1. Herman, Katz, Gisleson & Cain
Focus Area: Complex personal injury litigation, mass torts, maritime accidents
Practice Areas: Personal injury, product liability, offshore accidents, wrongful death, medical malpractice, sexual abuse claims, environmental litigation
Background: Established Louisiana personal injury practice with attorneys who have achieved billions of dollars in settlements and verdicts. The firm has handled landmark cases including litigation related to the BP oil spill. Attorneys hold memberships in the American Association of Justice, Louisiana Association of Justice, and Federal Bar Association. Multiple attorneys have served in leadership positions within these organizations.
Location: 820 O’Keefe Avenue, New Orleans, LA 70113
Contact: (504) 581-4892 | https://hkgclaw.com
Consultation: Free initial consultation offered. Cases handled on a contingency fee basis.
2. Scott Vicknair Law Firm
Focus Area: Maritime injuries, truck accidents, catastrophic personal injury
Practice Areas: Car accidents, 18-wheeler accidents, maritime and Jones Act claims, offshore injuries, aviation accidents, premises liability, wrongful death
Background: New Orleans-based firm with attorneys licensed in Louisiana and Texas. The firm focuses on Gulf Coast maritime injury cases and has extensive experience with Jones Act, Longshore Act, and general maritime law claims. Lead attorney David Vicknair has authored resources for Louisiana accident victims.
Location: 927 S. Carrollton Avenue, New Orleans, LA 70118
Contact: (504) 500-1111 | https://www.scottvicknair.com
Consultation: Free case evaluation. Contingency fee representation with no upfront costs.
3. The Womac Law Firm
Focus Area: Auto accidents, trucking collisions, personal injury
Practice Areas: Car accidents, 18-wheeler accidents, motorcycle accidents, pedestrian accidents, premises liability, wrongful death
Background: Multi-generational New Orleans personal injury firm with over 36 years of legal experience. Founded by Ed Womac, the firm has recovered millions of dollars for clients throughout Louisiana. The legal team handles cases involving serious injuries including back and neck surgeries resulting from commercial vehicle accidents.
Location: 365 Canal Street, Suite 2550, New Orleans, LA 70130
Contact: (504) 470-3935 | https://www.edwardwomac.com
Consultation: Free confidential consultation. No recovery, no fee arrangement.
4. The Chopin Law Firm LLC
Focus Area: Personal injury, medical malpractice, trucking accidents
Practice Areas: Personal injury, medical malpractice, wrongful death, trucking accidents, property damage, workers’ compensation, business litigation
Background: Father-son attorney team with over 100 years of combined experience handling cases throughout Louisiana, Texas, and Mississippi. The firm is rated AV Preeminent by Martindale-Hubbell. Notable results include a $12.55 million medical malpractice verdict and multiple seven-figure settlements in trucking accident cases.
Location: 3500 North Hullen Street, Metairie, LA 70002
Contact: (504) 475-2429 | https://www.chopinlawfirm.com
Consultation: Free initial consultation. Contingency fee structure.
5. Gertler Law Firm
Focus Area: Medical malpractice, asbestos litigation, catastrophic injury
Practice Areas: Personal injury, medical malpractice, asbestos and mesothelioma claims, product liability, nursing home abuse, mass torts, insurance claims
Background: Operating since 1975, the firm is led by Mike, Louis, and Josh Gertler. The Gertler Law Firm has handled some of Louisiana’s earliest asbestos claims and achieved a $591 million judgment against the tobacco industry. Attorneys have been named to Louisiana Super Lawyers and recognized by U.S. News & World Report and Best Lawyers. The firm serves clients across Jefferson Parish, St. Bernard Parish, and Plaquemines Parish.
Location: 4116 Magazine Street, New Orleans, LA 70115
Contact: (504) 581-6411 | https://www.neworleanspersonalinjury.com
Consultation: Free consultation. Cases accepted on contingency.
Personal Injury Laws in Louisiana
Statute of Limitations
Louisiana has a prescriptive period (statute of limitations) for personal injury claims. For accidents occurring on or after July 1, 2024, the prescriptive period is two years from the date of injury under Louisiana Civil Code Article 3493.11. For accidents that occurred before July 1, 2024, the previous one-year prescriptive period applies. Wrongful death claims generally have a one-year deadline from the date of death. Medical malpractice claims must be filed within one year from the date of the malpractice or discovery, with a three-year absolute maximum.
Comparative Negligence
Louisiana follows a pure comparative fault system. Under Louisiana Civil Code Article 2323, an injured person can recover damages even if they were partially at fault, but their recovery will be reduced by their percentage of fault. However, effective August 1, 2025, Louisiana has adopted a modified comparative negligence rule where plaintiffs who are 51% or more at fault cannot recover damages.
Damage Caps
Louisiana does not impose caps on economic or non-economic damages in most personal injury cases. However, claims against the State of Louisiana or local governments are capped at $500,000 for personal injury or wrongful death, though future medical expenses beyond the cap may be paid. Medical malpractice claims against qualified healthcare providers are subject to the Louisiana Medical Malpractice Act, which caps total damages (exclusive of future medical expenses) at $500,000.
Auto Insurance Requirements
Louisiana is an at-fault state for auto insurance. Drivers must carry minimum liability coverage of:
- $15,000 bodily injury per person
- $30,000 bodily injury per accident
- $25,000 property damage per accident
Louisiana has a “No Pay, No Play” law that prohibits uninsured drivers from recovering the first $15,000 in bodily injury damages and the first $25,000 in property damage, even if another driver is at fault. Effective August 1, 2025, uninsured drivers cannot recover the first $100,000 for personal injury and property damage claims combined.
Frequently Asked Questions
What makes Louisiana’s prescriptive period unique compared to other states?
Louisiana uses the civil law term “prescriptive period” rather than “statute of limitations.” Until July 2024, Louisiana had one of the shortest filing deadlines in the country at just one year. The recent extension to two years for incidents after July 1, 2024 brings Louisiana more in line with other states, but it remains critical to act promptly since medical malpractice and wrongful death claims may still follow the one-year rule.
How does the “No Pay, No Play” law affect uninsured drivers in New Orleans accidents?
Under Louisiana’s No Pay, No Play statute, if you are driving without insurance and get into an accident that is not your fault, you cannot recover the first $15,000 in bodily injury damages or the first $25,000 in property damage. This law applies regardless of how clearly the other driver was at fault. Exceptions exist if the at-fault driver was intoxicated, fled the scene, or was committing a felony.
What should I know about maritime injury claims in New Orleans?
New Orleans has significant maritime and offshore industries, making Jones Act and Longshore and Harbor Workers’ Compensation Act claims common. Seamen injured on vessels may have rights under the Jones Act to sue their employers for negligence. Longshoremen and harbor workers have different protections under the Longshore Act. These claims have specific jurisdictional and procedural requirements that differ from standard personal injury cases.
How does Louisiana handle car accident claims involving multiple at-fault parties?
Under Louisiana’s comparative fault system, each party’s liability is determined based on their percentage of fault. If multiple defendants are responsible, each pays only their proportionate share of damages (several liability) under Louisiana Civil Code Article 2324. This means if one defendant is insolvent, the injured party may not be able to recover that defendant’s share from other defendants.
What damages can I recover in a Louisiana personal injury case?
Louisiana allows recovery for both economic damages (medical expenses, lost wages, property damage, future medical costs, loss of earning capacity) and non-economic damages (physical pain and suffering, mental anguish, loss of enjoyment of life, disfigurement). In wrongful death cases, surviving family members may recover for loss of love and affection, loss of support, and funeral expenses. Louisiana does not cap these damages in most cases outside of medical malpractice and government liability claims.