Reviewed and Verified by Attorney Allan Berger — Licensed in Louisiana since 1974.
If you were hurt in an accident caused by someone else’s negligence, you have the legal right to seek payment for your medical bills, lost wages, and pain. Working with a dedicated New Orleans personal injury attorney helps level the playing field against insurance companies, allowing you to focus on your physical recovery. At the same time, your legal team manages the complexities of the claim.
If you need immediate help with a claim, contact Allan Berger & Associates, P.L.C. at 504-526-2222 for a free case review.
Quick Case Summary: Louisiana Injury Laws
| Key Fact | What You Need to Know |
| Filing Deadline | 2 Years for accidents occurring on or after July 1, 2024 (previously 1 year). |
| Recovery Rule | Pure Comparative Fault (You can recover money even if you are partially at fault). |
| Initial Cost | $0 Out-of-Pocket (We work on a contingency fee; we only get paid if you win). |
| Common Damages | Medical bills, lost wages, pain and suffering, and loss of enjoyment of life. |
What are your legal rights after an accident?
In Louisiana, victims of negligence possess specific rights that serve to protect their health and financial future. Understanding these rights is the first step in building a successful claim.
- The Right to Evidence: You may document the scene through photos of vehicle damage, road conditions, and physical injuries. Visual evidence is often the strongest proof in a dispute.
- The Right to an Official Record: You are entitled to a copy of the Louisiana Uniform Motor Vehicle Accident Report or any incident report filed by law enforcement or property owners.
- The Right to Silence: You do not have to speak with insurance adjusters or provide recorded statements without an attorney present. Statements made early on can be used to devalue your claim.
- The Right to Legal Counsel: You have the right to hire a lawyer to represent your interests and fight for the maximum value of your case.
Why should you hire a personal injury lawyer in New Orleans?
Essentially, an attorney acts as a buffer between you and the insurance company. While an adjuster’s goal is to settle for the lowest possible amount, a lawyer’s goal is to recover the full amount you are owed.
| Benefit of Counsel | Why it Matters |
| Higher Settlements | On average, represented victims receive over 3x more than those without a lawyer. |
| Contingency Fees | You pay nothing up front; we only get paid if we win your case. |
| Professional Resources | We work with expert witnesses and medical professionals to prove the extent of your harm. |
| Litigation Experience | If the insurance company refuses a fair offer, we are prepared to take your case to trial. |
How do you prove liability in a Louisiana injury case?
To hold another party responsible for your losses, your legal team must establish four specific facts under Louisiana Civil Code Article 2315. Put simply, we must show that their lack of care directly led to your injury.
- Duty of Care: The person had a responsibility to act safely (e.g., a driver must follow traffic laws).
- Breach of Duty: They failed that responsibility (e.g., a driver was distracted by a phone).
- Causation: Their specific failure was the direct cause of your injuries.
- Damages: You suffered actual losses, such as physical pain, emotional distress, or financial debt.
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What is comparative negligence?
Louisiana follows a “pure comparative fault” rule. This means that even if you were partially responsible for the accident, you can still recover a portion of your damages. For example, if you are found 20% at fault, you can still recover 80% of the total award. We work to ensure you are not assigned more fault than is fair.
What types of damages can you recover?
To summarize, damages are divided into two categories: economic (tangible costs) and non-economic (quality of life impacts).
- Medical Costs: This includes emergency room visits, surgeries, medications, and future physical therapy.
- Lost Income: You can recover the wages you missed while healing, as well as the loss of future earnings if you can no longer work.
- Pain and Suffering: This compensates for physical discomfort and the mental anguish caused by the accident.
- Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies or activities you once loved, you may be entitled to compensation.
- Punitive Damages: In rare cases involving extreme recklessness, such as drunk driving, the court may award extra money to punish the offender and deter others.
What questions should you ask a prospective attorney?
Choosing a firm is a major decision. To determine if an attorney is the right fit for you, consider asking the following during your consultation:
- How many cases like mine have you handled in New Orleans?
- What is your success rate when cases go to trial?
- Will I be able to communicate directly with the attorney working on my file?
- What potential challenges do you see with my specific case?
Why trust Allan Berger & Associates, P.L.C.?
With over 40 years of experience serving the New Orleans community, our firm has built a reputation for ethical conduct and aggressive advocacy. We have recovered millions of dollars for clients involving car accidents, medical malpractice, and offshore injuries.
Our AV Preeminent rating reflects our standing among our peers as a firm dedicated to the highest level of professional excellence. In summary, your recovery is our priority. We handle the legal burdens so you can focus on getting your life back on track.
Talk to a New Orleans personal injury lawyer today at 504-526-2222 or send us a message online to schedule your free consultation.