Have You Been Injured Due To Someone Else’s Negligence?
Car crashes happen fast, but the aftermath can last months or even years. Between medical bills, missed work, and dealing with insurance adjusters, many Louisiana residents feel overwhelmed. Understanding how personal injury claims work under Louisiana law can help you make informed decisions about your next steps.
At McMillin Law, LLC, we help injured people across St. Tammany Parish rebuild after serious collisions. This guide explains what you need to know about fault, deadlines, and recovery options under Louisiana’s personal injury laws.
How Is Fault Determined After a Car Accident in Louisiana?
Louisiana uses a comparative fault system, which means that more than one person can share blame for a crash. According to Louisiana Civil Code Article 2323, each party’s share of fault reduces their recovery by that percentage.
For example, if you were 20 percent at fault for a collision on I-12 and your damages totaled $100,000, you could still recover $80,000. Even partial fault does not prevent recovery as long as another party contributed to the accident.
Police reports, witness statements, and traffic camera footage all play key roles in determining fault.
What Should You Do Right After an Accident in Slidell?
Your actions in the hours following a crash can shape your entire claim. Here’s a basic checklist:
- Call 911 and request medical and police assistance.
- Get medical care, even for minor injuries. Symptoms often appear days later.
- Obtain the police report from the Slidell Police Department or Louisiana State Police Troop L, depending on where the crash occurred.
- Take photos of the vehicles, injuries, and nearby road conditions.
- Exchange information with all involved drivers and witnesses.
- Notify your insurance company, but avoid giving recorded statements until you understand your rights.
Simple steps like these protect your claim and preserve evidence while you recover.
What Damages Can You Recover After a Louisiana Car Accident?
Louisiana personal injury law allows compensation for both economic and non-economic losses. Common categories include:
- Medical expenses and future treatment costs
- Lost income and reduced earning ability
- Vehicle repair or replacement costs
- Pain, suffering, and emotional distress
- Loss of enjoyment of life
Each case depends on the specific facts, including the severity of your injuries, your recovery timeline, and how your life has been affected.
How Long Do You Have to File a Claim in Louisiana?
Louisiana has one of the shortest deadlines in the country for personal injury cases. Under Louisiana Civil Code Article 3492, you typically have one year from the date of the accident to file a lawsuit.
Missing this one-year deadline can permanently bar recovery, regardless of how serious your injuries are. Because of this tight timeline, it’s best to consult an attorney as soon as possible to begin gathering medical and financial records.
What Happens If the Other Driver Has No Insurance?
Although Louisiana requires minimum liability coverage, uninsured drivers remain common. If the at-fault driver lacks insurance or has insufficient coverage, your own uninsured/underinsured motorist (UM/UIM) policy may help.
UM coverage can pay for your medical bills and other damages when the other driver cannot. But insurers sometimes deny or delay these claims. Having someone experienced review your policy and correspondence can help ensure your carrier honors its obligations.
How Do Insurance Companies Handle Personal Injury Claims?
Insurance adjusters may seem friendly at first, but their goal is to minimize payouts. They might ask you to sign medical releases, make recorded statements, or accept early settlements that fail to account for future expenses.
Louisiana law requires insurance companies to handle claims in good faith, which includes prompt investigation and honest settlement offers. Under Louisiana Revised Statute §22:1973, insurers who act in bad faith can face penalties.
Document all communication with the insurer, and never sign anything without understanding its impact on your claim.
What Injuries Commonly Result from Louisiana Car Accidents?
Crashes can lead to more than visible wounds. Common injuries we see in cases across Slidell and St. Tammany Parish include:
- Concussions and traumatic brain injuries
- Whiplash and spinal injuries
- Fractures and joint damage
- Internal bleeding or organ damage
- Burns or scarring
- Chronic pain and emotional trauma
Some injuries appear minor at first but worsen over time. Medical evaluations and follow-ups help ensure accurate diagnosis and fair compensation.
What If a Government Vehicle Caused the Crash?
If a city, parish, or state vehicle caused your injuries, special procedures apply. Claims against government entities require notice of intent within a short period, and damage caps may limit recovery. For example, if the crash involved a City of Slidell vehicle, different liability standards apply under Louisiana Revised Statutes Title 13, Section 5101.
These cases are complex and often involve strict filing deadlines, so early legal advice is critical.
Where Are Personal Injury Cases Filed in Slidell?
If your claim cannot be settled through negotiation, it may move to litigation. Most car accident lawsuits in Slidell fall under the jurisdiction of the 22nd Judicial District Court in Covington, which serves St. Tammany Parish.
Smaller claims, depending on dollar value, may go to Slidell City Court. Knowing where your case will be heard helps plan your next steps, since each court has its own procedures and timelines.
How Does Comparative Fault Affect Settlements?
Even outside of court, comparative fault influences settlement talks. Insurers use fault percentages to justify reducing payouts. For instance, if they claim you were speeding, they may argue you bear some blame. Gathering strong evidence, such as witness statements, dashcam footage, and accident reconstruction, helps counter those arguments.
An attorney can negotiate using real data and evidence instead of assumptions made by adjusters.
What Should You Bring to a Free Consultation?
McMillin Law offers a free 15-minute consultation for personal injury clients. Bringing key information helps make that time productive. Useful items include:
- The accident report
- Photos of the scene and vehicles
- Medical records and bills
- Correspondence from insurance companies
- Your auto insurance policy
This information allows us to evaluate your case and give you clear direction about what comes next.
How Can We Help You Move Forward?
Our team handles every personal injury claim with compassion and precision. We understand that every client’s situation is different, whether the crash happened on I-10, Old Spanish Trail, or a local Slidell intersection.
We walk clients through every step, from medical coordination to settlement negotiations. Our role is to make the process clear and manageable so you can focus on healing.
If you were injured in a car accident, call us at 985-282-2552 to schedule your free 15-minute consultation. We’ll explain your options, answer your questions, and help you take the next step toward recovery.
