Frequently Asked Questions

A personal injury claim comes about when someone is hurt because another person, property owner, or company employee acted carelessly. Common examples include car and truck accidents, slip and falls, dog bites, defective products, and other injury-causing incidents. The question is whether someone else’s actions caused harm that can be proven with evidence.

Negligence generally means that someone failed to exercise reasonable care under the circumstances. That may look like a driver running a red light, a store manager ignoring a spill, a trucking company failing to maintain a fleet vehicle, or a property owner overlooking a dangerous condition.

Proving negligence typically involves showing what the responsible party did wrong and how their conduct caused the resulting losses.

A successful personal injury claim may provide compensation for medical bills, lost income, future treatment, pain and suffering, disability, disfigurement, and other losses stemming from the injury. The damages that apply depend on the particulars of the case, the seriousness of the harm, and the available evidence.

No. Medical bills fall under a separate category of damages. “Pain and suffering” refers to the physical pain, emotional distress, inconvenience, and loss of normal life that an injury causes. A claimant may seek both medical expenses and pain and suffering, depending on the facts of their accident.

A claim may include future medical care, lost income, reduced earning ability, emotional distress, physical limitations, scarring, property damage, and other losses tied directly to the injury. The damages recoverable stem from the type of case, the severity of your injuries, and the evidence showing how the accident has affected your life.

Most likely, yes. Your policy may require prompt notice, even if another party caused the accident. Notifying your insurer doesn’t mean you have to give a detailed statement right away — it’s smart to have an attorney review the situation before discussing fault, injuries, or settlements.

Take photos of the accident scene, along with any visible injuries and vehicle or property damage. Hold onto the accident report (if one was filed), your medical records, relevant estimates and receipts, towing bills, rental records, and messages or emails from insurers. If there were witnesses, try to get their names and contact information.

Helpful documents may include the official crash report, medical records, bills, repair estimates, towing records, wage-loss records, insurance letters, and typed witness statements. Organizing those materials can make it easier to show what happened, how badly you were hurt, and how your injuries have impacted your life.

Prompt medical attention protects your health and creates records that connect your injuries to the accident. Gaps in treatment, missed appointments, or unclear medical documentation can give the insurance company room to argue that your injuries aren’t serious or weren’t caused by the accident.

Some injuries (particularly soft-tissue damage, concussions, and certain back or neck problems) may not cause issues right away. It’s always best to get medical care as soon as you experience pain or loss of mobility, and make sure your health provider knows that the symptoms started after the accident.

That doesn’t end your claim. Insurance companies often dispute fault early on, especially when the facts are still incomplete. You and your attorney can challenge claims of liability with photos and videos, witness statements, crash reports, roadway evidence, and medical documentation.

As of 2026, Louisiana follows a modified comparative fault rule. This means that if you’re less than 51% at fault for the accident, you’re eligible to seek damages, but they’ll be reduced by your share of the liability. If you’re 51% or more responsible, however, you can’t recover damages.

The official police report is a key piece of evidence, but it isn’t the final word on fault. If the report contains a mistake, other evidence may help correct the picture, including photos, video footage, witness statements, vehicle data, medical records, and accident-reconstruction reports. The sooner that evidence is gathered, the easier it will be to address a bad report.

You may still have options. A hit-and-run claim can involve uninsured motorist coverage, witness testimony, surveillance footage, vehicle debris, 911 records, and police investigation materials. That evidence can disappear quickly, though, so swift action is critical.

Possibly. Compensation may still be available through uninsured or underinsured motorist (UM/UIM) coverage, other types of policies, or other liable parties, depending on the facts. The insurance implications of an accident have a major effect on how the claim should be handled from the beginning.

That could affect what you’re entitled to recover. Under Louisiana’s “No Pay, No Play” law, an uninsured vehicle owner or operator can be barred from recovering the first $100,000 of bodily injury damages and the first $100,000 of property damage, subject to listed exceptions.

Possibly. Having a pre-existing condition doesn’t automatically prevent you from bringing a claim. The important question is whether the accident created, worsened, or triggered symptoms beyond what you were already dealing with. Medical records, doctor opinions, and treatment history can all be useful for showing how the accident changed your condition.

For most injury claims, the general filing deadline in Louisiana is two years from the date the injury occurred. However, some claims are subject to different regulations, so it’s a good idea to confirm the deadline rather than assume that the general rule applies in every case.

A settlement claim is an effort to resolve the case directly with the liable party’s insurance company, without filing a lawsuit. In contrast, a lawsuit is the formal legal process used when accident claims can’t be handled fairly through negotiation.

You can, but doing so is risky. Personal injury cases involve strict legal deadlines, evidentiary rules, insurance bylaws, medical evidence, settlement strategy, and court procedures. If your case involves serious injuries, disputed fault, commercial insurance, or long-term treatment, having an attorney on your side can be the difference-maker.

Possibly. While most personal injury claims settle outside of court, you may need to provide a deposition or testimony if your case enters litigation. If this happens, our team will prepare you so you’ll know what to expect and feel confident during the process.

Never accept a settlement offer without reviewing it carefully. Insurance companies frequently make early offers before the full extent of the claimant’s injuries, lost income, and future needs are clear. Once you accept a settlement, you can’t go back and ask for more later.

Once you’ve accepted a settlement, the final steps are usually signing release documents, resolving outstanding case expenses or medical liens, and issuing the net proceeds. The timing depends on how quickly the paperwork is completed and whether any balances must be cleared before disbursement.

Settlement payments aren't immediate. It takes time for the proper paperwork to be filed and the check to be issued, particularly if there are any outstanding issues. Our experienced lawyers know how to expedite the process and deal with delays.

Our personal injury attorneys accept cases on a contingency basis, meaning there are no upfront fees — we only get paid if we recover compensation for you. We generally calculate case expenses and other costs before the final proceeds are distributed. Our lawyers can explain this process in more detail during your free consultation.