New Orleans, Louisiana
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Understanding your legal rights after an injury can feel overwhelming. Below, we answer the questions we hear most often from people considering a personal injury claim in Louisiana. Every answer on this page has been reviewed by Gary W. Johnson, Esq. — a former judicial clerk at the Louisiana Supreme Court — to ensure accuracy under current Louisiana law. If you have a question that is not addressed here, contact us for a free consultation.
A personal injury case exists when someone is injured due to another party’s negligence — meaning they owed you a duty of care and breached it. This applies to car accidents, truck accidents, workplace injuries, and incidents resulting in wrongful death, among other situations. Under Louisiana Civil Code Articles 2315 and 2316, every person is responsible for the damage they cause through their fault. During your free consultation, we evaluate the specific facts of your situation and tell you honestly whether you have a viable case. There is no cost and no obligation.
No attorney can ethically guarantee a specific outcome for your case. The value depends on numerous factors specific to your situation:
We evaluate all of these factors during our case review and give you a realistic range based on the evidence — not an inflated number designed to win your business.
Nothing upfront. We work on a contingency fee basis, which means you pay no attorney fees unless we recover compensation for you. If we file a lawsuit, our firm advances all litigation costs — filing fees, expert witnesses, depositions, court reporters — so you are never out of pocket. This is standard practice for personal injury law and ensures that anyone can access quality legal representation regardless of their financial situation.
As of January 1, 2026, Louisiana follows a modified comparative fault system under Civil Code Article 2323. You can still pursue a claim if you were partially at fault — but only if your share of fault is 50% or less. If a court determines you were 51% or more at fault, you cannot recover any compensation. When your fault is below that threshold, your award is reduced proportionally. For example, if your total damages are $100,000 and the court determines you were 30% at fault, you would recover $70,000 — but at 51% fault, you would recover nothing. Insurance companies now aggressively try to push the injured person’s fault percentage above the 51% bar to eliminate their obligation entirely — which is why having an attorney who understands how to present evidence effectively matters.
Louisiana has a one-year prescriptive period (statute of limitations) for most personal injury claims, starting from the date of the accident (La. C.C. Art. 3492). This is one of the shortest deadlines in the United States — most states allow two or three years. Missing this deadline typically means you lose the right to pursue compensation entirely, regardless of how strong your case is. We strongly recommend consulting with an attorney as soon as possible after an injury to ensure your rights are preserved.
Non-economic damages compensate you for losses that do not have a direct dollar amount — things like physical pain, emotional distress, mental anguish, diminished quality of life, loss of enjoyment of activities, and loss of companionship. These contrast with economic damages like medical bills, lost wages, and property damage that have clear monetary values. Louisiana law (La. C.C. Art. 2315) allows injured individuals to pursue both economic and non-economic damages. While non-economic damages are harder to quantify, they often represent a significant portion of a personal injury claim.
Taking the right steps immediately after an accident protects both your health and your legal rights:
Timelines vary significantly based on the specifics of your case:
Several factors affect the timeline: the severity of your injuries (we cannot settle until your medical condition has stabilized), how aggressively the insurance company disputes your claim, whether a lawsuit must be filed, and court scheduling. We never rush a settlement that undervalues your claim — patience typically produces better outcomes.
Insurance companies — especially the other driver’s insurer — often contact accident victims quickly, sometimes within hours. Their goal is to obtain a recorded statement or offer an early settlement before you understand the full extent of your injuries. You should know:
We recommend consulting with an attorney before engaging with any insurance company. Once you retain our firm, we handle all communication with every insurer on your behalf — so you can focus on your recovery without worrying about saying the wrong thing.
Truck accident cases involve fundamentally different legal terrain: federal FMCSA regulations governing driver hours, vehicle maintenance, and cargo securement; multiple potentially liable parties (driver, trucking company, cargo loader, broker, manufacturer); significantly higher insurance policy limits (often $1M+); and critical electronic evidence (ELD data, black box recordings) that can be destroyed if not preserved quickly. The insurance companies in truck cases deploy experienced corporate defense teams immediately. Gary W. Johnson’s background as former general counsel for an international logistics company gives our firm insight into the trucking industry that most personal injury attorneys lack. Learn more about truck accident claims →
Under Louisiana Civil Code Article 2315.2, the right to file a wrongful death claim belongs to specific categories of family members in a priority order:
Only family members in the highest applicable priority class may file. Louisiana also allows a separate survival action (Art. 2315.1) on behalf of the deceased’s estate. Both claims may be pursued simultaneously. Learn more about wrongful death claims →
A settlement is a negotiated agreement between you and the insurance company (or defendant) to resolve your claim for an agreed amount without going to trial. You accept a specific payment in exchange for releasing your claim. A verdict is a decision made by a jury (or judge) after a trial. Settlements are more common — the majority of personal injury cases resolve without trial. However, the willingness and preparation to go to trial is what gives settlement negotiations their leverage. We prepare every case as if it will go before a jury.
Gary W. Johnson founded Gary W. Johnson Injury Law to serve individuals and families navigating the aftermath of serious injuries. Before focusing on private practice, Mr. Johnson clerked at the Louisiana Supreme Court and served as general counsel for an international logistics company. He brings a methodical, prepared approach to every case.
