Chalmette Injury Claims: Where They Are Filed and How They Work
Chalmette is the seat of St. Bernard Parish, a working community on the east bank of the Mississippi River just downriver from New Orleans. It is the parish’s commercial and government center, and if your injury claim does not settle, it is where the case will be tried.
Louisiana is a civil law state, and that distinction shapes how a negligence claim is built. Claims here run on the duty-risk analysis of La. C.C. Art. 2315, not the common law framework used in most other states. You must establish duty, the scope of the risk, breach, causation, and damages, each on the evidence.
Civil injury suits for St. Bernard Parish are filed in the 34th Judicial District Court at the parish courthouse in Chalmette. The 34th Judicial District serves St. Bernard Parish alone. Crashes that occur across the parish line in Orleans Parish are filed in the Civil District Court for the Parish of Orleans in New Orleans instead, so the parish boundary is also a courthouse line.
Serving Chalmette
Served from our Covington office.
661 River Highland Blvd
Covington, LA 70433
Open 24/7 for injured Chalmette residents
Get directions →What Types of Cases We Handle in St. Bernard Parish
Morris & Dewett represents clients in St. Bernard Parish and the surrounding parishes in cases involving:
- Car accidents
- Truck and 18-wheeler accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Bus accidents
- Slip and fall accidents
- Premises liability
- Product liability
- Workplace and industrial accidents
- Oilfield accidents
- Wrongful death
Wrongful death claims for St. Bernard Parish families proceed under La. C.C. Art. 2315.2, which lets surviving spouses, children, and other named relatives recover for their own losses. Defective-product claims run under the Louisiana Products Liability Act, La. R.S. 9:2800.52, which sets the exclusive theories against a manufacturer.
Most St. Bernard Parish injury cases stay in state court at the 34th JDC. Federal court in the Eastern District of Louisiana in New Orleans takes jurisdiction when the parties are citizens of different states and the amount in dispute exceeds $75,000, or when a federal statute controls. Maritime and offshore claims tied to the river and the Gulf can also raise federal questions. Morris & Dewett handles cases in both the 34th Judicial District Court and the Eastern District, depending on the facts of the claim.
The corridors that move St. Bernard Parish traffic also generate its crash volume. St. Bernard Highway (LA 46) is the parish’s main east-west artery, carrying local and commuter traffic through Chalmette, Arabi, and Meraux. Paris Road (LA 47) connects the parish north to Interstate 10 and the high-rise bridge over the Intracoastal Waterway, funneling commercial and commuter traffic between St. Bernard and eastern New Orleans. Judge Perez Drive carries the dense commercial and intersection traffic through the heart of Chalmette. Each corridor presents a different injury profile, from higher-speed collisions on Paris Road to lower-speed intersection crashes along Judge Perez Drive.
The parish economy widens the range of injury contexts. St. Bernard Parish sits in the lower Mississippi River industrial corridor, and the refineries and petrochemical plants along the river, including the Chalmette Refinery, employ workers in heavy industrial settings where burns, falls, crush injuries, and chemical exposures occur. River and marine commerce add dock, barge, and vessel work along the waterfront. When a third party’s negligence causes a workplace injury, La. R.S. 23:1101 preserves the right to pursue a civil claim against that party in addition to workers compensation benefits, and offshore or vessel injuries may instead fall under federal maritime law.
Proving Negligence in Louisiana
To recover, you must prove the defendant was negligent. Louisiana’s duty-risk analysis requires five elements, and each must be established with evidence.
Duty. The defendant owed you a legal duty of care. Drivers owe a duty to others on the road. Property owners owe a duty to lawful visitors.
Scope of the risk. Your injury fell within the range of harm the duty was meant to guard against.
Breach. The defendant failed to meet the duty. Running a red light on Judge Perez Drive is a breach. Leaving a wet floor unmarked in a St. Bernard Highway store is a breach.
Causation. The breach caused your injury. The connection between the conduct and the harm must be shown.
Damages. You suffered actual harm. Without measurable injury or loss, there is no compensable claim.
Negligence Per Se
When a defendant violated a safety statute and that violation caused your injury, the violation can establish duty and breach without separate proof. Traffic violations are the common example: a driver who ran a signal and struck you supplies the duty and breach, and the focus shifts to causation and damages.
Government and Premises Claims
Some St. Bernard Parish injuries involve a government defendant rather than a private one. If St. Bernard Parish government, a municipality, or LaDOTD contributed to your injury through a road defect, a dangerous condition, or a government vehicle, the same general prescriptive period applies; there is no pre-suit notice-of-claim requirement for these tort claims. Louisiana adds a procedural step after suit is filed: under La. R.S. 13:5107, service of citation on the state or political-subdivision defendant must be requested within 90 days of filing, or the suit may be dismissed without prejudice as to that defendant.
Louisiana’s Comparative Fault Law and the 51% Bar
Louisiana follows comparative fault, the rule that divides responsibility when more than one party contributed to an accident.
For causes of action arising on or after January 1, 2026, the state applies a modified comparative fault system under La. C.C. Art. 2323, enacted by Act 15 of the 2025 Regular Session (HB 431). If you are 51% or more at fault, you recover nothing. If you are 50% or less at fault, your damages are reduced by your percentage of fault.
In practice: say you were 20% at fault and your total damages are $100,000. You recover $80,000. At 51% fault, you recover zero.
That one-percentage-point line between 50% and 51% separates partial recovery from no recovery. Insurance carriers now have a direct financial incentive to argue you were more than half at fault, because pushing your share past 50% does not just shrink the payout, it eliminates it. Documentation, early investigation, and evidence preservation carry more weight in a St. Bernard Parish case because of this rule.
For injuries before January 1, 2026, pure comparative fault applies, and your damages are reduced by your fault percentage no matter how high it is.
Past results do not guarantee future outcomes; each case is decided on its own facts. See our full case results.
Louisiana Tort Reform: What Changed and When
Louisiana’s personal injury law changed substantially between 2024 and 2026. Here is what directly affects St. Bernard Parish claims.
Filing deadline. For injuries on or after July 1, 2024, you have two years to file suit (La. C.C. Art. 3493.1), enacted by Act 423 of the 2024 session. This replaced the one-year deadline in place since 1825. Product liability claims keep the one-year prescriptive period. Injuries before July 1, 2024 remain governed by the one-year rule. A prescriptive period is the legal filing deadline, and a St. Bernard Parish suit filed after it runs is usually dismissed even when liability is strong.
No Pay, No Play. Since August 1, 2025, a driver who carried no automobile insurance at the time of a crash cannot recover the first $100,000 in bodily injury damages or the first $100,000 in property damage, even if the crash was not their fault (La. R.S. 32:866).
Causation standard. For injuries on or after May 28, 2025, the absence of prior similar symptoms no longer creates a presumption that the accident caused the injury (La. Code Evid. Art. 306.1). Medical or expert testimony is now required on causation, so prompt and documented treatment matters more than before.
Medical expense recovery. For causes of action on or after January 1, 2026, recovery of past medical expenses is limited to amounts actually paid by your health insurer or Medicare plus your out-of-pocket costs (La. R.S. 9:2800.27).
Seat belt evidence. Since January 1, 2021, failure to wear a seat belt is admissible in civil cases and can support a comparative fault argument.
These changes apply prospectively. The law that governs your claim depends on when your injury occurred.
Damages You May Recover
If negligence is established, two main categories of damages are available.
Economic damages are measurable financial losses backed by bills, pay records, and repair estimates.
- Past and future medical costs
- Rehabilitation costs
- Lost wages and income
- Lost earning capacity
- Property damage
Non-economic damages compensate for human harm that carries no fixed bill.
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium and companionship
Punitive damages are a separate category aimed at punishment, not compensation. In Louisiana they apply only in narrow circumstances, such as DWI crashes and certain other statutory cases, and are not available in ordinary negligence claims.
There is no statutory cap on damages in general personal injury cases in Louisiana. Medical malpractice cases carry a separate $500,000 cap under La. R.S. 40:1231.2, which does not apply to car accidents, truck accidents, premises liability, or other general tort claims.
Uninsured and Underinsured Motorist Coverage
Approximately 12% of Louisiana drivers carry no automobile insurance, according to Insurance Research Council data, roughly one in eight on St. Bernard Parish roads. Uninsured motorist (UM) coverage is the part of your own policy that pays when the at-fault driver has none. Underinsured motorist (UIM) coverage activates when the at-fault driver’s insurance is not enough to cover your damages.
Louisiana requires insurers to offer UM coverage, and you can reject it in writing. Many drivers have rejected it without understanding what they gave up.
If an uninsured driver injured you, review your own policy before concluding there is no recovery. The fastest practical step is to pull the declarations page for every policy in your household, then confirm in writing whether UM/UIM was accepted and at what limits. That documentation helps your lawyer find available coverage before bills and lost wages push you toward an early low settlement.
Common Injuries
Physical injuries in these cases range from soft tissue damage to catastrophic harm. Common injuries include:
- Traumatic brain injury
- Spinal cord injury
- Neck and back injuries, including herniated discs
- Broken bones
- Amputation
- Severe burns
- Internal injuries
- Scarring and disfigurement
Not every injury shows at the scene. Concussion, internal bleeding, and disc injuries can develop over days, so prompt medical evaluation matters regardless of how you feel immediately after a crash. The refinery and industrial work along the river also produces burns and chemical-exposure injuries whose full extent is not always apparent at first.
Psychological injuries are recognized under Louisiana law. Anxiety, depression, post-traumatic stress disorder, and adjustment disorder can follow a serious accident and require diagnosis and documentation from a licensed mental health professional to support a claim.
Your Chalmette Injury Attorneys
Founding partners Trey Morris and Justin Dewett lead every Chalmette injury case Morris & Dewett takes.
What to Do After an Accident in Chalmette
1. Get medical attention
- Seek evaluation even if you do not believe you were seriously hurt.
- Records from the date of the accident are important evidence.
- Attend all follow-up appointments and follow your doctor’s instructions.
Prompt treatment protects your health and creates dated records that tie the accident to your injuries. Gaps in treatment are among the first things an insurer uses to challenge a claim. St. Bernard Parish Hospital on West Judge Perez Drive provides emergency care within the parish. For the most serious injuries, the nearest Level I trauma center is University Medical Center New Orleans, the facility equipped to handle traumatic brain injury, spinal cord injury, severe burns, and multiple fractures.
2. Report the incident
- In a car accident, call the police.
- In a workplace injury, notify your supervisor in writing.
- A formal report documents that the accident occurred.
A police report is among the first documents your attorney will request. It establishes that the accident happened, identifies the at-fault driver, records any citations, and captures the responding officer’s assessment. The St. Bernard Parish Sheriff’s Office is the primary law enforcement agency for the parish and works crashes on St. Bernard Highway, Paris Road, Judge Perez Drive, and the parish road network; the Louisiana State Police work crashes on the state highways and the interstate connections.
3. Gather evidence
- Photograph the scene, your injuries, and the property damage if you are able.
- Collect witness names and contact information.
4. Consult an attorney before speaking to the other side’s insurer
- Adjusters may contact you quickly after a crash.
- Their goal is to resolve the claim for as little as possible.
- A recorded statement given before you understand your injuries can be used against you.
- An attorney can advise you before that conversation happens.
5. Track deadlines and preserve documents
- Save towing invoices, pharmacy receipts, mileage logs, and every insurer letter or email in one place.
- Ask your providers for complete records and itemized billing, not just visit summaries.
- Early organization helps your lawyer value damages and avoid preventable deadline mistakes.
Why the 34th Judicial District Matters for Your Case
St. Bernard Parish civil injury cases that go to trial are heard in the 34th Judicial District Court at the parish courthouse in Chalmette. A civil jury seats 12 people, and 9 of the 12 must agree to return a verdict.
The St. Bernard Parish jury pool is drawn from the parish population, a different community than the Orleans Parish pool across the line in New Orleans or the Plaquemines Parish pool downriver. The demographics, community context, and local knowledge jurors bring differ across parishes, and an attorney who understands the St. Bernard Parish pool has a practical advantage in deciding how to frame a case. The 34th JDC also carries its own local rules, case management procedures, and judicial assignments, which come from working in that courthouse rather than from a statute book.
Why Choose Morris & Dewett
Morris & Dewett Injury Lawyers handles personal injury cases in St. Bernard Parish, the Greater New Orleans area, and throughout Louisiana. The firm brings courtroom experience to car-accident, industrial-injury, premises-liability, and wrongful-death matters across the state.
The firm is a member of the Multi-Million Dollar Advocates Forum, a national organization that recognizes trial attorneys for significant case results. View our case results to weigh the track record for yourself.
Morris & Dewett represents personal injury clients on a contingency fee basis. There is no attorney fee unless the firm recovers compensation for you. The fee percentage is agreed in writing at the outset, and court costs are advanced by the firm and deducted from the recovery. The initial consultation is free. If you want to talk through your case, contact us.
What clients say
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I hired Morris and Dewett back in November of 2025.
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Reviews reflect individual client experiences. Past results do not guarantee future outcomes.
How to Request Records in St. Bernard Parish
The hospitals, police agencies, and courts that serve a St. Bernard Parish injury claim are mapped in the sections above, beside the steps where you need them. This is how to pull the documents those agencies hold.
Accident reports. The St. Bernard Parish Sheriff’s Office records division releases crash reports for incidents its deputies worked on St. Bernard Highway, Paris Road, Judge Perez Drive, and the parish roads; allow several business days after the crash. The Louisiana State Police, which work crashes on the state highways and interstate connections, post reports at crashreports.dps.la.gov, typically 10 to 15 business days after the crash. If you are unsure which agency responded, your attorney can obtain the report once you provide the date, location, and names of the parties.
Court filings. Civil suits are filed with the 34th Judicial District Court for St. Bernard Parish at the parish courthouse in Chalmette; civil filings run through the St. Bernard Parish Clerk of Court. Crashes in Orleans Parish file instead with the Civil District Court for the Parish of Orleans in New Orleans.
Driving records. Driving and vehicle-registration records come from the Louisiana OMV ExpressLane portal. A defendant’s prior violation history can be relevant evidence in some cases.
Frequently Asked Questions
- How long do I have to file a personal injury lawsuit in Chalmette?
- For injuries occurring on or after July 1, 2024, you have two years from the date of injury to file under La. C.C. Art. 3493.1. For injuries before that date, the prior one-year deadline applies under La. C.C. Art. 3492. Product liability claims keep a one-year prescriptive period regardless of the injury date. Some exceptions extend these deadlines. The discovery rule applies when an injury was not apparent at first. The deadline is tolled for claimants under age 18. Claims against St. Bernard Parish government, a municipality, or a state agency run on the same general prescriptive period, with no pre-suit notice required; after suit is filed, service on the government defendant must be requested within 90 days of filing under La. R.S. 13:5107. Because a St. Bernard Parish suit that misses prescription is usually dismissed even when liability is clear, the safer course is to consult counsel promptly rather than assume time remains.
- What if I was partly at fault for the accident?
- For accidents occurring on or after January 1, 2026, Louisiana applies a 51% bar under La. C.C. Art. 2323. If you are 50% or less at fault, you recover your damages reduced by your fault percentage. If you are 51% or more at fault, you recover nothing. For accidents before January 1, 2026, pure comparative fault applies and your damages are reduced by your percentage no matter how high it runs. Fault is allocated on the evidence, so partial fault does not automatically end your claim. Early investigation and documentation produce a more accurate account of what happened.
- What happens if the driver who hit me had no insurance or too little?
- Your own uninsured/underinsured motorist (UM/UIM) coverage may be your primary source of recovery. Louisiana requires insurers to offer UM coverage, but a driver can reject it in writing, and many people have without realizing it. Pull the declarations page for every policy in your household and confirm whether UM/UIM was accepted and at what limits. If you were in a commercial vehicle, rideshare, or bus, that vehicle's insurer may add coverage. Counsel can identify every available source before treatment bills force an early settlement.
- What is the No Pay, No Play rule in Louisiana?
- Louisiana's No Pay, No Play law (La. R.S. 32:866) applies to drivers who carried no automobile insurance at the time of a crash. Since August 1, 2025, an uninsured driver cannot recover the first $100,000 in bodily injury damages or the first $100,000 in property damage, even when the other driver was entirely at fault. Maintaining coverage protects both your legal obligations and your right to recover if you are hurt.
- My case involves St. Bernard Parish government or a state road. What changes?
- Government claims follow the same general prescriptive period as other tort claims, and Louisiana does not require a pre-suit notice of claim before you sue St. Bernard Parish, a municipality, or a state agency such as LaDOTD. The procedural difference comes after filing. Under La. R.S. 13:5107, service of citation on a state or political-subdivision defendant must be requested within 90 days of the date suit is filed, or the suit may be dismissed without prejudice as to that defendant. If a road defect, a dangerous condition, or a government vehicle contributed to your injury on a St. Bernard Parish road or a state highway, an attorney can identify the correct defendant and meet the post-filing service requirement.
- Where will my Chalmette injury case be filed and tried?
- Civil injury suits for St. Bernard Parish are filed in the 34th Judicial District Court at the parish courthouse in Chalmette. If the case does not settle, a 12-person St. Bernard Parish jury decides it, and 9 of the 12 jurors must agree to reach a verdict in a civil case. The St. Bernard Parish jury pool is drawn from the parish population, which is its own community distinct from the neighboring Orleans Parish or Plaquemines Parish pools. Some cases instead proceed in the U.S. District Court for the Eastern District of Louisiana in New Orleans when federal jurisdiction applies.
- Does it cost anything to hire Morris & Dewett?
- There is no attorney fee unless the firm recovers compensation for you. The fee is a contingency percentage agreed in writing before representation begins. Court costs and case expenses are advanced by the firm and deducted from the recovery if the case succeeds. The initial consultation is free.
- What should I bring to my first meeting with a personal injury lawyer?
- Bring the core documents that let counsel evaluate liability, damages, and deadlines quickly: the crash or incident report number, photos, witness names, your health insurance card, any medical records you already have, and all insurer correspondence. If a vehicle is involved, bring the declarations page showing your UM/UIM elections and policy limits. You do not need every record before the first meeting. A complete timeline with dates of treatment, missed work, and insurer contact is usually enough for the lawyer to identify immediate next steps and preservation tasks.
Last updated June 18, 2026

