Your Complete Guide to Car Accident Lawsuits in Louisiana
When a negligent driver causes a crash in Louisiana, state law allows victims to seek compensation for injuries, vehicle damage, and other losses. But Louisiana’s legal system is unique — and mistakes can be costly. Missing a filing deadline, miscalculating damages, or misunderstanding comparative fault could bar you from recovering any compensation, even if the other driver was clearly at fault.
If an insurance company refuses to offer a fair settlement, filing a car accident lawsuit may be your best option. Below, our team at Morris Bart explains when to consider filing, how the process works, and what recent legal changes could mean for your case.
When Does a Lawsuit Become Necessary?
Most car accident claims in Louisiana are resolved through insurance settlements. But sometimes, negotiations with the at-fault driver’s insurer stall or break down completely. A lawsuit may be necessary if the insurer refuses to make a fair offer, disputes fault, or denies the claim outright.
A lawsuit also becomes important if the at-fault driver is uninsured or underinsured, or the prescriptive period is approaching. Filing a suit preserves your right to pursue compensation, even if talks continue.
A Louisiana car accident attorney can quickly assess your situation and advise if litigation is the best step.
Louisiana’s Prescriptive Period for Car Accident Lawsuits
In Louisiana, you must file a car accident lawsuit within a specific time limit, called the prescriptive period. Missing this deadline can completely bar you from recovering damages, no matter how serious your injuries are or how clear the other driver’s fault may be.
Until recently, victims had one year from the date of the accident to file a lawsuit. But as of July 1, 2024, most personal injury cases now have a two-year prescriptive period under LA Civil Code Article 3493.1:
- Accidents before July 1, 2024 → 1 year to file
- Accidents on or after July 1, 2024 → 2 years to file
Certain claims, like wrongful death or medical malpractice, may have exceptions. Sometimes, the “discovery rule” can extend the deadline if the injury or its cause wasn’t immediately known.
Insurance companies often stop negotiating once the prescriptive period expires. Acting fast and consulting a lawyer early ensures your rights are protected, and your claim remains valid.
Louisiana’s Comparative Fault Rule and What’s Changing
Louisiana currently follows a pure comparative fault system under LA Civil Code Article 2323. This means you can recover compensation even if you were partly or mostly responsible for the crash — your total award is reduced by your percentage of fault.
For example, if you were found 30% responsible for the accident and your total damages were $100,000, you could still receive $70,000.
Starting January 1, 2026, Louisiana will switch to a modified comparative fault system under House Bill 431. Anyone found 51% or more at fault will be barred from recovering damages entirely. Because of this upcoming change, proving fault accurately and early is more important than ever. An experienced attorney can help ensure the other driver’s negligence is properly documented.
The Damages You Can Recover
Louisiana law allows crash victims to seek compensation for both economic and non-economic damages. These can include:
- Medical bills and rehabilitation costs
- Lost wages or diminished earning capacity
- Pain and suffering and emotional distress
- Property damage, including repairs or replacement of your vehicle
- Diminished value, which covers the reduction in your vehicle’s resale value even after repairs
Your attorney will calculate the full scope of your losses, gather supporting evidence, and present your damages in a way that maximizes your potential recovery.
Where to File Your Louisiana Car Accident Lawsuit
Car accident lawsuits are generally filed in the district court of the parish where the accident occurred or where the defendant resides. Filing in the wrong location could delay your case or even result in dismissal. A Louisiana attorney familiar with local courts can ensure your case is properly filed and proceeds smoothly.
Steps in the Louisiana Car Accident Lawsuit Process
If settlement negotiations fail and your attorney advises filing a lawsuit, here’s what you can expect:
- Filing the Complaint: Your lawyer prepares a detailed complaint outlining your injuries, the facts of the crash, and the damages you’re seeking.
- Serving the Defendant: The other driver (or their insurer) is formally served and given a chance to respond.
- Discovery: Both sides exchange evidence, interview witnesses, and take depositions. This phase often takes the most time and can last several months.
- Mediation or Settlement Negotiations: Many courts encourage mediation. It’s common for cases to settle during this phase once all the evidence is presented.
- Trial: If no agreement is reached, your case proceeds to trial, where a judge or jury determines fault and compensation.
- Post-Trial Motions and Appeals: After the verdict, either side may file motions to adjust or appeal the decision.
Throughout the process, your attorney handles all filings, deadlines, and communications, keeping you informed every step of the way.
Why You Need a Louisiana-Based Law Firm
Louisiana’s legal system is unique because it’s based on the civil code, not common law. Its procedures, deadlines, and rules of evidence can be complex, especially for anyone unfamiliar with Louisiana courts.
Working with a Louisiana-based firm like Morris Bart ensures you have attorneys who:
- Navigate all filing deadlines to protect your right to compensation
- Establish fault under Louisiana’s comparative negligence laws
- Accurately calculate your full damages, including medical costs, lost wages, and pain and suffering
- Negotiate aggressively with insurers to maximize your recovery
- Take your case to trial if a fair settlement isn’t possible
With over 40 years of experience in Louisiana courts, our attorneys know the local rules, judges, and strategies that can make a real difference in your case.
For a free legal consultation, call 800-537-8185
Speak with a Louisiana Car Accident Lawyer at Morris Bart Today
If you’ve been hurt in a car crash anywhere in Louisiana, don’t wait. The clock may already be ticking on your right to recover compensation.
Morris Bart Personal Injury Lawyers can review your case for free and help you understand your best options. We have offices across Louisiana and are ready to help you pursue the justice and compensation you deserve.
Call us today for a free consultation — and let us handle the legal process.
Questions?Call 800-537-8185
to find a Morris Bart office near you.
