A personal injury case is a legal claim filed when someone is hurt because of another person’s or company’s carelessness or reckless behavior. These cases cover a wide range of situations, from car accidents and slip and fall injuries to medical mistakes and defective products. The goal is to recover financial compensation for your medical bills, lost wages, pain, and other losses. If someone else’s negligence caused your injury in Louisiana, you may have the right to hold them accountable. Contact Arnona Rose at 504-556-4444 for a free consultation to discuss your situation.

You may have a valid claim if you were injured because someone else failed to act with reasonable care. The key elements are: another party owed you a duty of care, they breached that duty, their breach directly caused your injury, and you suffered actual damages as a result. Louisiana also allows you to recover compensation even if you were partly at fault, though your award will be reduced by your percentage of responsibility. The best way to find out is to speak with an experienced attorney who can evaluate the specific facts of your case. Call us at 504-556-4444.

Your first priority is your safety and health. Call 911 if anyone is hurt or if there is significant property damage. Seek medical attention right away, even if your injuries seem minor, because some symptoms take days or weeks to appear. If you can, take photos of the scene, your injuries, and any property damage. Get the names and contact information of any witnesses. Report the incident to the appropriate authorities. Do not admit fault or apologize at the scene. Then, contact a personal injury attorney as soon as possible to protect your legal rights.

At Arnona Rose, we work on a contingency fee basis. That means you pay nothing upfront and owe us nothing unless we recover compensation for you. Our fee is a percentage of the amount we recover on your behalf. If we do not win your case, you do not owe us any attorney fees. This arrangement makes it possible for anyone to get quality legal representation regardless of their financial situation. We believe that access to justice should not depend on your ability to pay out of pocket.

A contingency fee means your attorney’s payment is contingent on winning your case. Instead of billing you by the hour, your lawyer receives an agreed-upon percentage of your settlement or court award. If there is no recovery, there is no fee. At Arnona Rose, we typically charge one-third of the gross recovery if the case settles before a lawsuit is filed. If a lawsuit is necessary, the percentage may increase to account for the additional work involved. We explain all fee structures clearly during your free initial consultation so there are never any surprises.

You have the right to handle your own claim, but doing so puts you at a significant disadvantage. Insurance companies have teams of adjusters and attorneys working to minimize what they pay you. They know that unrepresented claimants are more likely to accept low offers. An experienced personal injury attorney understands the true value of your claim, knows how to negotiate effectively, and can take your case to trial if necessary. Studies consistently show that claimants represented by attorneys recover significantly more compensation than those who go it alone.

Bring anything related to your accident and injuries. This includes the police or incident report, photos of the scene and your injuries, medical records and bills, insurance information (yours and the other party’s if available), any correspondence from insurance companies, names and contact information for witnesses, and a written timeline of what happened. If you do not have all of this, do not let that stop you from calling. We can help you gather what is needed. The consultation is free, and we will let you know exactly where you stand.

Every case is different, and timelines depend on several factors: the severity of your injuries, how long your medical treatment takes, the complexity of the facts, and whether the other side is willing to negotiate fairly. Some straightforward cases settle in a few months. More complex cases, especially those that go to trial, can take a year or longer. We never rush a settlement just to close a case quickly. Our goal is to make sure you receive full and fair compensation, and sometimes that takes patience. We keep you informed every step of the way.

During your free consultation, we sit down with you, listen to your story, and ask questions about your accident and injuries. We review any documents or evidence you bring. Then we give you an honest assessment of your case, including whether you have a viable claim, what types of compensation you may be entitled to, and what the legal process looks like going forward. There is no pressure and no obligation. Our goal is to make sure you have the information you need to make an informed decision about your next steps. Call 504-556-4444 to schedule.

Yes. You have the right to change attorneys at any time if you are not satisfied with your current representation. If you decide to switch, your original lawyer is typically entitled to payment for the work they have already done, which is usually handled through a fee-sharing arrangement between the old and new attorneys at the conclusion of your case. You should not stay with a lawyer you do not trust or who is not communicating with you. At Arnona Rose, we are happy to review your case and discuss whether a change makes sense for your situation.

Check yourself and your passengers for injuries and call 911 immediately. Move to a safe location if possible. Exchange insurance and contact information with the other driver, but do not discuss fault or apologize. Take photos of the vehicles, the road, traffic signals, and any visible injuries. Get the names and phone numbers of witnesses. Wait for the police to arrive and file an official report. Do not leave the scene before the police have documented the accident. Then seek medical attention, even if you feel fine. Contact an attorney before speaking with the other driver’s insurance company.

We strongly recommend speaking with an attorney before giving any statement to the other driver’s insurance company. The insurance adjuster’s job is to settle your claim for as little money as possible. They may ask questions designed to get you to minimize your injuries or accept some blame for the accident. Anything you say can be used against you later. At Arnona Rose, we handle all communication with the insurance companies on your behalf so you can focus on your recovery without worrying about saying something that could hurt your case.

Louisiana law requires all drivers to carry liability insurance, but not everyone complies. If the at-fault driver is uninsured, you may still be able to recover compensation through your own uninsured motorist (UM) coverage. Louisiana law allows you to file a UM claim against your own insurance company to cover your medical expenses, lost wages, and pain and suffering. An uninsured motorist claim cannot be used against you to raise your rates or cancel your policy. An attorney can review your coverage and help you pursue all available sources of compensation.

Extremely important, for both your health and your legal case. Some injuries, like soft tissue damage, concussions, and internal bleeding, may not show symptoms for hours or even days after an accident. Seeing a doctor immediately creates a medical record that directly links your injuries to the accident. If you wait weeks to seek treatment, the insurance company will argue that your injuries are not related to the accident or that they are not as serious as you claim. Follow your doctor’s treatment plan and attend all follow-up appointments.

Yes, you can still file a claim even without a police report, though having one makes your case stronger. If you did not call the police at the scene, you should document everything you can remember as soon as possible: write down what happened, when and where it occurred, who was involved, and any witness information. Take photos if you return to the scene. Seek medical treatment right away. A police report is helpful evidence, but it is not the only evidence. An experienced attorney can help build your case using other documentation.

The more evidence you gather, the stronger your case will be. Take photos and videos of the accident scene from multiple angles, including vehicle damage, road conditions, traffic signs, and any visible injuries. Get the other driver’s insurance information, license plate number, and contact details. Collect names and phone numbers of witnesses. Save all medical records, bills, and receipts related to your treatment. Keep a journal documenting your pain levels, limitations, and how the injury affects your daily life. Preserve any clothing or personal items damaged in the accident.

No. This is one of the most common mistakes injury victims make. Insurance companies and defense attorneys routinely monitor social media accounts looking for posts they can use against you. A photo of you smiling at a family gathering could be used to argue you are not really in pain. A casual comment about your weekend plans could be twisted to suggest your injuries are not limiting your activities. Even check-ins at locations can be used against you. Our advice: stay off social media entirely while your case is active, or at minimum, do not post anything related to your accident, injuries, or activities.

Delayed symptoms are very common, especially with soft tissue injuries, concussions, and back injuries. The adrenaline from an accident can mask pain for hours or even days. If new symptoms appear after your initial medical visit, see your doctor again right away and explain that the symptoms are related to your accident. As long as you sought initial medical treatment promptly and can establish a connection between the delayed symptoms and the accident, you can still pursue a claim. This is one reason we always recommend seeing a doctor immediately, even if you feel fine at first.

For injuries occurring on or after July 1, 2024, Louisiana’s statute of limitations (called the “prescriptive period”) is two years from the date of injury for most personal injury cases. This was a significant change from the previous one-year deadline that had been in place for nearly 200 years. For injuries that occurred before July 1, 2024, the old one-year deadline still applies. There are exceptions for medical malpractice, wrongful death, and cases involving minors. If you miss the deadline, you permanently lose your right to file a lawsuit, so do not wait. Contact an attorney as soon as possible after an injury.

Louisiana uses the term “prescriptive period” instead of “statute of limitations” because our state follows a civil law system influenced by French and Spanish legal traditions, unlike the common law system used in every other state. The prescriptive period sets the deadline for filing a lawsuit. Once it expires, your right to sue is extinguished regardless of how strong your case may be. For most personal injury claims arising after July 1, 2024, the prescriptive period is two years. Because Louisiana’s legal system is unique, it is important to work with an attorney who understands these distinctions.

If you miss Louisiana’s prescriptive period, the consequences are severe: you permanently lose your right to file a lawsuit. The court will dismiss your case, no matter how serious your injuries are or how clearly the other party was at fault. The defendant can request dismissal based solely on the expired deadline, and courts routinely grant these motions. Even if you are still negotiating with insurance companies, an expired prescriptive period eliminates your leverage and often results in the insurance company denying your claim entirely. This is why contacting an attorney early is so critical.

Personal injury lawsuits in Louisiana are generally filed in the parish where the accident occurred or where the defendant resides. For accidents in New Orleans, that typically means filing in Orleans Parish Civil District Court. For accidents in Metairie, Kenner, or other parts of Jefferson Parish, cases are filed in Jefferson Parish. Filing in the correct court matters. If you file in the wrong parish, it can create delays and complications. An experienced attorney will know exactly where your case should be filed and will handle all of the procedural requirements for you.

A claim is a demand for compensation filed with an insurance company. A lawsuit is a formal legal action filed in court. Most personal injury cases start as insurance claims. Your attorney negotiates with the insurance company to reach a fair settlement. If the insurance company refuses to offer fair compensation, your attorney can then file a lawsuit and take the case to court. Filing a lawsuit does not necessarily mean you will go to trial. Many cases settle during the litigation process. At Arnona Rose, we prepare every case as if it will go to trial, which gives us more leverage in negotiations.

Yes. Louisiana follows a pure comparative fault system, which means you can recover compensation even if you were partially responsible for the accident. Your recovery will be reduced by your percentage of fault. For example, if you are found to be 30% at fault and your damages total $100,000, you would receive $70,000. Unlike some states that bar recovery entirely if you are more than 50% at fault, Louisiana allows you to recover something as long as you were not 100% responsible. Insurance companies often try to exaggerate your share of fault to reduce your payout, which is why having an attorney matters.

Louisiana law allows you to recover both economic and non-economic damages. Economic damages include medical expenses (past and future), lost wages, loss of earning capacity, property damage, and other out-of-pocket costs. Non-economic damages cover pain and suffering, emotional distress, mental anguish, loss of enjoyment of life, and loss of consortium. In rare cases involving especially reckless or intentional conduct, you may also be able to recover punitive damages. The specific damages available depend on the facts of your case. An attorney can evaluate the full scope of your losses and fight for maximum compensation.

The discovery rule is an exception to Louisiana’s standard prescriptive period. Normally, the clock starts running on the date you are injured. But in some situations, you may not know right away that you have been hurt or what caused the injury. The discovery rule allows the prescriptive period to begin when you knew or reasonably should have known about your injury and its cause. This rule is important in cases involving toxic exposure, medical malpractice, or delayed-onset injuries. However, courts apply it strictly and require clear evidence. Never assume it applies without consulting an attorney.

Insurance companies look at several factors: the severity of your injuries, your medical treatment and costs, how long your recovery takes, the impact on your ability to work, and the strength of the evidence linking the other party’s negligence to your injuries. They also consider your own potential share of fault under Louisiana’s comparative fault rules. Adjusters use software programs and internal formulas to calculate what they think your case is worth, but these tools are designed to minimize payouts. An experienced attorney understands how insurers evaluate claims and can counter their lowball tactics.

Because it is their job. Insurance adjusters are trained to protect the company’s bottom line, not to look out for your best interests. They know that injured people are often under financial pressure from medical bills and lost income, making them more likely to accept a quick, low offer. They may also hope you do not fully understand the value of your claim or that your injuries will worsen over time. Once you accept a settlement, you typically cannot ask for more money later, even if your condition deteriorates. That is why it is critical to consult an attorney before accepting any offer.

Almost certainly not. The first offer is almost always lower than what your case is worth. Insurance companies make early offers hoping to close the claim quickly and cheaply, often before you know the full extent of your injuries. If you are still receiving medical treatment, you do not yet know your total medical expenses. If you accept too early, you may be stuck paying future medical bills out of your own pocket. Let an attorney review any settlement offer before you respond. At Arnona Rose, we evaluate the full impact of your injuries before advising you on whether an offer is fair.

Uninsured motorist (UM) coverage protects you when the at-fault driver has no insurance or not enough insurance to cover your damages. In Louisiana, UM coverage is available under your own auto insurance policy and applies to bodily injury caused by an at-fault driver who is uninsured or underinsured. Filing a UM claim cannot be used against you to raise your premiums or cancel your policy. Louisiana law also allows you to stack UM coverage across multiple vehicles on your policy, which can significantly increase the amount of coverage available. Talk to your attorney about whether stacking applies to your situation.

A denial is not the end of the road. Insurance companies deny claims for many reasons, some legitimate and some not. Common reasons include disputes about who was at fault, questions about whether your injuries are related to the accident, or claims that you missed a deadline. An experienced attorney can review the denial letter, determine whether the insurer acted in good faith, and take appropriate action. This may include filing an appeal, negotiating directly with the insurer, or filing a lawsuit. In Louisiana, insurance companies that act in bad faith can face additional penalties.

You have the right to, but it is risky. Insurance adjusters negotiate claims every day. They are trained professionals who know exactly how to minimize your payout. Without legal training and experience, you may not know the true value of your claim, the legal deadlines that apply, or the tactics the insurer is using against you. Many people who negotiate on their own end up settling for far less than they deserve. At minimum, consult with an attorney before accepting any settlement offer so you understand what you may be leaving on the table.

Bad faith occurs when an insurance company fails to handle your claim honestly and fairly. Under Louisiana law, insurers are required to promptly investigate, adjust, and pay valid claims. When they don’t, they may be liable for penalties. Examples of bad faith include unreasonably delaying payment, denying a valid claim without proper investigation, misrepresenting policy terms, and failing to offer a fair settlement when liability is clear. Louisiana law allows policyholders to recover penalties of up to two times the amount owed, plus attorney fees and costs. If your insurer is treating you unfairly, you have legal options.

Document everything. Keep a written record of every phone call, email, and letter, including dates, times, and the name of the person you spoke with. If the insurer is delaying, denying without explanation, or changing the reason for denial, these may be signs of bad faith. Under Louisiana law, insurers must acknowledge your claim within a specific time frame and act in good faith throughout the process. If you feel you are being treated unfairly, contact an attorney. At Arnona Rose, we have extensive experience holding insurance companies accountable. Call us at 504-556-4444.

We represent clients across a wide range of personal injury cases, including car accidents, truck and 18-wheeler accidents, motorcycle accidents, pedestrian and bicycle accidents, slip and fall injuries, premises liability, wrongful death, product liability, and rideshare accidents. We also handle hurricane and property damage insurance claims. Our attorneys have decades of combined experience in Louisiana personal injury law and have taken cases from initial consultation through trial and appeal. If you are unsure whether your situation qualifies, call us at 504-556-4444 for a free consultation.

Call 911 and request police and medical assistance. Check on all passengers and other drivers involved. If it is safe, move vehicles out of traffic. Exchange insurance and contact information with the other driver but do not discuss fault. Document the scene: take photos of vehicle damage, the roadway, traffic signals, and any visible injuries. Get contact information from witnesses. New Orleans streets present unique challenges, from narrow French Quarter roads to heavy traffic on I-10. Report the accident to your insurance company, but do not give a detailed recorded statement without first speaking to an attorney.

Truck accidents often involve more severe injuries and more complex liability. Commercial trucks are regulated by both federal and state laws, including rules about driver hours, vehicle maintenance, and cargo loading. Multiple parties may share liability: the truck driver, the trucking company, the cargo loader, or the vehicle manufacturer. Trucking companies often dispatch investigators to the accident scene immediately to begin building their defense. Evidence can disappear quickly, including electronic logging device data and dashcam footage. This is why it is critical to contact an attorney as soon as possible after a truck accident.

Premises liability holds property owners and occupiers responsible for injuries that occur on their property due to unsafe conditions. In Louisiana, a property owner has a duty to keep their premises reasonably safe and to warn visitors of known hazards. Common premises liability cases include slip and fall injuries from wet floors, tripping hazards, inadequate lighting, broken stairs, and lack of security. To succeed in a premises liability claim, you must show that the property owner knew or should have known about the dangerous condition and failed to address it or warn you about it.

Yes, if you can demonstrate that the property owner’s negligence caused your injury. You will need to show that a hazardous condition existed on the property (such as a wet floor, uneven surface, or poor lighting), that the owner knew or should have known about it, and that you were injured as a result. Document the scene immediately: take photos of the hazard, report the incident to the property owner or manager, and seek medical attention. Do not assume the property owner will be honest about what happened. An attorney can help preserve evidence and build your case.

A wrongful death claim is filed when someone dies as a result of another party’s negligence or wrongful act. In Louisiana, this type of claim allows surviving family members to seek compensation for their losses, including funeral and burial expenses, loss of financial support, loss of companionship and guidance, and mental pain and suffering. Louisiana has specific rules about who can file a wrongful death claim, with priority given to the surviving spouse and children. The prescriptive period for wrongful death is generally one year from the date of death.

Louisiana law designates who can bring a wrongful death action in a specific order of priority. The surviving spouse and children have the first right to file. If there is no surviving spouse or children, the right passes to the surviving parents. If there are no surviving parents, it passes to siblings, and then to grandparents. Only the class with the highest priority can bring the claim. Louisiana also recognizes a separate survival action, which allows the estate to recover damages the deceased person could have claimed had they survived. An attorney can explain which claims apply to your family’s situation.

Product liability applies when a defective or unreasonably dangerous product causes injury. Under the Louisiana Products Liability Act, manufacturers, distributors, and retailers can be held responsible if a product has a design defect, a manufacturing defect, or inadequate warnings or instructions. You do not have to prove negligence in the traditional sense. Instead, you must show that the product was unreasonably dangerous and that the defect caused your injury. Common examples include defective auto parts, dangerous medications, faulty medical devices, and unsafe consumer products. These cases often require expert testimony.

Yes. Under Louisiana law, a dog owner can be held liable if their dog injures someone and the owner knew or should have known the dog posed a danger, or if the owner failed to exercise reasonable care in restraining the animal. Louisiana courts look at whether the dog had a history of aggressive behavior and whether the owner took reasonable steps to prevent the attack. If you are bitten, seek medical attention immediately (dog bites carry infection risks), document your injuries with photos, report the incident to local animal control, and contact an attorney to discuss your options.

In most cases, workplace injuries are covered by Louisiana’s workers’ compensation system, which means you cannot sue your employer for negligence. However, there are important exceptions. If a third party (not your employer) caused your injury, you may have a personal injury claim against that third party. For example, if you were hurt on a construction site by a subcontractor’s equipment, you could pursue a claim against the subcontractor. Additionally, if your employer intentionally caused your injury, you may be able to sue outside of workers’ comp. An attorney can evaluate whether you have options beyond workers’ compensation.

Arnona Rose is a boutique law firm rooted in the New Orleans community. Founded in 2006, we combine personalized attention with aggressive litigation. You are never just a case number here. Our attorneys personally handle every aspect of your case and are accessible when you have questions. We have decades of combined courtroom experience and have taken cases from initial consultation through trial and appeal to the Louisiana Supreme Court. We work on a contingency fee basis, so you pay nothing unless we win. Call 504-556-4444 for a free consultation.

Our attorneys bring diverse legal backgrounds and decades of combined experience. Vincent Arnona is a Tulane University graduate who began his career as an Orleans Parish Public Defender before co-founding Arnona Rose. Donald Rose gained extensive personal injury experience working with prominent Louisiana law firms before co-founding the firm. Toni Arnona, a Loyola University law graduate, joined the firm in 2014 and practices across personal injury, criminal law, family law, wrongful death, insurance disputes, and contract law. Together, our team offers comprehensive legal representation across multiple practice areas.

Most personal injury attorneys in Louisiana, including Arnona Rose, work on a contingency fee basis. The standard fee is typically one-third (33.3%) of the gross recovery if the case settles before a lawsuit is filed. If a lawsuit is filed, the fee may increase to 40%. If the case goes to trial or an appeal is taken, fees may be 40% to 45%. Legal costs (filing fees, expert witness fees, medical record costs) are separate from attorney fees and are typically advanced by the firm and repaid from your recovery. We explain all of this clearly before you sign anything.

Most personal injury cases settle before trial. At Arnona Rose, we work hard to negotiate a fair settlement so you do not have to go through the stress and uncertainty of a courtroom proceeding. However, if the insurance company refuses to offer fair compensation, we are fully prepared to take your case to trial. Our attorneys have extensive courtroom experience and a reputation for being willing to fight. Insurance companies know which firms will actually go to trial and which will not, and that reputation influences the settlement offers they make.

Communication is a priority at Arnona Rose. We know how frustrating it is to feel in the dark about your own case. We keep you informed at every stage, from the initial investigation through settlement negotiations or trial. You will have direct access to your attorney, not just a paralegal or receptionist. We return phone calls promptly and make sure you understand what is happening and why. If there is a development in your case, we will reach out to you proactively. You should never have to wonder what is going on with your claim.

Do not give up. Different attorneys evaluate cases differently, and some firms focus on specific types of injuries or only take cases above a certain dollar threshold. The fact that one lawyer declined your case does not mean you do not have a valid claim. At Arnona Rose, we review every case on its own merits. We have successfully represented clients whose cases were turned down by other firms. Call us at 504-556-4444 for a free consultation. We will give you an honest assessment of your situation.

Look for an attorney who has specific experience with your type of case in Louisiana, who communicates clearly and promptly, and who you feel comfortable with. Ask about their track record, how they handle cases, and who will be your primary point of contact. Be cautious of firms that make guarantees about outcomes or pressure you to sign immediately. A good attorney should make you feel heard, answer your questions honestly (including the weaknesses of your case), and explain the process clearly. Trust your instincts. The right attorney will feel like a partner, not a salesperson.

Good questions to ask include: How long have you been handling personal injury cases in Louisiana? Have you handled cases similar to mine? What is your fee structure, and when do costs increase? Who will be handling my case day to day? How often will you update me on my case? Are you willing to take my case to trial if needed? What is your assessment of my case, including the challenges? How long do you expect my case to take? A trustworthy attorney will answer these questions directly and honestly, without evasiveness or pressure.

There is no simple answer because every case is different. The value of your case depends on the severity of your injuries, the cost of your medical treatment (past and future), your lost wages and loss of earning capacity, the impact on your quality of life, and the strength of the evidence. Cases involving permanent disability, chronic pain, or significant lifestyle limitations are generally worth more. At Arnona Rose, we carefully calculate the full scope of your damages before negotiating with the insurance company. We do not settle for less than what your case is truly worth.

Louisiana law provides for several categories of compensation. Economic damages cover your financial losses: medical bills (past and future), lost wages, loss of earning capacity, property damage, and rehabilitation costs. Non-economic damages cover the human cost: physical pain, mental anguish, emotional distress, loss of enjoyment of life, scarring or disfigurement, and loss of consortium (the impact on your relationship with your spouse). In cases involving gross negligence or intentional harm, punitive damages may also be available. Your attorney will work to identify every category that applies to your situation.

Economic damages are the measurable financial costs of your injury. They include medical bills, prescription costs, physical therapy, lost wages, reduced earning capacity, property repair or replacement, and any other out-of-pocket expense caused by the accident. Non-economic damages compensate you for losses that do not have a specific dollar amount: physical pain, emotional suffering, mental anguish, loss of enjoyment of life, and the impact on your relationships. Both categories are equally valid under Louisiana law and are determined based on the specific circumstances of your case.

Yes. Pain and suffering is a recognized category of damages in Louisiana personal injury law. This includes both the physical pain from your injuries and the emotional and mental suffering that accompanies them. Louisiana courts consider factors such as the severity of your injury, the duration and intensity of your pain, the impact on your daily activities and quality of life, and the emotional distress caused by the accident and its aftermath. There is no fixed formula for calculating pain and suffering. Your attorney will use evidence, medical records, and your testimony to present the full picture to the jury or insurance company.

Punitive damages are designed to punish especially reckless, malicious, or intentional conduct and to deter others from similar behavior. They are separate from the compensatory damages that cover your actual losses. In Louisiana, punitive damages are available in limited circumstances, such as cases involving drunk driving or intentional acts. They are not awarded in every case and require a higher standard of proof. If the facts of your case suggest the at-fault party acted with extreme disregard for your safety, your attorney can evaluate whether a punitive damages claim is appropriate.

There is no single formula, but your settlement is based on the total value of your damages. Attorneys and insurance companies look at your medical expenses (past and projected future), lost wages and lost earning capacity, property damage, pain and suffering, and the impact on your daily life. The strength of the evidence, the clarity of liability, and the insurance policy limits also factor in. At Arnona Rose, we calculate the full picture of your damages before entering negotiations. We also consider what a jury might award if the case went to trial, which helps us evaluate whether a settlement offer is fair.

Yes, but you can still recover. Under Louisiana’s pure comparative fault system, your compensation is reduced by your percentage of responsibility. If a jury determines your total damages are $200,000 but you were 20% at fault, you would receive $160,000. Unlike some states that cut off recovery entirely at 50% or 51% fault, Louisiana allows recovery at any percentage below 100%. Insurance companies often try to inflate your share of fault to reduce their payout. Having an experienced attorney argue against exaggerated fault allegations can make a significant difference in the amount you receive.

Generally, no. Under federal tax law, compensation for physical injuries or physical sickness is not taxable. This includes settlements and jury awards for medical expenses, pain and suffering, and lost wages related to a physical injury. However, there are exceptions. Interest earned on a settlement, punitive damages, and compensation for emotional distress that is not tied to a physical injury may be taxable. If you received a tax deduction for medical expenses in a prior year and then recover those expenses in a settlement, there may be tax implications. Consult a tax professional for advice specific to your situation.

Louisiana is unique in the American legal system. It is the only state whose legal system is based on a civil law tradition derived from French and Spanish codes, rather than the English common law used everywhere else. Louisiana uses the term “prescriptive period” instead of “statute of limitations.” It has a pure comparative fault system that allows recovery at any percentage of fault. It also has a direct action statute that lets you sue the at-fault party’s insurance company directly. Louisiana uses “parishes” instead of “counties.” These differences mean that legal advice based on other states’ laws may not apply here.

Comparative fault is the legal principle that assigns a percentage of responsibility to each party involved in an accident. Louisiana follows a pure comparative fault system, meaning you can recover compensation even if you were mostly at fault. Your recovery is reduced by your percentage of fault. If you are 40% responsible for an accident and your damages total $100,000, you would receive $60,000. The jury (or judge in a bench trial) determines each party’s percentage of fault based on the evidence. Insurance companies use comparative fault arguments to try to reduce your compensation, which is why evidence preservation matters.

For most personal injury cases in Louisiana, there are no caps on the amount of compensation you can recover. This means a jury can award whatever amount they determine is fair based on the evidence. However, there are caps in certain specific areas. Medical malpractice cases are subject to a cap on total damages (not including future medical care) under the Louisiana Medical Malpractice Act. Additionally, claims against government entities may have special limitations. An attorney can advise you on whether any caps or limitations apply to your specific type of case.

These are two separate legal claims that arise when someone dies due to another’s negligence. A survival action allows the deceased person’s estate to recover damages that the person could have claimed if they had survived, including medical expenses, lost wages, and pain and suffering experienced before death. A wrongful death action is brought by surviving family members for their own losses, including loss of financial support, companionship, and their own emotional suffering. Both claims can be filed simultaneously but compensate different people for different losses. An attorney can help you understand which claims your family should pursue.

Yes, but the rules are different. Claims against state and local government entities in Louisiana involve additional procedural requirements and potential limitations. You may need to provide formal written notice before filing suit, and there may be different prescriptive periods or damage limitations depending on the entity involved. Government immunity (also called sovereign immunity) has been largely waived in Louisiana for tort claims, but there are still procedural hurdles that must be followed precisely. If you were injured due to a government entity’s negligence (a pothole, a broken sidewalk, an unsafe public building), consult an attorney promptly.

Louisiana is one of the few states with a “direct action” statute, which allows an injured person to sue the at-fault party’s insurance company directly, without having to name the individual at-fault party as a defendant (though you can name both). This is a significant advantage for injury victims because it allows your attorney to present evidence of insurance coverage to the jury, which can influence the outcome. In most other states, mentioning insurance at trial is prohibited. Louisiana’s direct action law gives injured people more transparency and more leverage in pursuing fair compensation.

A police report is an important piece of evidence but is not the final word on what happened. The report documents the officer’s observations at the scene, statements from drivers and witnesses, weather and road conditions, and any citations issued. Insurance companies rely heavily on police reports during their initial evaluation of a claim. However, police reports can contain errors, and the officer’s conclusion about fault is not binding on a judge or jury. If the report contains inaccuracies, your attorney can challenge it with other evidence. Always request a copy of the report for your records.

Contra non valentem is a legal doctrine unique to Louisiana’s civil law system. It suspends the running of the prescriptive period when a person is unable to act, either because they do not know about their injury, because the defendant concealed the cause of injury, or because some other extraordinary circumstance prevented them from filing suit. This doctrine most commonly applies in cases of medical malpractice or toxic exposure where the injury is not immediately apparent. Courts apply it narrowly and require strong evidence. If you believe your injury was hidden or you only recently discovered the cause, consult an attorney immediately.

Absolutely. Hurricane insurance claim denials are unfortunately common in Louisiana, especially after major storms when insurance companies are processing thousands of claims simultaneously. A lawyer can review your policy, evaluate the reason for denial, and determine whether the insurance company acted properly or in bad faith. At Arnona Rose, we have extensive experience challenging denied hurricane claims and holding insurance companies accountable. If your claim was denied, undervalued, or unreasonably delayed, you may have legal options that can recover not just the original claim amount but additional penalties. Call 504-556-4444. Internal link target: arnonarose.com/2021/02/02/hurricane-insurance-lawyers/

First, do not accept the offer without getting a second opinion. You have the right to an independent appraisal of your property damage. Document everything: take detailed photos and videos of all damage, save receipts for temporary repairs, and keep records of all communication with your insurance company. Get your own contractor estimates for the cost of repairs. If the insurer’s offer is significantly lower than the actual damage, an attorney can negotiate on your behalf or pursue legal action. Louisiana law imposes penalties on insurers who engage in bad faith, including paying double the amount owed.

The deadline depends on the terms of your specific insurance policy. Most policies require you to report damage promptly, and many have specific time limits for filing a formal claim (often 60 to 90 days). However, the deadline for filing a lawsuit against your insurance company if they deny or underpay your claim is governed by Louisiana law. For property damage, the prescriptive period is generally two years from the date of the damage (for damage occurring after July 1, 2024). Do not wait. The sooner you file, the stronger your position. Contact an attorney if you are unsure about deadlines.

Probably not. After a major hurricane, insurance companies process claims quickly and often make initial offers that are far below the true cost of repairs. They may not account for hidden damage (such as mold growth, structural weakening, or electrical issues) that only becomes apparent later. Before accepting any offer, get independent repair estimates from licensed contractors. Compare those estimates to what the insurance company is offering. If there is a significant gap, you have the right to negotiate. An attorney experienced in hurricane claims can help you get a fair payout.

Gather as much evidence as possible. Take dated photos and videos of all damage to your property, both inside and outside. Save receipts for any emergency repairs you make to prevent further damage (tarps, boarding up windows, water extraction). Keep a written log of all communication with your insurance company, including phone calls, emails, and letters. Obtain independent repair estimates from licensed contractors. Save copies of your insurance policy, declarations page, and any correspondence from your insurer. If you had a pre-storm home inspection or appraisal, that documentation can be valuable in proving the condition of your property before the hurricane.

Stay calm, be cooperative with the police, and exercise your right to remain silent beyond providing basic identification. Do not volunteer information about how much you drank or where you were. You will face both criminal charges and an administrative hearing regarding your driver’s license. Contact a criminal defense attorney as soon as possible. Louisiana DWI penalties are serious and can include license suspension, heavy fines, probation, and even jail time. At Arnona Rose, our criminal defense attorneys can help protect your rights and your driving privileges. Call 504-556-4444. Internal link target: arnonarose.com/criminal-defense-lawyers-new-orleans/

A first-offense DWI in Louisiana carries significant consequences. Penalties can include fines of $300 to $1,000, up to six months in jail (though jail time is often suspended for first offenders), a 90-day to one-year license suspension, completion of a substance abuse program, community service, and installation of an ignition interlock device. A DWI is a criminal conviction that goes on your permanent record and can affect employment, insurance rates, and your future. If you are facing DWI charges, consulting an experienced criminal defense attorney early can make a meaningful difference in the outcome. Internal link target: arnonarose.com/criminal-defense-lawyers-new-orleans/

Yes. Our attorneys have extensive experience in Louisiana family law, including divorce (contested and uncontested), child custody and visitation, child support, spousal support, property division, prenuptial agreements, and modifications of existing court orders. We understand that family law matters are deeply personal and emotionally charged, and we approach every case with sensitivity and discretion. Whether you are pursuing an amicable resolution or need aggressive courtroom representation, we are here to help. Visit our family law page or call 504-556-4444 to schedule a consultation. Internal link target: arnonarose.com/family-law-attorneys-new-orleans/

Yes. Our attorneys handle wills, successions (Louisiana’s term for probate), estate planning, and real estate transactions. Louisiana’s succession laws are unique in the country and are based on the civil law tradition, which means that legal advice from other states often does not apply here. Whether you need to draft a will, navigate a loved one’s succession, or close a real estate transaction, our attorneys understand the specific requirements of Louisiana law. Call 504-556-4444 for a consultation. Internal link target: arnonarose.com/

Yes, it can, and in both directions. If you were injured by a drunk driver, the other driver’s DWI can strengthen your personal injury claim by establishing clear negligence and may open the door to punitive damages. On the other hand, if you were the one charged with DWI at the time of an accident, it can complicate your personal injury claim, though it does not automatically prevent you from recovering compensation under Louisiana’s comparative fault system. Every situation is different. If you are dealing with both a DWI charge and a personal injury claim, talk to an attorney who can advise you on both.