Best New Orleans Personal Injury Lawyers

Frequently Asked Questions

What types of personal injury cases do New Orleans lawyers handle?

Personal injury attorneys in New Orleans represent clients injured due to someone else's negligence or wrongful actions. They handle a wide range of cases specific to the area's unique risks.

Common case types include:

• Motor vehicle accidents - car crashes, truck collisions, motorcycle accidents, and pedestrian strikes on busy corridors like I-10 or Claiborne Avenue
• Maritime injuries - offshore accidents, Jones Act claims, and longshoreman injuries along the Mississippi River and Port of New Orleans
• Premises liability - slip and falls, inadequate security, and injuries on poorly maintained properties
• Medical malpractice - surgical errors, misdiagnosis, and birth injuries at local hospitals
• Product liability - defective products, dangerous drugs, and faulty medical devices
• Wrongful death - fatal accidents caused by negligence

Louisiana law under the Civil Code Articles 2315 and 2316 allows injury victims to recover damages when another party's fault causes harm. Attorneys evaluate whether you have grounds for compensation based on the specific circumstances of your injury.

How much does hiring a personal injury lawyer cost?

Most New Orleans personal injury attorneys work on contingency, meaning you pay nothing upfront. They collect a percentage of your settlement or verdict only if they win your case.

Standard contingency fees typically range from 33% to 40% of your recovery. The percentage may increase if your case goes to trial rather than settling. Some firms charge 33.3% for settlements and 40% for cases that require litigation.

Louisiana State Bar rules require written fee agreements that clearly outline the percentage and what expenses you'll cover. Court costs, expert witness fees, and medical record charges usually come out of your settlement after the attorney's fee. Ask potential lawyers to explain their fee structure and whether they advance case expenses or expect you to pay them as the case progresses.

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

Louisiana prescriptive period laws give you one year from the date of injury to file most personal injury lawsuits under Louisiana Civil Code Article 3492. This deadline is shorter than most states and is strictly enforced.

Missing this deadline typically bars you from recovering any compensation, even if you have a strong case. The clock starts ticking on the date of your accident or when you discovered your injury. Some exceptions exist for cases involving minors or instances where the injury wasn't immediately apparent.

Medical malpractice claims have additional timing rules under Louisiana Revised Statutes 9:5628. You must file within one year of discovering the injury, but no more than three years from the date of the alleged malpractice. Government claims against state entities or municipalities require filing an administrative claim within shorter timeframes before you can sue.

Contact an attorney immediately after your injury. Waiting months to seek legal help leaves little time to investigate your case, gather evidence, and file before the deadline expires.

What damages can I recover in a New Orleans personal injury case?

Louisiana law allows injury victims to recover both economic and non-economic damages. Your compensation depends on the severity of your injuries and how they've impacted your life.

Economic damages cover measurable financial losses:

• Past and future medical expenses
• Lost wages and diminished earning capacity
• Property damage
• Rehabilitation and therapy costs
• Home modifications for disabilities

Non-economic damages compensate for intangible harm:

• Physical pain and suffering
• Mental anguish and emotional distress
• Loss of enjoyment of life
• Permanent disability or disfigurement

Louisiana follows a pure comparative fault system under Civil Code Article 2323. Your compensation reduces proportionally if you share blame for the accident. If you're 20% at fault, you'll receive 80% of the total damages. Unlike some states, Louisiana doesn't bar recovery even if you're more than 50% responsible.

Punitive damages are rare and only available in specific circumstances involving drunk drivers under Louisiana Revised Statutes 9:2800.1. These damages punish egregious conduct rather than compensate for losses.

How do I choose the best personal injury lawyer in New Orleans?

Finding the right attorney requires evaluating their experience, track record, and approach to client communication. Not all personal injury lawyers have the same skills or resources.

Key factors to consider:

Experience with your case type - Choose an attorney who regularly handles cases like yours. Maritime injury cases require different expertise than car accidents. Ask how many similar cases they've handled and their success rate.

Trial experience - Insurance companies offer better settlements to attorneys willing to take cases to court. Ask about their trial record, not just settlement history. A lawyer who rarely litigates may accept lower offers.

Resources and team - Complex cases need investigators, medical experts, and accident reconstructionists. Larger firms typically have more resources to build strong cases. Ask what experts they'll consult and whether they can front litigation costs.

Communication style - You should feel comfortable asking questions and receive prompt responses. During consultations, notice whether the lawyer explains legal concepts clearly and listens to your concerns.

Fee structure - Understand exactly what percentage they charge and what expenses you'll pay. Get the fee agreement in writing before signing.

Check their standing with the Louisiana State Bar and read reviews from former clients. Meet with at least three attorneys before deciding. Most offer free consultations where you can assess their approach without financial commitment.

What should I expect during the personal injury claim process?

The timeline and steps vary by case complexity, but most personal injury claims follow a similar pattern. Understanding the process helps you set realistic expectations.

Initial investigation (1-3 months) - Your attorney gathers evidence, reviews medical records, photographs the accident scene, and interviews witnesses. They identify all liable parties and applicable insurance policies.

Medical treatment - Continue treating with your doctors and follow all recommendations. Your attorney documents your injuries and prognosis. Never stop treatment early, as insurance companies will argue you weren't seriously hurt.

Demand and negotiation (2-6 months) - Once you reach maximum medical improvement, your lawyer sends a demand letter to the insurance company outlining damages and supporting evidence. Most cases settle during negotiations.

Litigation (12-24 months if needed) - If settlement talks fail, your attorney files a lawsuit. The discovery phase involves exchanging documents, answering written questions, and depositions. Many cases settle before trial, even after filing.

Trial (1-2 weeks) - A jury hears evidence and decides fault and damages. Orleans Parish Civil District Court handles most personal injury trials. Appeals can extend the process further.

Settlement offers can come at any stage. Your lawyer advises whether offers are fair, but you make the final decision to accept or reject. Cases with clear liability and serious injuries typically settle faster than disputed liability claims.

When do I need a lawyer versus handling a claim myself?

Minor injuries with clear liability might not require an attorney, but most cases benefit from legal representation. Insurance companies protect their interests, not yours.

You likely need an attorney if:

• Your injuries required hospitalization or surgery
• You'll have permanent disabilities or scarring
• You missed significant work time or lost your job
• The insurance company denies liability or offers an unfairly low settlement
• Multiple parties share fault for the accident
• You were injured by a commercial vehicle, on someone else's property, or in a maritime accident
• Your case involves complex legal issues like medical malpractice

You might handle it yourself if:

• You had minor injuries that fully healed quickly
• Liability is completely clear
• The insurance company accepts fault
• You feel confident negotiating and documenting your damages
• Your total damages are under a few thousand dollars

Remember that insurance adjusters are trained negotiators. They may use your statements against you or minimize your injuries. Once you accept a settlement and sign a release, you cannot reopen the claim if complications arise later.

Most personal injury attorneys offer free consultations. Getting legal advice costs nothing and helps you understand your case's value before making decisions. Even if you ultimately handle the claim yourself, an initial consultation provides valuable guidance on what compensation you should expect.