At the Gertler Law Firm, we understand that an accident or injury can leave you overwhelmed—dealing with medical bills, insurance calls, and uncertainty about what to do next. Whether you were in a car crash on I-10, a worksite incident in Jefferson Parish, or a medical error at a New Orleans hospital, you deserve clear, reliable information.
Below you’ll find answers to common questions Louisiana clients ask after serious accidents, organized by the main types of cases we handle.
PERSONAL INJURY & ACCIDENTS
General Questions About Personal Injury Law in Louisiana
What qualifies as a personal injury claim?
A personal injury claim arises when someone suffers harm due to another’s negligence, recklessness, or intentional act. Common examples include auto accidents, slips and falls, defective products, medical errors, and workplace injuries. The key factor is proof that another party’s conduct directly caused your injury or loss.
How long do I have to file a personal injury lawsuit in Louisiana?
Most Louisiana injury claims have a one-year prescriptive period (statute of limitations) from the date of the incident. Some exceptions exist for minors, delayed medical discovery, or wrongful death. Acting quickly helps preserve evidence, obtain records, and maintain eligibility to recover compensation.
What damages can I recover in a personal injury case?
You may recover both economic and non-economic damages—medical bills, lost income, pain and suffering, property damage, and loss of enjoyment of life. In catastrophic cases, future care costs, permanent impairment, or vocational losses may also apply.
Can I still recover compensation if I was partly at fault?
Yes. Louisiana follows a “comparative fault” system, meaning your recovery is reduced by your percentage of responsibility. For instance, if you were 20% at fault, you could still recover 80% of your total damages.
Do personal injury cases always go to trial?
No. Many claims settle through negotiation once evidence, medical records, and liability are clear. We only proceed to trial when it increases your leverage or leads to a more favorable outcome.
Auto & Transportation Accidents
What should I do immediately after a car accident in Louisiana?
Call 911, seek medical care, and report the accident to law enforcement. Take photos of the scene, vehicle damage, and license plates, and get witness contact information. Avoid making recorded statements to insurers until you’ve spoken with an attorney who can protect your interests.
Who pays for my medical bills after a crash?
Health insurance often pays first, followed by liability, MedPay, or UM/UIM coverage. We coordinate all billing so hospitals, adjusters, and providers have accurate documentation.
Can I file a claim against a rideshare company like Uber or Lyft?
Yes—if the driver was using the app when the crash occurred. Coverage depends on whether the driver was “available,” “en route,” or “on a trip,” with liability limits increasing at each stage.
What happens if I was hit by a drunk driver?
You may have claims against both the impaired driver and potentially the establishment that overserved them. We obtain toxicology results, witness reports, and bar records to prove negligence.
Are truck or 18-wheeler claims different from regular car accidents?
Yes. Commercial trucking cases involve federal safety regulations, driver logs, maintenance records, and corporate insurance layers. We preserve black-box data and identify all responsible carriers.
Do motorcycle, bicycle, or pedestrian crashes work the same way?
They follow similar legal rules, but the injuries are often more severe. We use accident reconstruction, helmet/camera data, and eyewitness accounts to document impact and visibility.
What if I’m hurt on a streetcar or public bus?
Transit and streetcar claims involve municipal entities. We file proper notice within statutory time limits and secure operator logs, video, and maintenance records to establish liability.
Slip, Trip & Fall / Premises Accidents
What is premises liability?
Property owners and managers must maintain reasonably safe conditions for visitors. When poor maintenance, inadequate lighting, or unmarked hazards cause injury, they may be held responsible.
What should I do if I fall at a business or property?
Report the incident, request a copy of the report, and take photos of the area. Keep your footwear and clothing from that day, as they can help demonstrate conditions.
What should I do if I fall at a business or property?
Report the incident, request a copy of the report, and take photos of the area. Keep your footwear and clothing from that day, as they can help demonstrate conditions.
Are property owners responsible for injuries during Mardi Gras or festivals?
Potentially. Each case depends on location and control—whether it was a private balcony, hotel, or city-maintained area. We evaluate who managed the property and its crowd-safety measures.
Construction Accidents
What causes most Louisiana construction injuries?
Common causes include falls from heights, crane or lift malfunctions, electrocutions, struck-by accidents, and safety protocol violations. Industrial corridors along the Mississippi River see frequent multi-contractor projects where liability can overlap.
Can I sue if I’m already receiving workers’ compensation?
Yes, if someone other than your employer caused or contributed to the incident. We analyze site control, contracts, and OSHA records to identify third-party responsibility.
Do I need to report the incident to OSHA or just my employer?
Report to your employer immediately, and we can advise whether OSHA notification is required based on severity and workplace type.
Construction Accidents
What defines a catastrophic injury?
These are life-changing injuries that cause permanent disability or major functional loss—brain trauma, spinal cord damage, severe burns, or amputations. They require long-term documentation of care needs and functional restrictions.
How do brain injuries affect compensation?
Traumatic brain injuries (TBIs) often increase case value because of ongoing treatment and cognitive impact. We coordinate neurological testing, therapy records, and symptom journals to substantiate the claim.
Brain & Catastrophic Injuries
What defines a catastrophic injury?
These are life-changing injuries that cause permanent disability or major functional loss—brain trauma, spinal cord damage, severe burns, or amputations. They require long-term documentation of care needs and functional restrictions.
How do brain injuries affect compensation?
Traumatic brain injuries (TBIs) often increase case value because of ongoing treatment and cognitive impact. We coordinate neurological testing, therapy records, and symptom journals to substantiate the claim.
Wrongful Death
Who can file a wrongful death lawsuit in Louisiana?
Generally, the spouse and children have first priority, followed by parents, siblings, or grandparents. If no direct heirs exist, the estate representative may file on behalf of beneficiaries.
What damages are recoverable?
Wrongful death damages include funeral expenses, lost income, loss of companionship, and emotional suffering. A separate survival action can recover damages the deceased suffered before passing.
MEDICAL MALPRACTICE & BIRTH INJURY
What counts as medical malpractice?
When a doctor, nurse, or facility fails to meet the standard of care and causes harm. Examples include surgical mistakes, anesthesia errors, misdiagnoses, or prescription mix-ups.
How long do I have to file a malpractice claim?
Typically one year from the date of the incident or discovery of injury, but no more than three years overall. Louisiana requires a medical review panel before filing in court.
How do birth injury claims work?
These involve harm to the baby or mother due to delivery errors, delayed C-sections, or misread fetal monitoring. We work with medical experts to review records and determine negligence.
Are all hospitals required to participate in malpractice claims?
Most Louisiana hospitals are covered by the state’s Patient Compensation Fund, which limits liability but ensures funds for serious injuries.
PRODUCT LIABILITY & MASS TORTS / CLASS ACTIONS
What is product liability law?
It holds manufacturers and distributors accountable for defective or unsafe products—ranging from industrial tools to prescription drugs. Claims can involve design defects, manufacturing flaws, or inadequate warnings.
What is a mass tort or class action?
A mass tort combines many similar claims against one defendant, while a class action treats all claimants as one group. Both streamline litigation and improve efficiency for consumers.
Can I file if a medical device was recalled?
Yes. You can bring an individual product liability claim even after a recall. We collect implant records, serial numbers, and device documentation to link the defect to your injury.
What is mesothelioma, and how are asbestos cases handled?
Mesothelioma is an aggressive cancer caused by asbestos exposure, often from industrial or shipyard work. We trace exposure sources, identify responsible companies, and file claims within required time limits.
Do you handle Roundup and chemical-exposure cases?
Yes. We represent clients exposed to Roundup and similar toxins. These claims rely on exposure history, toxicology data, and medical proof connecting the product to diagnosed illnesses.
ELDER ABUSE & PREMISES LIABILITY
What qualifies as nursing home abuse or neglect?
Abuse includes physical harm, emotional mistreatment, financial exploitation, or failure to provide adequate care. Warning signs include bruises, infections, sudden weight loss, or behavioral changes.
What should I do if I suspect neglect?
Document your concerns with photos, note conversations, and report them to facility management. Then contact an attorney to secure records and coordinate with investigators.
Are facilities responsible for staff misconduct?
Yes. Nursing homes and assisted-living centers are liable for their employees’ actions and hiring practices. We review staffing ratios, policies, and prior violations.
WILLS, SUCCESSIONS & ESTATE SERVICES
What is a Louisiana succession?
A succession transfers ownership of a deceased person’s assets to heirs. Louisiana’s civil law system makes this process unique, requiring specific court filings and succession documents.
What’s the difference between succession and probate?
They’re similar—“succession” is simply the Louisiana term for probate. We guide families through each step, from listing assets to distributing property.
How does a wrongful death settlement affect an estate?
The recovery may be distributed through the estate to heirs. We coordinate with probate courts to ensure all beneficiaries receive their lawful share.
ABOUT THE GERTLER LAW FIRM
How much does it cost to hire your firm?
We work on a contingency-fee basis; you pay nothing unless we recover compensation for you. We also advance case expenses during litigation.
Do you offer free consultations?
Yes. Every consultation is confidential and free of charge, whether by phone, video, or in-person appointment.
Where do you handle cases?
We represent clients across Louisiana, including New Orleans, Jefferson, St. Bernard, St. Charles, St. Tammany, Tangipahoa, Lafourche, Terrebonne, Washington, and Plaquemines Parishes.
What sets your firm apart from other New Orleans personal injury lawyers?
Experience and results. Since 1975, we’ve combined courtroom skill with detailed documentation – medical records, insurer coordination, and expert analysis – to build strong cases that achieve meaningful recoveries. We have a track record of success in high-profile litigation (including a landmark judgment against the tobacco industry), and personalized attention to every client.
Contact Us for More Answers
If you have additional questions about personal injury law in Louisiana, call (504) 581-6411 or (877) 581-6411.
The Gertler Law Firm provides guidance, structure, and advocacy for families navigating the aftermath of serious injuries and losses.