Louisiana Personal Injury Law

Statutes of Limitations: The amount of time you have to sue whoever caused your injury or damage.

• Personal Injury – 1 year
• Damage to Personal Property – 1 year
• Medical Malpractice – 1 year from the discovery of the injury. But, no more than 3 years from the act that caused the injury
• Legal Malpractice – 1 year
• Other Professional Malpractice – 1 year

Where to Sue:

• Personal injury claims under $3,000 - Louisiana City Court Small Claims Division (in cities); Louisiana Justice of the Peace Court (in rural areas)
• Personal injury claims $3,000 - Louisiana District Court

How to Sue:

Small Claims Division/Justice of the Peace Court:

• Forms: Summons and Complaint. You can complete the forms in person with the clerk of the City Court Small Claims Division or clerk of the Justice of the Peace Court where the defendant lives.
• How to notify the defendant (service): A sheriff or constable should personally hand the defendant the Complaint and Summons. You may also serve the defendant by sending him the Complaint and Summons by certified mail, return receipt requested.
• Proving the defendant was notified: The sheriff must endorse a copy of the service that was delivered to the defendant and deliver it to the clerk of the Louisiana court.
• Attorneys: The Louisiana Rules of Civil Procedure permit legal representation at a small claims trial.
• Appealing a small claim: Appeals are not allowed from the Small Claims Division of a Louisiana City Court. Appeals are permitted from either side from a Louisiana Justice of the Peace Court to the District Court within 15 days of the entry of judgment.

Louisiana District Court: Consult a Louisiana personal injury attorney for advice, because completing the process of filing a personal injury lawsuit can be complex. Mistakes in the filing process can result in the loss of your suit, the court dismissing your suit, or the court fining you.

• Forms: Complaint and Summons. You can obtain these forms from the Louisiana District Court clerk where you intend to file your personal injury case.
• How to File: File copies of the Louisiana Summons and Complaint with the clerk of the court in the Louisiana District Court where the defendant lives.
• How to Notify the Defendant: A constable or sheriff must deliver the forms to the defendant, and file a copy with the clerk of the Louisiana District Court.

What to Do if You Are Being Sued:

• Time to respond to a Summons in Louisiana: 15 days.
• Promptly contact and meet with a lawyer.
• If the incident that caused the injury happened where you reside or at your job, contact your insurance company. Your insurance company may supply a lawyer for you if your policy covers the plaintiff's claim.

What to Do if a Judgment Was Entered Against You: If you fail to respond to a Summons and Complaint in Louisiana within 15 days, the court may enter a default judgment against you, meaning that the plaintiff is awarded what he demanded in his complaint.

• Time to Set Aside a Judgment in Louisiana:
  • A Louisiana District Court may set aside a default judgment for mistake, surprise, newly discovered evidence, or inadvertence not more than one year after judgment for default has been entered, pursuant to Federal Rule of Civil Procedure 60(b)
• Contact and speak with a lawyer if the court has entered a default judgment against you.

Ways to Collect Your Judgment:

• Success in a Louisiana personal injury lawsuit allows you to collect a judgment from the debtor. There are several ways to collect your judgment, including putting a lien on the debtor's property or garnishing the debtor's wages or bank accounts. You may want to get counsel from a Louisiana lawyer who specializes in the Louisiana debt collection process.