Do I need a lawyer after a car accident in Louisiana?
Every rule below is quoted from Louisiana law or a state agency, with a link. Checked September 17, 2026.
The short answer
We can't tell you whether you need a lawyer. We can show you the Louisiana rules that usually decide it: how fault is split, how long you have, and how injury lawyers are allowed to charge. Many people with only car damage settle directly with the insurer. People with injuries, disputed fault or a claim near a deadline often talk to a lawyer first.
How fault changes your claim
If you were partly at fault
As of January 1, 2026, Louisiana uses modified comparative fault with a 51 percent bar. You can recover damages only if you were less than 51 percent at fault. If you were 51 percent or more at fault, you get nothing.
“is equal to or greater than fifty-one percent, then the person suffering injury, death, or loss shall not be entitled to recover damages”
How long you have
- 2 years
- to sue for injuriesLa. Civ. Code art. 3493.1
- 2 years
- to sue for car or property damageLa. Civ. Code art. 3493.1
- 1 year from death, or 2 years from the crash
- for a family to sue after a deathLa. Civ. Code art. 2315.2(B)
- 90 days after filing suit
- to notify the government if a public vehicle or road was involvedLa. R.S. 13:5107(A)(2)
Deadline to sue for injuries
You have 2 years to sue for injuries from a car crash in Louisiana.
“Delictual actions are subject to a liberative prescription of two years. This prescription commences to run from the day that injury or damage is sustained”
If a government vehicle or road was involved
Louisiana does not require a separate notice of claim before suing over a state or local government vehicle or road. The usual 2 year deadline to sue applies, but if you sue the state, the Attorney General must be served within 90 days after you file suit.
“Service shall be requested upon the attorney general within ninety days of filing suit”
How injury lawyers charge in Louisiana
Contingency fee rules
Louisiana has no dollar or percentage cap on personal injury contingency fees. The fee has to be reasonable, and the contingency fee agreement must be in a writing signed by the client, with a copy given to the client.
“A contingent fee agreement shall be in a writing signed by the client. A copy or duplicate original of the executed agreement shall be given to the client at the time of execution of the agreement.”
Questions to ask any lawyer before you sign
- What percentage do you charge, and does it change if the case goes to trial?
- Who pays case costs like records and expert fees if we lose?
- Will you handle my case yourself, or pass it to someone else?
- How long do cases like mine usually take here?
- What is the deadline for my claim, and when will you file?
If the insurer is the problem
File a complaint with the state
To file a complaint against an insurance company in Louisiana, use the online Consumer Complaint Form on the Louisiana Department of Insurance website, or print and mail a paper version.
“You may use this page to submit a complaint to the Louisiana Department of Insurance.”
Sources on this page
Each one was opened and checked on September 17, 2026.
Know My Claim is not a law firm or a government agency, and this page is not legal advice. Laws change, so check the linked source before you rely on a deadline.