Top New Orleans Personal Injury Attorneys

Frequently Asked Questions

How long do I have to file an injury claim in New Orleans?

Two years for most claims. Louisiana calls its statute of limitations "prescription." Act 423 increased the period from one year to two for injuries on or after July 1, 2024. Earlier injuries remain subject to the one-year deadline, and maritime or government claims follow their own rules.

What if I was partly at fault for the accident?

It depends on your percentage. For accidents on or after January 1, 2026, a person found 51% or more at fault may recover nothing. Below that line, the award shrinks by your share of fault. Crashes before 2026 still fall under the old pure comparative fault rule.

Can I recover the full amount my hospital billed?

Usually not anymore. Since January 1, 2026, past medical recovery is generally limited to what was actually paid. That includes payments by insurers, Medicare, or Medicaid, plus your deductibles and copays. Jurors still see both the billed and the paid amounts. Future medical care is handled separately.

What do New Orleans personal injury attorneys charge?

Usually nothing upfront. Most injury firms work on a contingent fee and are paid only from a recovery. Ask who covers expert and filing costs if the case is lost. Get every fee term in writing before you sign.

Can I sue the at-fault driver's insurance company directly?

Only in narrow cases. Louisiana's direct action law once let injured people name the insurer as a defendant. A 2024 change limited that to a short list of exceptions. Most suits now name the driver, and jurors rarely hear about coverage.

What if I had no car insurance when I was hit?

Your recovery may shrink sharply. Under Louisiana's No Pay, No Play law, an uninsured driver cannot recover the first $100,000 of injury and property damage. The higher threshold took effect August 1, 2025. Passengers and some other claimants are subject to different rules.

Are damages capped in Louisiana injury cases?

Only in two main situations. Medical malpractice recovery is capped at $500,000, with future medical care paid outside the cap. Claims against the state or local government face a $500,000 limit on general damages. Most other injury claims carry no cap.

Types of Personal Injury Cases in New Orleans

Car and Truck Crashes. I-10, I-610, and the Pontchartrain Expressway see heavy commuter and freight traffic. Wrecks near the Crescent City Connection often involve several vehicles. Police reports now shape early fault percentages, so they carry real weight.

Pedestrian and Bicycle Injuries. Tight streets in the French Quarter, Marigny, and Tremé put walkers close to moving cars. Streetcar tracks on Canal Street and St. Charles Avenue can catch bike tires. Drivers often blame the person they hit, so early photos and witnesses matter.

Rideshare and Tour Vehicle Collisions. Uber and Lyft claims turn on whether the driver was logged in, waiting, or carrying a rider. Visitors hurt during a trip can still pursue a claim after they return home. Tour buses and pedicabs add their own insurance questions.

Maritime and Offshore Injuries. The Port of New Orleans and Mississippi River traffic support a large workforce of deckhands, dockworkers, and barge crews. Federal maritime statutes govern most of these claims, with deadlines that differ from state law. Many are filed in the Eastern District of Louisiana.

Premises Liability. Hotels, bars, and grocery stores produce a steady stream of fall claims. Louisiana requires proof the owner knew or should have known about the hazard. Mardi Gras parades and festival crowds create their own injury risks.

Medical Malpractice. Most claims must go before a state medical review panel before any lawsuit. The panel stage alone can take a year or more. A three-year outer limit generally applies, even when harm surfaces late.

Wrongful Death and Survival Actions. Louisiana splits a fatal case into two claims. The survival action covers what the person suffered before death. The wrongful death claim covers the family's own losses.

How to Choose a Personal Injury Lawyer in New Orleans

Ask how they fight disputed fault. The 51% bar makes every percentage point count. A lawyer who investigates liability early protects the whole claim.

Check their trial experience. Louisiana allows a jury trial once a claim tops $10,000. Insurers pay closer attention to firms that file suit and try cases.

Confirm federal court experience for water injuries. Vessel and dock cases often run in federal court under different procedures than Orleans Parish Civil District Court. Ask how many of these claims the lawyer has handled.

Read the fee agreement closely. Contingency percentages vary, and so does the handling of case costs. Ask what you owe if the claim fails.

Ask who handles your file. Some firms pass cases to case managers after signup. Find out how often you will speak with an attorney.

Settlement Values in New Orleans Injury Cases

Settlement values vary widely. Injury severity, medical treatment, and lost wages set the base. Permanent limits, pain and suffering, and clear liability push the number higher. Policy limits often cap what is realistically collectible. Your fault share now reduces the award or blocks it if it exceeds 51%. Malpractice and government claims carry statutory ceilings. A local attorney can review your records and give you a realistic range.