Louisiana is a state with something for everyone. It has big cities for those who love bustling city life and rural areas for those who love more space and the outdoors. However, both of these areas have their fair share of car accidents, negligence, and other personal injury cases. If you’ve been injured in this state, you may not have any idea what to do next.
A personal injury lawyer can guide you through the steps of filing a personal injury claim. Louisiana has its own set of laws regarding these cases, so it’s best to find a local attorney with the knowledge and experience to navigate the rules and regulations.
There are hundreds of lawyers in this state, making it difficult to know who to hire. We always recommend that you talk to a few candidates and see which one makes you feel comfortable and has the experience to help you receive the compensation you deserve. However, there are a few things you should know before you start the hunt for a personal injury lawyer.
Table of Contents
Personal Injury Laws & Statutory Rules in Louisiana
Statute of Limitations
Types of Damages
“Fault” Auto Insurance System
Damage Caps in Louisiana Personal Injury Cases
Comparative Fault Rule
“Strict” Liability for Dog Attacks/Bites
Average Cost of a Personal Injury Lawyer in Louisiana
How to Find an Expert Personal Injury Lawyer in Louisiana
FAQs about Personal Injury Lawyers in Louisiana
1 What can I do to improve my chances of obtaining maximum compensation?
2 What questions should I ask a lawyer before I hire them?
3 How fast do I need to find a personal injury lawyer?
4 Is it worth hiring a personal injury lawyer?
5 Does Louisiana require Personal Injury Protection insurance?
6 What happens if I decide to fire my attorney before the case is over?
Personal Injury Laws & Statutory Rules in Louisiana
Louisiana’s laws regarding personal injury are pretty strict, so you may want to have a basic understanding of them before you file your case and hire an attorney.
Statute of Limitations
Louisiana’s law only gives you one year from the date of the accident to file your personal injury claim. Unlike most other states, even wrongful death and medical malpractice claims have the same deadline of one year.
Louisiana’s statute of limitations for personal injury claims is a lot shorter than most other states at one year. This is the deadline that you’ll have to meet to file your lawsuit, and it goes for all car accidents, slip and fall, or other personal injury accidents.
Types of Damages
In each state, including Louisiana, there are three different types of damages related to personal injury claims, which are economic, non-economic, and punitive:
- Economic damages are the easiest to figure out, as they cover things like medical bills and loss of wages, which can be calculated to exact amounts.
- Non-economic damages are a little more challenging to figure out since they cover things like emotional distress and pain and suffering.
- Punitive damages deter the defendant from causing future accidents and are only awarded if there’s proof of malicious intent.
“Fault” Auto Insurance System
Louisiana follows the “fault” rule for car accidents. This allows injured drivers to file a claim against the driver who caused the accident. Usually, the other driver’s insurance will handle the costs, but if the coverage isn’t enough, you can decide to take them to court to recover the rest.
Damage Caps in Louisiana Personal Injury Cases
Damages in a personal injury case compensate the injured party for losses from the accident, including medical expenses, lost wages, and pain and suffering. Some states limit the amount that a person can receive by putting a maximum cap.
Louisiana law only caps damages in medical malpractice cases. The limit is $500,000 for these types of claims.
Comparative Fault Rule
Whether it’s a “fault” or a “no-fault” state, each state follows its own rules to determine how the case is affected by an injured party’s responsibility or fault in the accident. Louisiana follows the “comparative fault” rule, which reduces the amount an injured party can claim based on their share of the blame.
For example, if 40% of the blame was assigned to you, you’ll only be able to claim 60% of the overall costs incurred from the accident.
Louisiana is one of the 13 states that follows a “pure comparative fault system.” This means that you can file a personal injury claim against the other driver no matter your own percentage of fault, even if your portion of responsibility is higher than the other driver’s.
“Strict” Liability for Dog Attacks/Bites
Dog bites or attacks also have different rules in different states as far as injury liability is concerned. Many states follow the “one bite” rule, which lets the owner off the hook for a first-time offense.
However, Louisiana follows a “strict liability” rule for dog attacks. This means that the owner is responsible for personal injury costs incurred from their pet, whether it’s the first time or not.
Average Cost of a Personal Injury Lawyer in Louisiana
Personal injury lawyers in Louisiana work on a contingency basis. On average, they’ll claim a third of the eventual settlement, plus the costs or expenses incurred during the case. Most of the time, the first meeting is free, though.
Keep in mind that this amount is not set in stone, so it’s always best to ask what the attorney charges before you hire them. Also, this percentage will likely rise to about 40% if the case goes to trial. When interviewing candidates, make sure to ask about all fees, including the average cost of expenses.
How to Find an Expert Personal Injury Lawyer in Louisiana
Once you’ve decided to file a personal injury claim, you’ll need to hire a lawyer. When you start the interview process, make sure that you talk to three or four candidates before deciding. There are also a few other things to keep in mind.
Some attorneys specialize in certain types of injury claims, so make sure that they know how to handle your case. You’ll also want to find someone who has been practicing for a few years, at least since they’ll have more knowledge and experience dealing with these cases.
It’s also wise to read some reviews. This will give you an idea of the lawyer’s success rate, communication skills, and more. You’ll be spending a significant amount of time working with this person, so make sure that you feel comfortable around them.
Here at My Case Helper, we’ll take care of the search for you. When you call our number or fill out a consultation request form, we begin working on connecting you to the best available attorney to represent your case.
FAQs about Personal Injury Lawyers in Louisiana
1. What should I do after an accident?
There are a few things you’ll want to do immediately after you’ve been injured. These can vary based on your injuries and the type of accident, but here are a few that will help you get the compensation you deserve.
- Contact the police. You’ll want to call the police and get the name and badge number of the officer that arrives. If there’s a police report, you’ll also want to get that number. If the police don’t come to the scene, you may want to go to the police station and file a report yourself. Get a copy of the report if you can.
- Gather details. Depending on the type of accident, these details may vary. However, if it is a car accident, you’ll want to take pictures of the license plates of all vehicles involved, the vehicles themselves and the damage, the driver’s license of anyone else involved, and get the names and contact info for those involved and any witnesses.
- Medical attention. You’ll want to see a doctor, no matter how you’re feeling at the moment. Some injuries may take time to reveal themselves, and it’s best to have a thorough check-up to make sure you’re okay.
- Find a personal injury lawyer to guide you through the process.
2. What questions should I ask a lawyer before I hire them?
When talking to potential candidates, there are a few questions that you’ll want to ask to help determine who to hire. These are:
- How long have you been in practice?
- How many cases like mine have you handled?
- How often do you settle cases out of court?
- How much time do you have to devote to my case?
- What are your fees and costs?
- Will I have to pay any fees or costs if I lose?
- What’s the typical length of time it takes to resolve a case like mine?
- What are the next steps?
3. How fast do I need to find a personal injury lawyer?
You’ll want to hire a personal injury lawyer as soon as you can. Your attorney will gather evidence from the accident that could make a difference in your case. Some of this evidence is time-sensitive, such as photos of injuries, vehicle damage, and more, so you must move quickly. An excellent personal injury lawyer can also help you prepare a statement for the insurance company before they try to get a recorded statement that can be used against you in the case.
4. Is it worth hiring a personal injury lawyer?
Yes! It’s prudent to hire a personal injury lawyer to help you navigate the ins and outs of your case. Attorneys know how to best handle negotiations with insurance companies and will represent your interests. They will also represent you if the case goes to court. A good personal injury lawyer will help you get the full compensation that you deserve.
5. Does Louisiana require Personal Injury Protection insurance?
No, the state of Louisiana does not require personal injury protection (PIP). In fact, they don’t even offer it in this state. Instead, they offer medical payments coverage, which you can add to your auto insurance.
6. What happens if I decide to fire my attorney before the case is over?
Replacing or firing your lawyer in the middle of a case can be tricky. Unfortunately, the attorney will have a lien for expenses and fees incurred while they were on the case. If you fail to honor that lien, they could bring a lawsuit against both you and the defendant in the case. They can also seek interest on those fees and expenses, so it’s best if you can get them to sign an agreement saying they won’t do that. You can forward this document to the defendant before settlement to avoid and delays on the lien.
My Case Helper is here to connect you with top legal representation in the attorneys and law firms. We pride ourselves on partnering with the absolute best legal teams in the United States. Get help with any legal case you are facing today by calling My Case Helper at (844) 980-1574.