How long do I have to file a personal injury lawsuit in Louisiana?

For injuries occurring on or after July 1, 2024, you have two years from the date of injury to file under La. C.C. Art. 3493.11 . For injuries before July 1, 2024, the one-year deadline applies under La. C.C. Art. 3492 . Product liability claims retain a one-year prescriptive period regardless of injury date. Some exceptions can extend these deadlines. The discovery rule applies when an injury was not apparent right away. Minority tolls the deadline for claimants under age 18. Legal incapacity is another exception. Claims against government entities have separate notice requirements and shorter deadlines. The safest approach is to consult an attorney promptly rather than assume you have time to wait.

Does it cost anything to hire Morris & Dewett?

No attorney fee is charged unless the firm recovers compensation for you. This is a contingency fee arrangement. The percentage is agreed upon in writing before representation begins. Court costs and case expenses are advanced by the firm and deducted from the recovery if the case is successful.

What should I expect from the other driver's insurance company?

Insurers respond to claims in their own financial interest. Common practices include early contact before you understand the extent of your injuries. Fast settlement offers often arrive before the full picture of your injuries is known. Adjusters may request recorded statements that can later be used to minimize or deny a claim. They may also dispute the severity of your injuries or their connection to the accident. You are not required to give a recorded statement to the other driver's insurer. You are not required to accept any settlement offer. Once you sign a release, the claim is closed permanently.

What factors affect the value of my case?

The value of a personal injury claim depends on several factors. These include the severity and permanence of your injuries, total medical costs and anticipated future care, and your ability to return to work. Your age and life expectancy matter. So does the strength of the evidence establishing the defendant's fault, the defendant's insurance coverage, and whether punitive damages apply.

How long will my case take?

Cases with clear liability and limited injuries can resolve in months through settlement. Cases involving severe injuries, disputed fault, or corporate defendants take longer. Cases that go to trial take the longest. The process typically includes investigation, a demand to the insurer, negotiation, and, if settlement fails, filing suit, discovery, and trial preparation. Most cases settle before trial.

What if the driver who hit me had no insurance?

Your own uninsured motorist (UM) coverage may be your primary source of recovery. Louisiana requires insurers to offer UM coverage, but it can be waived. Check your declarations page. If you were in a commercial vehicle, rideshare, or bus at the time of the accident, the vehicle's insurer may provide additional coverage. An attorney can identify all potentially available sources of recovery.

What should I bring to my first meeting with a personal injury lawyer?

Bring the core documents that let counsel evaluate liability, damages, and deadlines quickly: crash or incident report number, photos, names of witnesses, your health insurance card, medical records you already have, and all insurer correspondence. If a vehicle is involved, bring your declarations page showing UM/UIM elections and policy limits. You do not need every record before the first meeting. A complete timeline with dates of treatment, missed work, and insurer contact is often enough for the lawyer to identify immediate next steps and preservation tasks.

Shreveport Accident Injury Lawyers

There are qualified injury attorneys in Shreveport and across Caddo Parish. You are doing your research, which means something has happened. Something serious enough that you are looking for legal counsel. No one reads lawyer websites until they need one.

Our clients came to us after accidents, workplace injuries, and losses caused by someone else’s negligence. This page explains how personal injury claims work in Louisiana, what the 2024 and 2025 legal changes mean for you, and what Morris & Dewett offers. Read it. Compare us to others. Make the decision that is right for your situation.

How Personal Injury Claims Work in Louisiana

Personal injury is a field of civil law. When someone else’s negligence causes your injuries, you have the right to pursue financial compensation from the at-fault party. The injured person is the plaintiff. The at-fault party is the defendant.

A personal injury lawsuit seeks to make you financially whole. That means recovering what you lost: medical costs, income, and the non-financial impact the injuries had on your life.

What Types of Cases We Handle in Caddo Parish

Morris & Dewett represents clients in Caddo Parish and surrounding parishes in cases involving:

Cases are filed in the First Judicial District Court for Caddo Parish and in federal court where applicable. Both partners at the firm were born and raised in Northwest Louisiana and have practiced in these courts throughout their careers.

The Shreveport-Bossier City MSA had a population of 383,269 as of the 2024 U.S. Census Bureau estimate. The MSA unemployment rate was 3.9% as of the most recent BLS data, below the region's long-term average of 6.5%. Cases on behalf of Caddo Parish residents are heard in the First Judicial District Court.

The parish economy creates a range of personal injury contexts. Barksdale Air Force Base is the largest single employer in the region. Healthcare is among the largest private employment sectors, anchored by Willis-Knighton Health System, CHRISTUS Health, and LSU Health Shreveport. Caddo Parish has the highest historical oil and gas well count in Louisiana at 28,132 wells (Louisiana DNR SONRIS), reflecting decades of energy production. Oil and gas services companies including SLB employ workers in industrial settings across the parish and adjacent parishes. Gaming and hospitality operations along the Red River and in Bossier City contribute significant commercial premises activity. Logistics operations add warehouse and transportation employment.

Each of these industries carries its own injury profile. Louisiana's fatal work injury rate is 6.0 per 100,000 full-time equivalent workers, above the national average (BLS CFOI, 2017-2021). Industrial and oilfield workers face hazards tied to energy extraction, chemical handling, and heavy equipment. Commercial vehicle operators travel major freight corridors including I-20 and I-49. When a third party's negligence causes a workplace injury, Louisiana law (La. R.S. 23:1101) preserves the right to pursue a civil claim against the responsible party in addition to any workers compensation benefits received.

Proving Negligence

To recover compensation, you must prove the defendant was negligent. Negligence is the legal concept of failing to act with reasonable care. Four elements must be proven to establish a negligence claim:

Duty. The defendant owed you a legal duty of care. Drivers owe a duty to others on the road. Property owners owe a duty to visitors.

Breach. The defendant failed to meet that duty. Running a red light is a breach. Leaving a wet floor without warning is a breach.

Causation. The breach caused your injuries. The connection between the defendant’s conduct and your harm must be demonstrated.

Damages. You suffered actual harm. Without measurable injury or loss, there is no compensable claim.

Your attorney’s job is to build the evidence that establishes each of these elements.

Negligence Per Se

Some cases involve a concept called negligence per se. This applies when a defendant violated a safety law and that violation caused your injury.

Traffic law violations are the most common example. If a driver ran a red light and struck your vehicle, that violation establishes duty and breach automatically. You do not need to prove those elements separately. The focus shifts to causation and your damages. This can simplify the burden of proof and strengthen your position.

Intentional Torts

Not all injury cases involve accidents. Intentional torts occur when someone deliberately caused harm. Examples include assault, battery, false imprisonment, and intentional infliction of emotional distress. These cases may support punitive damages in addition to compensatory damages.

Louisiana’s Comparative Fault Law

Louisiana follows comparative fault. This is the rule that determines what happens when more than one party contributed to an accident.

For causes of action arising on or after January 1, 2026, Louisiana uses a modified comparative fault system under La. C.C. Art. 2323. If you are found to be 51% or more at fault, you recover nothing. If you are 50% or less at fault, your damages are reduced by your percentage of fault.

Here is what that means in practice. Say you were 20% at fault and your total damages are $100,000. You recover $80,000. At 51% fault, you recover zero.

This is called the 51% bar. The one-percentage-point difference between 50% and 51% is the difference between partial recovery and no recovery at all. Insurance companies now have a direct financial incentive to argue that you were more than half at fault. Documentation, early investigation, and evidence preservation matter more because of this rule.

For injuries before January 1, 2026, pure comparative fault applies. Your damages are reduced by your fault percentage regardless of how high it is.

Louisiana Tort Reform: What Changed and When

Louisiana’s personal injury law changed significantly between 2024 and 2026. Here is what directly affects claims in Caddo Parish.

Filing deadline. For injuries occurring on or after July 1, 2024, you have two years to file a personal injury lawsuit (La. C.C. Art. 3493.11). This replaced the prior one-year deadline that had been in place since 1825. Exception: product liability claims retain a one-year prescriptive period. Injuries before July 1, 2024 are still governed by the one-year deadline. In Louisiana, a prescriptive period is the legal filing deadline. If you file after prescription runs, the claim is usually dismissed even when liability is strong.

No Pay, No Play. Since August 1, 2025, if you were driving without automobile insurance at the time of an accident, you cannot recover the first $100,000 in bodily injury damages and the first $100,000 in property damage, even if the accident was not your fault (La. R.S. 32:866). This applies regardless of fault allocation.

Causation standard. For injuries on or after May 28, 2025, the absence of prior similar symptoms no longer creates a presumption that your injury was caused by the accident (La. Code Evid. Art. 306.1). Medical or expert testimony is now required to prove causation. Prompt medical treatment and documented follow-up care matter more than they did before this change.

Medical expense recovery. For causes of action arising on or after January 1, 2026, recovery for past medical expenses is limited to amounts actually paid by your health insurer or Medicare, plus your out-of-pocket costs such as deductibles and co-pays. The prior rule allowing recovery of a percentage bonus above the paid amount has been eliminated (La. R.S. 9:2800.27).

Seat belt evidence. Since January 1, 2021, failure to wear a seat belt is admissible in civil cases. The defense can use it to argue comparative fault or failure to reduce your own injuries.

All of these changes apply prospectively. The law that governs your specific claim depends on when your injury occurred.

Damages You May Recover

In plain language, negligence means someone failed to use reasonable care and that failure caused your injury. Example: a driver looks at a phone, runs a red light, and crashes into you.

If negligence is established, you may recover two main categories of damages.

Economic damages are measurable financial losses with dollar values shown in bills, pay records, and repair estimates.

Past and future medical costs
Rehabilitation costs
Lost wages and income
Lost earning capacity
Property damage

Non-economic damages compensate for human harm that does not come with a fixed bill. Example: daily pain, anxiety, or inability to do normal activities.

Pain and suffering
Mental anguish
Emotional distress
Loss of enjoyment of life
Loss of companionship and support

Punitive damages are a separate category focused on punishment, not compensation. They may apply only in limited cases involving egregious, reckless, or intentional conduct. They are not available in every case. Where applicable, they are designed to punish the defendant and deter similar conduct.

There is no statutory cap on damages in general personal injury cases in Louisiana. Medical malpractice cases are subject to a separate $500,000 cap under La. R.S. 40:1231.2, which does not apply to car accidents, truck accidents, premises liability, or other general tort claims.

Uninsured and Underinsured Motorist Coverage

Approximately 12% of Louisiana drivers carry no automobile insurance, according to Insurance Research Council data. That means roughly one in eight drivers on Shreveport roads has no coverage. Uninsured motorist (UM) coverage is insurance on your own policy that pays when the at-fault driver carries no insurance. Underinsured motorist (UIM) coverage activates when the at-fault driver’s insurance is not enough to cover your damages.

Louisiana law requires insurers to offer UM coverage. You can waive it in writing. Many people have waived it without fully understanding what they gave up.

If you were injured by an uninsured driver, review your own policy before concluding there is no recovery. Your own coverage may be your primary source of compensation.

The fastest practical next step is to pull the declarations page for every policy in your household, then confirm in writing whether UM/UIM was accepted or rejected and at what limits. This documentation helps your lawyer identify available coverage before treatment bills and wage-loss pressure force an early low settlement.

Common Injuries

Physical injuries in personal injury cases range from soft tissue damage to catastrophic harm. Common injuries include:

Not all injuries are apparent immediately after an accident. Symptoms of concussion, internal bleeding, and disc injuries can develop over days. Prompt medical evaluation matters regardless of how you feel at the scene.

Psychological injuries are recognized under Louisiana personal injury law. Anxiety, depression, post-traumatic stress disorder, and adjustment disorder can result from serious accidents. These injuries require diagnosis and documentation, typically from a licensed mental health professional, to support a claim.

What to Do After an Accident in Shreveport

1. Get medical attention

Seek evaluation even if you do not believe you were seriously injured.
Medical records from the date of the accident are important evidence.
Attend all follow-up appointments and follow your doctor's instructions.

2. Report the incident

In a car accident, call the police.
In a workplace injury, notify your supervisor in writing.
A formal report documents that the accident occurred.

3. Gather evidence

Photograph the scene, your injuries, and property damage if you are able.
Collect witness names and contact information.

4. Consult an attorney before speaking to the other side's insurance company

Adjusters may contact you quickly after an accident.
Their goal is to resolve the claim for as little as possible.
A recorded statement given before you understand the full extent of your injuries can be used against you.
An attorney can advise you before that conversation happens.

5. Track deadlines and preserve claim documents

Save towing invoices, pharmacy receipts, mileage logs, and all insurer letters or emails in one folder.
Ask your medical providers for complete records and itemized billing, not just visit summaries.
Early document organization helps your lawyer evaluate damages and avoid preventable deadline mistakes.

Why Choose Morris & Dewett

Morris & Dewett Injury Lawyers has practiced personal injury law in Shreveport since 2001. The firm handles cases in Caddo Parish, Bossier Parish, and throughout Northwest Louisiana.

The firm is a member of the Multi-Million Dollar Advocates Forum, a national organization recognizing trial attorneys for significant case results. The firm holds national and statewide recognition for motor vehicle and personal injury verdicts across several consecutive years. View our case results to evaluate the track record.

Morris & Dewett represents personal injury clients on a contingency fee basis. There is no attorney fee unless the firm recovers compensation for you. The fee percentage is agreed upon in writing at the outset. Court costs are advanced by the firm and deducted from the recovery.

Local Resources in Shreveport and Caddo Parish

Emergency Medical Care

Ochsner LSU Health Shreveport — 1501 Kings Highway, Shreveport, LA 71103. This is the only Level I Adult Trauma Center and Level II Pediatric Trauma Center in the region. A Level I designation means the hospital maintains continuous surgical, anesthesiology, and trauma specialty coverage around the clock. For the most serious injuries — traumatic brain injury, spinal cord injury, severe burns, multiple fractures — this is the facility equipped to handle them.

CHRISTUS Shreveport-Bossier Health System — Highland Medical Center — 1453 East Bert Kouns Industrial Loop, Shreveport, LA 71105. Full-service hospital with emergency department.

Willis-Knighton Bossier Health Center — 2400 Hospital Drive, Bossier City, LA 71111. Emergency department serving the Bossier Parish side of the metro.

Prompt medical attention after an injury matters for two reasons. It protects your health. It also creates dated medical records that establish a connection between the accident and your injuries. Gaps in treatment are one of the first things an insurer will use to challenge a claim.

Getting a Police Report

For most personal injury claims, a police report is among the first documents your attorney will request. The report establishes that the accident occurred, identifies the at-fault driver, documents any citations issued, and provides the responding officer's assessment.

Shreveport Police Department — Reports available through the LexisNexis portal or through the NextRequest portal. Cost: $10. Records line: (318) 673-7085. Allow 48 hours after the accident before requesting.

Louisiana State Police — Caddo Parish area — LSP handles crashes on state highways and interstates including I-20 and I-49. Reports available online at crashreports.dps.la.gov. Cost: $11.50. Reports typically available 10 to 15 business days after the crash.

Caddo Parish Sheriff's Office — For accidents on parish roads not covered by SPD or LSP, contact the Sheriff's Office records division directly.

If you are unsure which agency responded to your accident, your attorney can obtain the report on your behalf once you provide the date, location, and names of parties involved.

Louisiana Office of Motor Vehicles

Driving records and vehicle registration records are available through the Louisiana OMV ExpressLane portal. The Shreveport OMV office is at 1700 Buckner Street, Suite 240, Shreveport, LA 71101, phone (318) 676-7900. Driving records can establish a defendant's prior violation history, which is relevant in some cases.

Courts in Caddo Parish and the Shreveport Area

First Judicial District Court — Caddo Parish — 501 Texas Street, Shreveport, LA 71101. Civil filings: (318) 226-6776. Email: [email protected]. This court handles the substantial majority of personal injury civil cases filed in Caddo Parish. The court has 11 judges across civil, criminal, and family divisions.

26th Judicial District Court — Bossier Parish — Benton, LA 71006, phone (318) 965-2336. Cases arising from accidents in Bossier Parish are filed here rather than in the First Judicial District.

United States District Court — Western District of Louisiana, Shreveport Division — 300 Fannin Street, Shreveport, LA 71101. Federal court has jurisdiction in personal injury cases when the parties are from different states and the amount in dispute exceeds $75,000 (diversity jurisdiction), or when the case involves a federal statute such as the Federal Employers' Liability Act for railroad workers. Most personal injury cases in Caddo Parish are filed in state court.

Morris & Dewett handles cases in both the First Judicial District Court and the Western District of Louisiana, depending on the circumstances of the claim.

Frequently Asked Questions

How long do I have to file a personal injury lawsuit in Louisiana?: For injuries occurring on or after July 1, 2024, you have two years from the date of injury to file under La. C.C. Art. 3493.11. For injuries before July 1, 2024, the one-year deadline applies under La. C.C. Art. 3492. Product liability claims retain a one-year prescriptive period regardless of injury date.

Some exceptions can extend these deadlines. The discovery rule applies when an injury was not apparent right away. Minority tolls the deadline for claimants under age 18. Legal incapacity is another exception. Claims against government entities have separate notice requirements and shorter deadlines. The safest approach is to consult an attorney promptly rather than assume you have time to wait.
What if I was partly at fault for the accident?: For accidents occurring on or after January 1, 2026, the 51% bar applies. If you are 50% or less at fault, you recover damages reduced by your fault percentage. If you are 51% or more at fault, you recover nothing.

For accidents before January 1, 2026, pure comparative fault applies. Your damages are reduced by your percentage of fault regardless of how high it is.

Fault allocation is determined by evidence. Do not assume partial fault ends your claim. Early investigation and documentation establish a more accurate account of what occurred.
Does it cost anything to hire Morris & Dewett?: No attorney fee is charged unless the firm recovers compensation for you. This is a contingency fee arrangement. The percentage is agreed upon in writing before representation begins. Court costs and case expenses are advanced by the firm and deducted from the recovery if the case is successful.
What should I expect from the other driver's insurance company?: Insurers respond to claims in their own financial interest. Common practices include early contact before you understand the extent of your injuries. Fast settlement offers often arrive before the full picture of your injuries is known. Adjusters may request recorded statements that can later be used to minimize or deny a claim. They may also dispute the severity of your injuries or their connection to the accident.

You are not required to give a recorded statement to the other driver's insurer. You are not required to accept any settlement offer. Once you sign a release, the claim is closed permanently.
What factors affect the value of my case?: The value of a personal injury claim depends on several factors. These include the severity and permanence of your injuries, total medical costs and anticipated future care, and your ability to return to work. Your age and life expectancy matter. So does the strength of the evidence establishing the defendant's fault, the defendant's insurance coverage, and whether punitive damages apply.
How long will my case take?: Cases with clear liability and limited injuries can resolve in months through settlement. Cases involving severe injuries, disputed fault, or corporate defendants take longer. Cases that go to trial take the longest.

The process typically includes investigation, a demand to the insurer, negotiation, and, if settlement fails, filing suit, discovery, and trial preparation. Most cases settle before trial.
What if the driver who hit me had no insurance?: Your own uninsured motorist (UM) coverage may be your primary source of recovery. Louisiana requires insurers to offer UM coverage, but it can be waived. Check your declarations page.

If you were in a commercial vehicle, rideshare, or bus at the time of the accident, the vehicle's insurer may provide additional coverage. An attorney can identify all potentially available sources of recovery.
What should I bring to my first meeting with a personal injury lawyer?: Bring the core documents that let counsel evaluate liability, damages, and deadlines quickly: crash or incident report number, photos, names of witnesses, your health insurance card, medical records you already have, and all insurer correspondence. If a vehicle is involved, bring your declarations page showing UM/UIM elections and policy limits.

You do not need every record before the first meeting. A complete timeline with dates of treatment, missed work, and insurer contact is often enough for the lawyer to identify immediate next steps and preservation tasks.
What is the No Pay, No Play rule?: Louisiana's No Pay, No Play law (La. R.S. 32:866) applies to drivers who were not carrying automobile insurance at the time of an accident. Since August 1, 2025, an uninsured driver cannot recover the first $100,000 in bodily injury damages and the first $100,000 in property damage, regardless of fault.

This applies even if the accident was entirely the other driver's fault. Maintaining automobile insurance protects both your legal obligations and your right to recover if you are injured.

These answers reflect Louisiana law as of January 2026. For case specific advice, consult with a Louisiana personal injury attorney who can evaluate your particular circumstances.