How Personal Injury Claims Work in Louisiana
Personal injury is a field of civil law. When someone else’s negligence causes your injuries, you have the right to pursue financial compensation from the at-fault party. The injured person is the plaintiff. The at-fault party is the defendant.
A personal injury lawsuit seeks to make you financially whole. That means recovering what you lost: medical costs, income, and the non-financial impact the injuries had on your life.
Our Shreveport Office
509 Milam St
Shreveport, LA 71101
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Get directions →What Types of Cases We Handle in Caddo Parish
Morris & Dewett represents clients in Caddo Parish and 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
Cases are filed in the First Judicial District Court for Caddo Parish and in federal court where applicable. Both partners at the firm were born and raised in Northwest Louisiana and have practiced in these courts throughout their careers.
Most personal injury cases in Caddo Parish are filed in state court. Federal court has jurisdiction when the parties are from different states and the amount in dispute exceeds $75,000 (diversity jurisdiction), or when the case involves a federal statute such as the Federal Employers’ Liability Act for railroad workers. Cases arising from accidents in Bossier Parish are filed in the 26th Judicial District Court rather than the First Judicial District. Morris & Dewett handles cases in both the First Judicial District Court and the Western District of Louisiana, depending on the circumstances of the claim.
The Shreveport-Bossier City MSA had a population of 383,269 as of the 2024 U.S. Census Bureau estimate. The MSA unemployment rate was 3.9% as of the most recent BLS data, below the region’s long-term average of 6.5%. Cases on behalf of Caddo Parish residents are heard in the First Judicial District Court.
The parish economy creates a range of personal injury contexts. Barksdale Air Force Base is the largest single employer in the region. Healthcare is among the largest private employment sectors, anchored by Willis-Knighton Health System, CHRISTUS Health, and LSU Health Shreveport. Caddo Parish has the highest historical oil and gas well count in Louisiana at 28,132 wells (Louisiana DNR SONRIS), reflecting decades of energy production. Oil and gas services companies including SLB employ workers in industrial settings across the parish and adjacent parishes. Gaming and hospitality operations along the Red River and in Bossier City contribute significant commercial premises activity. Logistics operations add warehouse and transportation employment.
Each of these industries carries its own injury profile. Louisiana’s fatal work injury rate is 6.0 per 100,000 full-time equivalent workers, above the national average (BLS CFOI, 2017-2021). Industrial and oilfield workers face hazards tied to energy extraction, chemical handling, and heavy equipment. Commercial vehicle operators travel major freight corridors including I-20 and I-49. When a third party’s negligence causes a workplace injury, Louisiana law (La. R.S. 23:1101) preserves the right to pursue a civil claim against the responsible party in addition to any workers compensation benefits received.
Proving Negligence
To recover compensation, you must prove the defendant was negligent. Negligence is the legal concept of failing to act with reasonable care. Four elements must be proven to establish a negligence claim:
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 visitors.
Breach. The defendant failed to meet that duty. Running a red light is a breach. Leaving a wet floor without warning is a breach.
Causation. The breach caused your injuries. The connection between the defendant’s conduct and your harm must be demonstrated.
Damages. You suffered actual harm. Without measurable injury or loss, there is no compensable claim.
Your attorney’s job is to build the evidence that establishes each of these elements.
Negligence Per Se
Some cases involve a concept called negligence per se. This applies when a defendant violated a safety law and that violation caused your injury.
Traffic law violations are the most common example. If a driver ran a red light and struck your vehicle, that violation establishes duty and breach automatically. You do not need to prove those elements separately. The focus shifts to causation and your damages. This can simplify the burden of proof and strengthen your position.
Intentional Torts
Not all injury cases involve accidents. Intentional torts occur when someone deliberately caused harm. Examples include assault, battery, false imprisonment, and intentional infliction of emotional distress. These cases may support punitive damages in addition to compensatory damages.
Louisiana’s Comparative Fault Law
Louisiana follows comparative fault. This is the rule that determines what happens when more than one party contributed to an accident.
For causes of action arising on or after January 1, 2026, Louisiana uses a modified comparative fault system under La. C.C. Art. 2323. If you are found to be 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.
Here is what that means 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.
This is called the 51% bar. The one-percentage-point difference between 50% and 51% is the difference between partial recovery and no recovery at all. Insurance companies now have a direct financial incentive to argue that you were more than half at fault. Documentation, early investigation, and evidence preservation matter more because of this rule.
For injuries before January 1, 2026, pure comparative fault applies. Your damages are reduced by your fault percentage regardless of how high it is.
Louisiana Tort Reform: What Changed and When
Louisiana’s personal injury law changed significantly between 2024 and 2026. Here is what directly affects claims in Caddo Parish.
Filing deadline. For injuries occurring on or after July 1, 2024, you have two years to file a personal injury lawsuit (La. C.C. Art. 3493.1). This replaced the prior one-year deadline that had been in place since 1825. Exception: product liability claims retain a one-year prescriptive period. Injuries before July 1, 2024 are still governed by the one-year deadline. In Louisiana, a prescriptive period is the legal filing deadline. If you file after prescription runs, the claim is usually dismissed even when liability is strong.
No Pay, No Play. Since August 1, 2025, if you were driving without automobile insurance at the time of an accident, you cannot recover the first $100,000 in bodily injury damages and the first $100,000 in property damage, even if the accident was not your fault (La. R.S. 32:866). This applies regardless of fault allocation.
Causation standard. For injuries on or after May 28, 2025, the absence of prior similar symptoms no longer creates a presumption that your injury was caused by the accident (La. Code Evid. Art. 306.1). Medical or expert testimony is now required to prove causation. Prompt medical treatment and documented follow-up care matter more than they did before this change.
Medical expense recovery. For causes of action arising on or after January 1, 2026, recovery for past medical expenses is limited to amounts actually paid by your health insurer or Medicare, plus your out-of-pocket costs such as deductibles and co-pays. The prior rule allowing recovery of a percentage bonus above the paid amount has been eliminated (La. R.S. 9:2800.27).
Seat belt evidence. Since January 1, 2021, failure to wear a seat belt is admissible in civil cases. The defense can use it to argue comparative fault or failure to reduce your own injuries.
All of these changes apply prospectively. The law that governs your specific claim depends on when your injury occurred.
Damages You May Recover
In plain language, negligence means someone failed to use reasonable care and that failure caused your injury. Example: a driver looks at a phone, runs a red light, and crashes into you.
If negligence is established, you may recover two main categories of damages.
Economic damages are measurable financial losses with dollar values shown in 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 does not come with a fixed bill. Example: daily pain, anxiety, or inability to do normal activities.
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of enjoyment of life
- Loss of companionship and support
Punitive damages are a separate category focused on punishment, not compensation. They may apply only in limited cases involving egregious, reckless, or intentional conduct. They are not available in every case. Where applicable, they are designed to punish the defendant and deter similar conduct.
There is no statutory cap on damages in general personal injury cases in Louisiana. Medical malpractice cases are subject to 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.
Past results do not guarantee future outcomes; each case is decided on its own facts. See our full case results.
Uninsured and Underinsured Motorist Coverage
Approximately 12% of Louisiana drivers carry no automobile insurance, according to Insurance Research Council data. That means roughly one in eight drivers on Shreveport roads has no coverage. Uninsured motorist (UM) coverage is insurance on your own policy that pays when the at-fault driver carries no insurance. Underinsured motorist (UIM) coverage activates when the at-fault driver’s insurance is not enough to cover your damages.
Louisiana law requires insurers to offer UM coverage. You can waive it in writing. Many people have waived it without fully understanding what they gave up.
If you were injured by an uninsured driver, review your own policy before concluding there is no recovery. Your own coverage may be your primary source of compensation.
The fastest practical next step is to pull the declarations page for every policy in your household, then confirm in writing whether UM/UIM was accepted or rejected and at what limits. This documentation helps your lawyer identify available coverage before treatment bills and wage-loss pressure force an early low settlement.
Common Injuries
Physical injuries in personal injury 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 all injuries are apparent immediately after an accident. Symptoms of concussion, internal bleeding, and disc injuries can develop over days. Prompt medical evaluation matters regardless of how you feel at the scene.
Psychological injuries are recognized under Louisiana personal injury law. Anxiety, depression, post-traumatic stress disorder, and adjustment disorder can result from serious accidents. These injuries require diagnosis and documentation, typically from a licensed mental health professional, to support a claim.
What to Do After an Accident in Shreveport
1. Get medical attention
- Seek evaluation even if you do not believe you were seriously injured.
- Medical records from the date of the accident are important evidence.
- Attend all follow-up appointments and follow your doctor’s instructions.
Prompt medical attention after an injury matters for two reasons. It protects your health, and it creates dated medical records that establish a connection between the accident and your injuries. Gaps in treatment are one of the first things an insurer will use to challenge a claim. For the most serious injuries — traumatic brain injury, spinal cord injury, severe burns, multiple fractures — the region’s Level I trauma center at Ochsner LSU Health Shreveport is the facility equipped to handle them.
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.
For most personal injury claims, a police report is among the first documents your attorney will request. The report establishes that the accident occurred, identifies the at-fault driver, documents any citations issued, and provides the responding officer’s assessment. The Louisiana State Police handle crashes on state highways and interstates including I-20 and I-49; city and parish roads fall to the Shreveport Police Department and the Caddo Parish Sheriff’s Office.
3. Gather evidence
- Photograph the scene, your injuries, and property damage if you are able.
- Collect witness names and contact information.
4. Consult an attorney before speaking to the other side’s insurance company
- Adjusters may contact you quickly after an accident.
- Their goal is to resolve the claim for as little as possible.
- A recorded statement given before you understand the full extent of your injuries can be used against you.
- An attorney can advise you before that conversation happens.
5. Track deadlines and preserve claim documents
- Save towing invoices, pharmacy receipts, mileage logs, and all insurer letters or emails in one folder.
- Ask your medical providers for complete records and itemized billing, not just visit summaries.
- Early document organization helps your lawyer evaluate damages and avoid preventable deadline mistakes.
Your Shreveport Injury Attorneys
Founding partners Trey Morris and Justin Dewett lead every Shreveport injury case Morris & Dewett takes.
Why Choose Morris & Dewett
Morris & Dewett Injury Lawyers has practiced personal injury law in Shreveport since 2001. The firm handles cases in Caddo Parish, Bossier Parish, and throughout Northwest Louisiana.
The firm is a member of the Multi-Million Dollar Advocates Forum, a national organization recognizing trial attorneys for significant case results. The firm holds national and statewide recognition for motor vehicle and personal injury verdicts across several consecutive years. View our case results to evaluate the track record.
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 upon in writing at the outset. Court costs are advanced by the firm and deducted from the recovery.
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.
- ★★★★★
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.
- ★★★★★
Caity, Coleman, and Brooke worked hard to get our case settled in a timely manner!
I highly recommend Morris & Dewett for any personal injury claims!
- ★★★★★
I am very appreciative for the services they have provided me with, very nice and welcoming staff and they take care of you every possible way.
They are the way to go !
- ★★★★★
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!
- ★★★★★
Thanks Morris and Dewett for the excellent work you have done on my behalf.
I want to personally thank Sarah for her kindness.
Reviews reflect individual client experiences. Past results do not guarantee future outcomes.
How to Request Records in Caddo Parish
The hospitals, police agencies, and courts that serve a Shreveport injury claim are mapped in the sections above, next to the steps where you need them. This is how to actually pull the documents those agencies hold.
Accident reports. The Shreveport Police Department releases reports through the LexisNexis portal or the NextRequest portal for $10; allow 48 hours after the accident and call (318) 673-7085 for the records line. The Louisiana State Police, which works crashes on I-20, I-49, and other state highways, posts reports at crashreports.dps.la.gov for $11.50, typically 10 to 15 business days after the crash. For parish roads outside those jurisdictions, the Caddo Parish Sheriff’s Office records division handles the request. 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 First Judicial District Court — Caddo Parish at 501 Texas Street; civil filings run through (318) 226-6776 or civil@caddoclerk.com. Accidents in Bossier Parish file at the 26th Judicial District Court in Benton, (318) 965-2336.
Driving records. Driving and vehicle-registration records come from the Louisiana OMV ExpressLane portal; the Shreveport OMV office is at 1700 Buckner Street, Suite 240, (318) 676-7900. 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 Louisiana?
- 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 July 1, 2024, the one-year deadline applies under La. C.C. Art. 3492 . Product liability claims retain a one-year prescriptive period regardless of injury date. Some exceptions can extend these deadlines. The discovery rule applies when an injury was not apparent right away. Minority tolls the deadline for claimants under age 18. Legal incapacity is another exception. Claims against government entities have separate notice requirements and shorter deadlines. The safest approach is to consult an attorney promptly rather than assume you have time to wait.
- What if I was partly at fault for the accident?
- For accidents occurring on or after January 1, 2026, the 51% bar applies. If you are 50% or less at fault, you recover 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. Your damages are reduced by your percentage of fault regardless of how high it is. Fault allocation is determined by evidence. Do not assume partial fault ends your claim. Early investigation and documentation establish a more accurate account of what occurred.
- Does it cost anything to hire Morris & Dewett?
- No attorney fee is charged unless the firm recovers compensation for you. This is a contingency fee arrangement. The percentage is agreed upon in writing before representation begins. Court costs and case expenses are advanced by the firm and deducted from the recovery if the case is successful.
- What should I expect from the other driver's insurance company?
- Insurers respond to claims in their own financial interest. Common practices include early contact before you understand the extent of your injuries. Fast settlement offers often arrive before the full picture of your injuries is known. Adjusters may request recorded statements that can later be used to minimize or deny a claim. They may also dispute the severity of your injuries or their connection to the accident. You are not required to give a recorded statement to the other driver's insurer. You are not required to accept any settlement offer. Once you sign a release, the claim is closed permanently.
- What factors affect the value of my case?
- The value of a personal injury claim depends on several factors. These include the severity and permanence of your injuries, total medical costs and anticipated future care, and your ability to return to work. Your age and life expectancy matter. So does the strength of the evidence establishing the defendant's fault, the defendant's insurance coverage, and whether punitive damages apply.
- How long will my case take?
- Cases with clear liability and limited injuries can resolve in months through settlement. Cases involving severe injuries, disputed fault, or corporate defendants take longer. Cases that go to trial take the longest. The process typically includes investigation, a demand to the insurer, negotiation, and, if settlement fails, filing suit, discovery, and trial preparation. Most cases settle before trial.
- What if the driver who hit me had no insurance?
- Your own uninsured motorist (UM) coverage may be your primary source of recovery. Louisiana requires insurers to offer UM coverage, but it can be waived. Check your declarations page. If you were in a commercial vehicle, rideshare, or bus at the time of the accident, the vehicle's insurer may provide additional coverage. An attorney can identify all potentially available sources of recovery.
- 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: crash or incident report number, photos, names of witnesses, your health insurance card, medical records you already have, and all insurer correspondence. If a vehicle is involved, bring your declarations page showing 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 often enough for the lawyer to identify immediate next steps and preservation tasks.
- What is the No Pay, No Play rule?
- Louisiana's No Pay, No Play law ( La. R.S. 32:866 ) applies to drivers who were not carrying automobile insurance at the time of an accident. Since August 1, 2025, an uninsured driver cannot recover the first $100,000 in bodily injury damages and the first $100,000 in property damage, regardless of fault. This applies even if the accident was entirely the other driver's fault. Maintaining automobile insurance protects both your legal obligations and your right to recover if you are injured.
Last updated June 5, 2026

