Answers to the questions Louisiana injury victims ask most — from the attorneys at Branch Law.
30 questions across 8 practice areas • $200M+ recovered • Free consultation
Nothing upfront and nothing out of pocket. Branch Law works exclusively on a contingency fee basis, which means our fee is a percentage of the compensation we recover for you. If we do not win your case, you owe us nothing. Your initial consultation is always free, and we advance all case costs during litigation. This structure ensures that quality legal representation is accessible regardless of your financial situation.
Look for a firm that focuses exclusively on personal injury rather than general practice, has a track record of meaningful results in cases similar to yours, and knows the specific court where your case will be filed. Louisiana has multiple judicial districts with different rules and jury tendencies — a firm that regularly practices in the 24th JDC in Jefferson Parish brings different experience than one that only handles cases in Orleans Parish. Branch Law handles cases across five parishes and understands the differences that matter.
Many high-volume firms in the New Orleans market sign hundreds of cases and delegate your file to junior associates or case managers you never meet. Branch Law is led by Brian Branch and Gary Langlois Jr., who personally handle your case from intake through resolution. Gary's background as a former defense attorney gives our team insider knowledge of insurance company tactics. We limit our caseload so every client receives direct attorney attention — not a call center.
Yes. You have the right to change lawyers at any time during your case. Louisiana law protects your ability to choose your own attorney. If you feel your current firm is not communicating, not progressing your case, or not prioritizing your interests, contact Branch Law for a confidential evaluation. We will review where your case stands and explain the transition process, which is typically straightforward.
Call 911 and report the accident to the appropriate agency — NOPD for New Orleans, Jefferson Parish Sheriff for Metairie, Kenner, and Gretna, or Louisiana State Police for interstate crashes. Move to safety if possible but do not leave the scene. Seek medical attention even if you feel fine — concussions, herniated discs, and soft tissue injuries often do not show symptoms for days. Document everything with photos: vehicle damage, the intersection, traffic signals, road conditions, and your injuries. Exchange insurance information with the other driver but do not give a recorded statement to any insurance company. Call Branch Law at 504-608-7777 before speaking with any adjuster.
For accidents occurring on or after July 1, 2024, you have two years from the date of the accident to file a personal injury lawsuit. This was extended from Louisiana's previous one-year prescriptive period under Civil Code Articles 3493.11 and 3493.12 enacted by Act 423 (HB 315) in 2024. Missing this deadline permanently bars your claim regardless of how strong your case is. Contact Branch Law as soon as possible — evidence disappears quickly, and building the strongest case requires early investigation.
Louisiana follows a modified comparative fault system under Civil Code Article 2323, effective for accidents on or after January 1, 2026. If you are 50 percent or less at fault, you can still recover damages, but your compensation is reduced by your percentage of responsibility. If you are 51 percent or more at fault, you recover nothing. This makes establishing the other driver's negligence critical from the start. Branch Law works with accident reconstructionists and investigators to build the evidence that protects your claim.
Yes, and this happens frequently. Adrenaline from the crash masks pain in the hours immediately after a collision. Concussions, traumatic brain injuries, herniated discs, torn ligaments, and internal bleeding can take days or even weeks to produce noticeable symptoms. This is why seeking medical evaluation immediately after any accident is critical — it creates a documented connection between the crash and your injuries that insurance companies cannot dispute later.
Every case is unique, and the value depends on injury severity, medical treatment required, lost wages, impact on your daily life, and available insurance coverage. Branch Law has secured car accident settlements of $1,200,000, $1,195,000, $950,000, and $800,000, among many others. Factors that increase case value include permanent injuries, significant lost earning capacity, clear liability, and adequate insurance coverage. We evaluate your case for free and give you an honest assessment of what it may be worth.
Louisiana Revised Statute 32:866 limits uninsured drivers' ability to recover certain damages in a car accident claim. Specifically, if you did not carry liability insurance at the time of the crash, you cannot recover the first $15,000 of bodily injury damages and the first $25,000 of property damage — even if the other driver was entirely at fault. However, you may still have a claim for damages exceeding those thresholds. If you were uninsured at the time of your accident, contact Branch Law to discuss your options.
Truck accident cases involve layers of complexity that car accidents do not. Commercial trucks are governed by Federal Motor Carrier Safety Administration regulations covering hours-of-service limits, Electronic Logging Devices, vehicle inspection requirements, and cargo securement standards. Multiple parties may be liable — the driver, the trucking company, the broker, the maintenance provider, and the cargo loader. Insurance policies range from $750,000 to $5 million, compared to Louisiana's minimum $15,000/$30,000 for passenger vehicles. And critical evidence like the truck's Electronic Control Module data and in-cab camera footage must be preserved immediately before it is overwritten or destroyed.
Yes. Under the legal doctrine of respondeat superior, trucking companies are generally liable for the actions of their drivers during the course of employment. Branch Law also investigates whether the company failed to properly screen, train, or supervise the driver, whether they pressured the driver to violate hours-of-service regulations, whether the truck was properly maintained, and whether the shipping broker set an unrealistic delivery schedule. Each responsible party may carry separate insurance, increasing the total compensation available.
In addition to standard accident steps, photograph the truck's DOT number and company name on the cab or trailer, the truck's license plate, any visible cargo or debris, tire condition, and the driver's information. Request the responding officer's report number. Do not speak with the trucking company's insurance adjuster or investigator — they typically deploy rapid-response teams within hours to build a defense. Call Branch Law at 504-608-7777 immediately so we can send our own investigators and begin preserving the electronic evidence stored in the truck's systems.
The Port of New Orleans handles over 10,000 commercial trucks daily, and the petrochemical corridor between Baton Rouge and New Orleans generates constant heavy truck traffic along I-10, US-90, and River Road. Louisiana Department of Transportation data shows trucks account for 12 percent of vehicles on state roads but are involved in 20 percent of fatal crashes. If you were hit by a truck on these corridors, the trucking company likely operates under both federal and maritime regulations, which Branch Law has experience navigating.
Louisiana Revised Statute 9:2800.6 — the merchant liability statute — requires you to prove three elements: a condition on the premises presented an unreasonable risk of harm and was reasonably foreseeable, the merchant either created the dangerous condition or had actual or constructive notice of its existence before your fall, and the merchant failed to exercise reasonable care to remedy the condition. Constructive notice means the hazard existed long enough that the merchant should have discovered and fixed it through ordinary care. Surveillance footage, maintenance logs, and inspection schedules are critical evidence. Branch Law moves quickly to preserve this evidence before it is overwritten.
Property owners and their insurance companies almost always argue that the injured person bears some responsibility. Under Louisiana's modified comparative fault law, your recovery may be reduced by your percentage of fault but is not eliminated unless you are 51 percent or more responsible. The key question is whether the hazard — a wet floor, a spilled product, a broken tile — was unreasonable and whether the store failed to address it. Branch Law builds your case with evidence of the merchant's negligence to counter these arguments.
Louisiana law does not set a specific time limit. The standard is whether the condition existed for a period long enough that the merchant should have discovered it through the exercise of ordinary care. A grocery store that mops once per hour but ignores a spill for 45 minutes may have constructive notice. Evidence like the freshness of the spill, foot traffic patterns, and prior complaints about similar conditions all factor into proving how long the hazard was present.
Louisiana Civil Code Article 2315.2 establishes a strict order of priority for wrongful death claims. The surviving spouse and children have the first right to file. If there is no surviving spouse or children, the deceased's parents may file. If no parents survive, siblings may bring the claim. Only one class of beneficiaries may recover — a sibling cannot file if the deceased's spouse or children are living. A separate survival action under Article 2315.1 allows the estate to recover damages the deceased suffered between the time of injury and death, including pain and suffering.
No. Louisiana does not impose a cap on wrongful death damages. Recoverable damages include loss of love, affection, companionship, and consortium, loss of financial support the deceased would have provided, funeral and burial expenses, medical expenses incurred before death, and through the survival action, the deceased's own pain and suffering. An economist can calculate the present value of lifetime lost earnings, and the non-economic damages like loss of companionship have no statutory limit.
Two years from the date of death for deaths occurring on or after July 1, 2024. For deaths that occurred between July 1, 2024 and before the prescriptive period extension, the previous one-year period may apply depending on the specific circumstances. The statute is strictly enforced. Contact Branch Law as soon as possible to ensure your family's rights are protected and critical evidence is preserved.
Yes. Louisiana Revised Statute 32:190 requires all motorcycle operators and passengers to wear helmets that meet Department of Transportation safety standards. Failure to wear a compliant helmet can be cited as evidence of comparative fault by the other driver's insurance company, potentially reducing your recovery. However, not wearing a helmet does not automatically bar your claim if the other driver caused the accident through negligence.
No. Louisiana Revised Statute 32:191 prohibits lane splitting — the practice of riding a motorcycle between lanes of traffic moving in the same direction. If you were lane splitting at the time of a crash, the other driver's insurance company will argue comparative fault. However, lane splitting alone does not make the accident your fault if the other driver was negligent — for example, if they changed lanes without signaling or checking mirrors.
In practice, yes. Insurance adjusters and defense attorneys frequently argue that motorcycle riders assume inherent risk, that riders are harder to see, or that riding itself is reckless. These biases can reduce settlement offers and influence juries. Branch Law understands this dynamic and builds cases that focus the evidence squarely on the at-fault driver's negligence — distracted driving, failure to yield, running red lights — rather than allowing the narrative to center on the rider.
No. You are not legally required to give a recorded statement to the at-fault driver's insurance company, and doing so almost always hurts your case. Adjusters are trained to ask questions that elicit responses minimizing your injuries or suggesting you were partially at fault. Phrases like 'I feel fine' or 'I did not see them coming' can be used against you. Call Branch Law at 504-608-7777 before any communication with insurance adjusters. We handle all insurance interactions on your behalf.
Under Louisiana Civil Code Article 2315, you may recover economic damages including medical bills, future medical treatment, lost wages, diminished earning capacity, and property damage. You may also recover non-economic damages including physical pain and suffering, emotional distress, mental anguish, loss of enjoyment of life, and scarring or disfigurement. In cases involving extreme recklessness or intoxicated driving, punitive damages may also be available under Civil Code Article 2315.4.
Generally, compensation for physical injuries and physical sickness is not taxable under federal law (Internal Revenue Code Section 104). This includes settlements for medical bills, pain and suffering, and emotional distress related to a physical injury. However, compensation for lost wages, punitive damages, and interest on the settlement may be taxable. Consult a tax professional for advice specific to your situation. Branch Law works with financial advisors to help clients understand the tax implications of their settlement.
If the at-fault driver is uninsured, you may recover compensation through the uninsured motorist (UM) coverage on your own auto insurance policy. Louisiana law requires insurers to offer UM coverage, though you may have rejected it in writing. If you carry UM coverage, your own insurer steps in to pay your damages up to your policy limits. Branch Law reviews your insurance policies to identify all available coverage sources, including stacked UM policies and MedPay coverage.
Timelines vary depending on case complexity, injury severity, and whether the case settles or goes to trial. Many car accident cases with clear liability and moderate injuries resolve in six to twelve months through negotiation. Complex cases involving catastrophic injuries, disputed liability, or multiple defendants — such as 18-wheeler crashes — may take 18 months to three years or longer. Branch Law does not rush settlements. We pursue maximum recovery, which sometimes means being willing to take the case to trial.
Most personal injury cases in Louisiana settle before trial — industry estimates suggest over 90 percent resolve through negotiation or mediation. However, Branch Law prepares every case as if it will be tried. Insurance companies evaluate whether your attorney has actual trial experience and a willingness to go to court. A firm that always settles sends a signal that invites lowball offers. Brian Branch has tried numerous cases and is prepared to take your case before a jury in Orleans Parish, Jefferson Parish, St. Bernard, St. Tammany, or St. Charles Parish courts.
Your case is filed in the judicial district court covering the parish where the accident occurred. Orleans Parish cases go to the Orleans Parish Civil District Court. Jefferson Parish cases — including Metairie, Kenner, and Gretna — go to the 24th Judicial District Court in Gretna. St. Bernard Parish cases go to the 34th JDC in Chalmette. St. Tammany Parish cases — including Mandeville, Covington, and Slidell — go to the 22nd JDC in Covington. St. Charles Parish cases go to the 29th JDC in Hahnville. Each court has its own rules, judge preferences, and jury tendencies. Branch Law practices in all five of these jurisdictions.
Every case is different. Call Branch Law for a free, no-obligation consultation with an experienced Louisiana injury attorney.
Call (504) 608-7777