New Orleans Injury Lawyers

New Orleans injury lawyers at Morris & Dewett. How Louisiana tort law, the 51% fault bar, and the Orleans Parish Civil District Court affect your claim.

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New Orleans Injury Claims: Where They Are Filed and How They Work

New Orleans sits at the mouth of the Mississippi River in Orleans Parish, a port city and the state’s largest tourism and convention economy. If your injury claim does not settle, Orleans Parish 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.

New Orleans is the one place in Louisiana where the courthouse works differently. Civil injury suits for Orleans Parish are filed in the Orleans Parish Civil District Court at 421 Loyola Avenue, not in a numbered Judicial District Court. Every other parish channels civil and criminal matters through a single numbered JDC, but Orleans Parish splits them: civil cases go to the Civil District Court (CDC), and criminal cases go to a separate Criminal District Court. If you have read about a “1st JDC” or “26th JDC” elsewhere in Louisiana, that structure does not apply here. An injury suit in New Orleans is a CDC case.

Serving New Orleans

Served from our Covington office.

661 River Highland Blvd
Covington, LA 70433

985-328-2332

Open 24/7 for injured New Orleans residents

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What Types of Cases We Handle in New Orleans

Morris & Dewett represents clients in New Orleans and the surrounding parishes in cases involving:

Wrongful death claims for New Orleans 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 New Orleans injury cases stay in state court at the Civil District Court. 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, including maritime claims that arise on the river and the surrounding waters. Morris & Dewett handles cases in both the Civil District Court and the Eastern District, depending on the facts of the claim.

The corridors that move New Orleans traffic also generate its crash volume. I-10 runs east to west through the city, carrying freight and commuter traffic across the High Rise and through the Central Business District. I-610 cuts a shortcut across the city between the two ends of the I-10 curve. The Pontchartrain Expressway funnels traffic onto the Crescent City Connection over the Mississippi River to the West Bank, one of the busiest river crossings in the state. Surface streets in the French Quarter, the CBD, and along the St. Charles streetcar line mix pedestrians, cyclists, rideshare vehicles, and streetcars in dense, slow-speed conflict. Each setting presents a different injury profile, from high-speed interstate collisions on the I-10 to low-speed pedestrian and streetcar incidents in the Quarter.

The city economy widens the range of injury contexts. Tourism and hospitality anchor New Orleans employment, drawing millions of visitors a year to the French Quarter, the convention corridor, and festival grounds, which puts large numbers of out-of-town pedestrians and rideshare passengers on city streets. The Port of New Orleans and the river drive maritime, logistics, and warehouse work, and a workplace injury on or near the water can raise federal maritime questions alongside state tort claims. Healthcare is among the largest sectors, led by Ochsner Health and the LCMC Health system. 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.

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 Canal Street is a breach. Leaving a wet floor unmarked in a French Quarter hotel lobby 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 New Orleans injuries involve a government defendant rather than a private one. If the City of New Orleans, the Regional Transit Authority, or LaDOTD contributed to your injury through a road defect, a dangerous condition, a streetcar, or a government vehicle, the same general two-year prescriptive period applies, and there is no pre-suit notice of claim. The 90-day rule here is procedural: under La. R.S. 13:5107(D), once suit is filed, service of citation on the state or political subdivision must be requested within 90 days of commencing the action, 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 New Orleans 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.

Representative Results

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 New Orleans 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 New Orleans 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 New Orleans 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:

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.

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 New Orleans Injury Attorneys

Founding partners Trey Morris and Justin Dewett lead every New Orleans injury case Morris & Dewett takes.

What to Do After an Accident in New Orleans

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. For the most serious injuries, the region’s Level I trauma center at University Medical Center New Orleans on Canal Street is 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 New Orleans Police Department works crashes on city streets, including Canal Street, St. Charles Avenue, and the CBD; the Louisiana State Police work crashes on the interstates and elevated expressways through the city, including I-10, I-610, and the Pontchartrain Expressway; and the Orleans Parish Sheriff’s Office handles parish-level law enforcement functions.

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 Civil District Court Matters for Your Case

New Orleans civil injury cases that go to trial are heard in the Orleans Parish Civil District Court at 421 Loyola Avenue. This is the structural feature that sets New Orleans apart from the rest of Louisiana: civil matters here go to a dedicated Civil District Court rather than a numbered Judicial District Court that handles both civil and criminal dockets. A civil jury seats 12 people, and 9 of the 12 must agree to return a verdict.

The Orleans Parish jury pool is drawn from the parish population, a different community than the Jefferson Parish pool across the line or the St. Tammany Parish pool across the lake. The demographics, community context, and local knowledge jurors bring differ across parishes, and an attorney who understands the Orleans Parish pool has a practical advantage in deciding how to frame a case. The Civil District Court 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 New Orleans, the surrounding parishes, and throughout Louisiana. The firm tries cases in Louisiana’s civil law system and knows how the venue rules, the local court structure, and the 2024 to 2026 statutory changes shape an Orleans Parish claim.

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

  • ★★★★★

    I hired Morris and Dewett back in November of 2025.

    They helped me get through my hard times of being off work, stress, and worry. Anytime I had a question I could call and they always had an answer. Very nice and professtional people. Thank you Morris and Dewett for making this an easy process for me and my family.

    jonathan ChandlerShreveport Office · Jun. 27, 2026
  • ★★★★★

    Morris and Dewett and their team of attorneys and staff go above and beyond.

    They always were there to support me and answer all my questions after a shoulder injury that included multiple surgeries. They are caring and compassionate and that goes a long way! Highly recommended!

    Carolyn LawsonMinden Office · Jun. 26, 2026
  • ★★★★★

    Thanks Morris and Dewett for the excellent work you have done on my behalf.

    I want to personally thank Sarah for her kindness.

    Lydell ScottCovington Office · Jun. 18, 2026
  • ★★★★★

    Morris & Dewett does things the right way!

    They put their clients first in measurable and impactful ways.

    Brooke BirkeyRuston Office · Jun. 11, 2026
  • ★★★★★

    First time being injured and needing a lawyer they where very helpful.

    They answered my questions Id have very well. Highly recommend them.

    Sarah StarlingLake Charles Office · Jun. 5, 2026
  • ★★★★★

    Wonderful experience with Morris and DeWitt, everyone was articulate and punctual, and open to all my questions about the process.

    My case couldn't have been handled by a better team! Caity Nerren, Jessica Christian, and Meghan Nolen were all fantastic and helped every step of the way. Thanks again for all of your hard work.

    Taylor ThorneShreveport Office · Jun. 20, 2026

Reviews reflect individual client experiences. Past results do not guarantee future outcomes.

How to Request Records in New Orleans

The hospitals, police agencies, and courts that serve a New Orleans 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 New Orleans Police Department releases crash reports through the LexisNexis portal; allow several days after the crash. The Louisiana State Police, which work crashes on I-10, I-610, the Pontchartrain Expressway, and other state routes through the city, 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 Orleans Parish Civil District Court at 421 Loyola Avenue; civil filings and records run through the Clerk of the Civil District Court, not a parish clerk’s office that doubles for criminal filings as in other parishes. Federal claims file with the U.S. District Court for the Eastern District of Louisiana.

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 New Orleans?
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 the City of New Orleans, the Regional Transit Authority, or a state agency are subject to the same general two-year prescription, with no pre-suit notice of claim required; once the suit is filed, service of citation on the government defendant must be requested within 90 days of filing under La. R.S. 13:5107(D). Because an Orleans 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 on the road.
Where will my New Orleans injury case be filed and tried?
Civil injury suits for New Orleans are filed in the Orleans Parish Civil District Court at 421 Loyola Avenue, not in a numbered Judicial District Court. Orleans is the only parish in Louisiana with a stand-alone Civil District Court (CDC) for civil matters, so the venue here differs from the rest of the state, where a numbered JDC hears both civil and criminal cases. If the case does not settle, an Orleans Parish jury decides it, and 9 of the 12 jurors must agree to reach a verdict in a civil case. Some cases instead proceed in the U.S. District Court for the Eastern District of Louisiana when federal jurisdiction applies.
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 a rideshare passenger, a streetcar or bus rider, or in a commercial vehicle, that operator'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 the City of New Orleans or a state road. What changes?
Government claims follow the same general two-year prescription as other delicts, and there is no pre-suit notice of claim you must file before suing the City of New Orleans, the Regional Transit Authority, or a state agency such as LaDOTD. The 90-day rule that applies is procedural and comes after filing. Under La. R.S. 13:5107(D), service of citation on the state or political subdivision must be requested within 90 days of commencing the action, or the suit may be dismissed without prejudice as to that defendant. If a road defect, a dangerous condition, a streetcar, or a government vehicle contributed to your injury on a New Orleans street or a state highway, contact an attorney so suit is filed and citation is properly requested within that window.
I was hurt as a tourist or rideshare passenger in New Orleans. Can I still bring a claim?
Yes. Louisiana law governs the injury based on where the crash happened, not where you live. A visitor injured in Orleans Parish has the same right to pursue a claim as a resident, and the case is still filed in the Orleans Parish Civil District Court or, where federal jurisdiction applies, the Eastern District of Louisiana. Rideshare crashes often involve layered coverage from the driver's personal policy and the platform's commercial policy, which an attorney can sort out. Out-of-state claimants do not need to return to Louisiana for every step; counsel handles filings, communication, and most appearances.
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