How Long Do You Have to File a Car Accident Lawsuit in Louisiana? 2026

By Robert M. Lucky

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Car Accidents

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Last Modified on Aug 19, 2026

How long do you have to file a car accident lawsuit in Louisiana? Louisiana car accident laws are pretty clear on the matter, but there are some nuances to consider depending on the facts of your specific situation.

A Kenner car accident lawyer can work with you through these challenges and help you understand your recovery options based on the details of the case. They can also advocate for your right to a fair settlement in and out of the courtroom.

For example, the statutes of limitations for filing a personal injury claim, wrongful death claim, and survival action are all slightly different. Moreover, there are unique rules for filing against government entities or employees.

How Long Do You Have to File a Car Accident Lawsuit in Louisiana?

Car accidents can be the result of any number of factors. There were a total of 37,388 injury crashes and 706 fatal crashes recorded across the state of Louisiana in a single year. If you’re in a car accident and another party is at fault, you may have grounds to file a claim and recover damages for your losses.

Recovering from a car accident goes beyond your physical healing, especially when you suffered serious losses. Louisiana rideshare accident laws exist to protect injured parties and allow them to recover damages based on injuries and other losses. Under Louisiana law, you typically have two years to file a personal injury claim after a car accident.

That said, there may be different rules for filing claims against government entities or employees. For starters, you have to file a notice of claim within a certain period of time before you can pursue further legal action.

Common at-fault parties in car accident cases can include:

• Drunk drivers
• Negligent drivers, cyclists, or pedestrians
• Passengers in the vehicle
• Rideshare drivers and their employers
• The city or other government entities
• Truckers and their employers

A Louisiana car accident attorney can help you understand your legal options for recovery, so you can move past this challenging time in your life. They can also represent you throughout the different stages of your case. From negotiating with insurance adjusters to navigating litigation, you can count on a Louisiana personal injury lawyer to be there for you.

FAQs

Is Louisiana an At-Fault Car Accident State?

Yes, Louisiana is an at-fault car accident state. This means that anyone found responsible for the accident can be liable for paying damages to the injured parties. Louisiana recently switched to a modified comparative fault law, which allows injured parties to secure compensation after an accident as long as they are not the majority party at fault.

Do I Have to Go to Court to Settle a Car Accident Claim in Louisiana?

No, you don’t have to go to court to settle a car accident claim in Louisiana. Litigation is typically reserved as a last resort for resolving an injury claim. Many car accident claims settle out of court through direct negotiations, mediation, or arbitration.

It’s wise to hire a car accident lawyer even if you’re not taking things to the courtroom. Your attorney can help you reach an agreement out of court, so you can avoid litigation.

What Is the Average Car Accident Settlement in Louisiana?

The average car accident settlement in Louisiana depends on the scope of the losses and against whom the claimant is filing. For example, injured parties typically can file a car accident claim to recover economic and non-economic damages based on their losses.

However, non-economic damages can be capped at $500,000 in claims against government officials or entities. Economic damages are typically not capped regardless of the details of the claim.

Can I File a Car Accident Claim in Louisiana if I Don’t Have Auto Insurance?

Yes, you can file a car accident claim in Louisiana if you don’t have auto insurance. However, there are limits that you must consider if you’re trying to recover damages without insurance. Louisiana drivers are required to carry minimum liability insurance.

Under Louisiana’s no pay, no play rule, injured parties cannot recover the first $100,000 for injury and property damages. Additionally, you may face legal penalties for driving without the proper insurance.

Hire a Car Accident Lawyer in Louisiana to Discuss Your Recovery Options in More Detail

The road to recovery after a car accident can be long and complicated. Having the means to support yourself and continue living a relatively normal life can make all the difference. Car accident laws protect injured parties on the road, but that doesn’t mean you’re automatically going to recover a fair settlement.

You can count on a Louisiana personal injury lawyer from The Lucky Law Firm, PLC to be there to help you recover the damages you’re rightfully owed after a car accident. Our attorneys take the time to learn about you and your situation in order to provide personalized care.

The Lucky Law Firm, PLC brings nearly three decades of experience navigating complex traffic accident claims, including:

• Bus and truck accidents
• Drunk driving accidents
• Fatal car accidents
• Head-on collisions
• Hit-and-run accidents
• Motorcycle accidents
• Rideshare accidents
• Rollover accidents

Regardless of the details of the accident, our Louisiana personal injury lawyers are here to help you secure full compensation. We are proud to have an extensive history of successful settlements and recoveries for our clients.* Over the years, we’ve also built an impressive reputation among our clients and peers alike, including awards like:

• Recognized among Attorney & Practice Magazine’s Top 10 Personal Injury Attorneys
• BBB Accredited with an A+ rating continuously since 2011
• Named to Best of the Best Attorneys’ Top 10 Personal Injury Attorneys list
• Maintains an outstanding Google rating from clients
• Listed in Motor Vehicle Trial Lawyers’ Top 25
• Honored by The National Trial Lawyers as one of the Top 100 Attorneys**

Contact us at an office near you to learn more about your recovery options after a car accident through an initial consultation with a local attorney today. You can find us in New Orleans near I-10 and I-610 and in Baton Rouge near the I-10 and I-110 interchange.

*Past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits.

**Awards and recognition are not guarantees of future results. Selection criteria vary by organization.