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Personal injury law in Lafayette, Louisiana covers claims where someone is hurt because another person or business acted carelessly or wrongfully. These cases include car and truck crashes on I-10 and I-49, motorcycle and pedestrian incidents, slip and fall injuries in stores, dog bites, defective product injuries, offshore and oilfield accidents, medical malpractice, nursing home neglect, and wrongful death. Louisiana follows a civil law tradition, and many rules are set by statute. Most personal injury disputes are handled in state courts serving Lafayette Parish, and many are resolved through negotiation with insurance companies before trial.
The goal of a personal injury claim is to make the injured person whole by recovering compensation for medical bills, lost wages, pain and suffering, loss of enjoyment of life, property damage, and in tragic cases funeral costs and other wrongful death damages. Insurance coverage often plays a central role, and Louisiana law contains several unique rules that can affect strategy, deadlines, and the evidence used to prove damages.
You may need a lawyer when injuries are significant, when fault is disputed, or when an insurer delays or denies fair payment. Common situations include crashes with commercial trucks or rideshare vehicles, accidents involving multiple drivers, injuries in a store where proof of notice is required, incidents on public property, and cases involving uninsured or underinsured drivers. Medical malpractice claims have special pre-suit requirements and liability caps, so early legal guidance is critical.
A local attorney can preserve time-sensitive evidence, obtain police and crash reports, identify all insurance coverages including uninsured motorist and umbrella policies, calculate and document damages, coordinate medical care and liens, work with experts like accident reconstructionists and physicians, negotiate with insurers, and file suit before deadlines. Lawyers also help clients avoid common pitfalls such as giving recorded statements too early, signing broad medical authorizations, posting on social media about the case, or missing Louisiana’s short filing periods.
Filing deadlines. Most Louisiana personal injury claims have a one-year prescription period from the date of injury to file suit in court. This includes most car crash and slip and fall claims. Wrongful death and survival actions generally must be filed within one year of death. Certain exceptions can pause or suspend prescription, such as when the injury was not reasonably knowable, and prescription rules for minors can differ. Do not assume an exception applies without legal advice.
Comparative fault. Louisiana uses pure comparative fault. If you are partly at fault, your recovery is reduced by your percentage of fault. For example, if you are 20 percent at fault, your damages are reduced by 20 percent.
Direct action against insurers. Louisiana’s Direct Action Statute often allows an injured person to sue the liability insurer directly in the same lawsuit as the at-fault party, subject to venue and policy conditions.
Auto insurance and seat belts. Louisiana is not a no-fault state. The minimum auto liability limits are generally 15,000 per person, 30,000 per accident for bodily injury, and 25,000 for property damage. Uninsured or underinsured motorist coverage applies unless rejected in writing on an approved form, and by default matches your liability limits. Evidence of seat belt nonuse can be admitted to reduce damages in some cases, which makes documenting safe practices important.
Medical expenses evidence. Recent statutes limit recovery of past medical expenses largely to amounts actually paid, with limited additions in some situations. Bills, payments, and any write-offs or discounts can be part of the proof, which affects case valuation and expert testimony.
Merchant liability. For slip and fall incidents in stores and similar merchants, Louisiana law requires proof that a condition created an unreasonable risk of harm, that the merchant created or had actual or constructive notice of the condition, and that the merchant failed to exercise reasonable care. Photographs, incident reports, and prompt witness statements are important.
Medical malpractice. Claims against qualified medical providers generally must first go before a medical review panel before you can file suit in court. There is a 500,000 cap on total damages against qualified providers, not including future medical expenses, which may be paid through the Patient’s Compensation Fund. Short deadlines apply, and the panel process can suspend prescription while it is pending.
Claims against government. Special rules apply when suing public entities such as the State of Louisiana or local governments. You must prove notice or awareness of defects in many roadway or premises cases, and some immunities may apply. Deadlines are typically short, often one year, and additional procedural steps can be involved.
Jury trials. The threshold for a jury trial in Louisiana state court is generally 10,000. Many cases resolve before reaching trial, but your lawyer will consider this threshold when filing.
Dog bites and animals. Owners are liable if they knew or should have known their animal’s behavior would cause damage, the damage could have been prevented with reasonable care, and the harm was not provoked. Prompt veterinary and vaccination records and animal control reports can be important.
Work injuries. Most on-the-job injuries are handled through Louisiana workers compensation, which provides medical care and wage benefits without needing to prove fault, but it limits the ability to sue the employer. Third-party claims, for example against a negligent driver or equipment manufacturer, may still be available.
Most personal injury lawsuits must be filed within one year of the date of injury. Wrongful death and survival actions are generally one year from the date of death. Certain claims have different rules, such as medical malpractice with a panel process that can suspend prescription. Talk to a lawyer as soon as possible to protect your rights.
Louisiana follows pure comparative fault. You can still recover damages even if you were partly responsible, but your award is reduced by your percentage of fault. Insurers often argue comparative fault, so evidence like photos, vehicle data, and witness statements can make a big difference.
Often you can, because Louisiana’s Direct Action Statute allows suing the liability insurer in the same case, subject to venue and policy defenses. A lawyer can advise whether direct action is available in your situation and whether it is strategic to include the insurer in the lawsuit.
Call the police and seek medical care, even if symptoms seem minor. Exchange information and take photos of vehicles, the scene, and visible injuries. Identify witnesses and note nearby cameras. Report the claim to your insurer promptly, but avoid recorded statements to the other driver’s insurer until you have legal advice. Keep all bills and receipts, and follow your doctor’s instructions.
You remain responsible for your medical care. Health insurance, MedPay, workers compensation, or letters of protection may be used. At settlement or judgment, medical liens and reimbursements are addressed from the recovery. Louisiana law on recoverable medical expenses focuses on amounts paid, so keep detailed records.
Value depends on liability, the severity and duration of injuries, medical expenses, lost income and earning capacity, pain and suffering, loss of enjoyment of life, scarring or impairment, and insurance limits. Past and future damages must be supported by medical evidence and sometimes expert testimony. A lawyer can give a range after reviewing records and facts.
If the healthcare provider is qualified under Louisiana’s Medical Malpractice Act, you must request a medical review panel before filing suit. The panel issues an opinion on standard of care and causation. Filing for a panel can suspend prescription while the panel process is pending. Non-qualified providers are sued directly in court.
There is no general cap for most negligence cases. Medical malpractice against qualified providers has a 500,000 cap on total damages other than future medical expenses. Caps and immunities can apply in specific contexts, such as some claims involving public entities.
Evidence of seat belt nonuse can be admitted in Louisiana and may reduce recoverable damages. Always wear your seat belt, and be prepared that the defense may raise this issue. This does not automatically bar recovery, but it can affect the amount.
Straightforward cases with clear liability and modest injuries may resolve in a few months, often after you finish treatment. Cases with serious injuries, disputed fault, multiple parties, or complex medical issues can take a year or more. Medical malpractice and cases requiring a panel process or extensive expert work often take longer.
Lafayette Police Department and Lafayette Parish Sheriff’s Office, for crash reports and incident records.
Louisiana State Police Troop I, for state crash reports and investigation information.
Lafayette Parish Clerk of Court and the 15th Judicial District Court, for civil filings and case records.
Lafayette City Court, including the Small Claims Division for smaller civil disputes.
Louisiana State Bar Association, for lawyer referral and consumer information on hiring a lawyer.
Acadiana Legal Service Corporation, for civil legal aid to qualifying individuals.
Louisiana Department of Insurance, Office of Consumer Services, for insurance complaints and guidance.
Louisiana Patient’s Compensation Fund, for information on qualified medical malpractice claims.
Louisiana Workforce Commission, Office of Workers Compensation Administration, for work injury claims.
Get medical care immediately and follow all treatment recommendations. Prompt, consistent care protects your health and documents your injuries.
Preserve evidence. Take photos, save damaged items, keep a pain journal, and store all bills, receipts, and correspondence. Ask a lawyer to send preservation letters for vehicle data, surveillance footage, and commercial records.
Notify your insurer promptly. Do not provide a recorded statement or broad medical authorization to another party’s insurer without legal advice.
Consult a Lafayette personal injury lawyer as soon as possible. Ask about experience with your type of case, expected timelines, communication practices, and contingency fees. In Louisiana, contingency fee agreements should be in writing.
Track deadlines. Many Louisiana claims have a one-year filing deadline, and some have special pre-suit requirements. Early legal guidance can prevent missed prescriptions and strengthen your case.
This guide is general information, not legal advice. For advice on your specific situation, speak with a licensed Louisiana attorney who practices personal injury law in Lafayette.
