hit-and-run, drunk driving, rear-end,  T-bone, and 15 more sub-types. The most common injury case in Phoenix.

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Motorcycle Accidents

Riders face bias from insurers and juries. We build cases that counter that bias and fight for full compensation.

More About Motorcycle Accidents

Truck Accidents

18-wheelers, semis, and commercial trucks cause catastrophic injuries. These cases require resources most firms don’t have.

More About Truck Accidents

Rideshare Accidents

Uber and Lyft accidents involve complex insurance layers. We navigate the coverage maze so you don’t have to.

More About Rideshare Accidents

Wrongful Death

When negligence takes a life, families deserve justice and financial security. We handle these cases with care and urgency.

More About Wrongful Death

Commercial Vehicles

Delivery trucks, construction vehicles, and fleet accidents. Corporate defendants require aggressive legal strategy.

More About Commercial Vehicles

Boating Accidents

Boating accidents involve unique maritime laws and liability rules. We navigate the complexities so you get the compensation you deserve.

More About Boating Accidents

Dog Bites

Dog bites can mean serious injury, medical bills, and trauma. We hold negligent owners accountable so you can focus on healing.

More About Dog Bites

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Louisiana's Modified Comparative Fault Standard

For accidents occurring on or after January 1, 2026, the state follows a modified comparative fault rule with a 51% bar to recovery. If you are found 50% or less responsible, you can still recover compensation, with your award reduced by your percentage of fault. If a jury finds you 40% responsible for a $100,000 claim, you'd still be entitled to roughly $60,000. But if you are found 51% or more at fault, you recover nothing. Because a few percentage points can decide whether you recover at all, insurers have a strong incentive to shift blame onto you, making the fault allocation one of the most contested parts of a claim.

Filing a Claim Against a Public Entity

Claims against the state, a state agency, or a local government body follow the Louisiana Governmental Claims Act (R.S. 13:5101 et seq.), which sets separate procedural rules for how these suits must be filed and against whom. While the same prescriptive period generally applies, government cases often involve added complexity around venue, service of process, and identifying the correct responsible entity. Road defects, transit vehicle collisions, and injuries on public property fall into this category, and errors in how the claim is filed can complicate an otherwise valid case.

Let’s Work Together

If you are interested in co-counseling with Big Auto, we would like to hear from you. Reach out to our team to discuss current opportunities and how we can collaborate.

Work With Us (844) BIG-AUTO

What Compensation Can Cover

Louisiana law allows recovery for both economic damages, including medical expenses, lost wages, reduced future earning capacity, and property damage, and general damages, which is Louisiana's term for what other states call non-economic damages: pain, suffering, emotional distress, and diminished quality of life.

Punitive damages are available only in narrow, specifically defined circumstances under Louisiana law, unlike some states where they're more broadly accessible. How much a claim is ultimately worth depends on injury severity, long-term impact, and how clearly the other party's fault can be shown.

Common Complications in These Claims

A handful of issues tend to complicate Louisiana injury cases: multiple potentially liable parties in the same incident, disputes over how fault should be divided under the comparative system, procedural requirements unique to claims against government entities, and insurers who delay or undervalue a claim while banking on the shorter historical deadline catching claimants off guard. Understanding which prescriptive period applies, and confirming it hasn't been misapplied to your case, is worth double-checking with an attorney early on.

How Big Auto Supports Clients in Louisiana

We're not based in Louisiana, but we work with injured clients there regularly. Our process includes evaluating your case under the specific Louisiana civil code articles that apply, coordinating with local resources when a case requires it, and managing your claim from the first call through resolution. For road condition updates and safety information relevant to many Louisiana injury cases, the Louisiana Department of Transportation and Development maintains current project and travel information statewide.

Resources for Self-Represented Litigants

Louisiana's civil law system can be unfamiliar even to attorneys licensed elsewhere, let alone someone without legal training. The Law Library of Louisiana, maintained through the Louisiana Supreme Court, offers information and referrals for self-represented litigants navigating a civil claim. However, it's not a substitute for representation in a case with real financial stakes.

The Big Auto Difference in Louisiana

Louisiana runs on a legal system most attorneys outside the state have never had to work in. Getting the civil code articles right, from the recently updated prescriptive period to how claims against public entities are structured, isn't optional here; it's the difference between a claim that holds up and one that gets dismissed on a technicality. Our team treats Louisiana as its own legal environment rather than a variation on everywhere else. There's no cost to you unless your case results in compensation.

Contact Big Auto Accident Attorneys today to talk through your case in Louisiana.

1 (844) BIG-AUTO

Frequently Asked Questions

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

As of July 1, 2024, most claims must be filed within two years of the injury under Civil Code Article 3493.1, longer than Louisiana's former one-year deadline.

What happens if I'm partly at fault?

For accidents on or after January 1, 2026, Louisiana follows a modified comparative fault rule. You can recover compensation if you are found 50% or less at fault, with your award reduced by your share of responsibility. If you are found 51% or more at fault, you cannot recover. Accidents before that date fall under Louisiana's former pure comparative fault system, which allowed recovery regardless of fault percentage.

Are claims against the government handled differently?

Yes. Claims against the state or a local government body follow the Louisiana Governmental Claims Act, which sets distinct procedural rules for filing and venue.

What kind of compensation is available?

Economic damages like medical bills and lost wages, plus general damages for pain, suffering, and reduced quality of life. Punitive damages apply only in limited circumstances.

Does Big Auto take cases in Louisiana?

We do, including cases that fall under Louisiana's civil law system rather than the common law framework used elsewhere. Our team applies the state's actual civil code rather than general assumptions carried over from other states.

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