By Brad Cranmer, Personal Injury Attorney at Mansfield Melancon Injury Lawyers
A personal injury in Louisiana can happen in a second. The decisions that follow — in the hours, days, and weeks after — often determine whether you recover what your claim is actually worth. This guide walks through the steps that matter most, and the mistakes that are hardest to undo.
Step 1: Get Medical Attention Immediately
Go to the emergency room, urgent care, or your doctor the same day — even if you feel okay. Pain from soft tissue injuries, disc problems, and concussions frequently delays 24 to 72 hours. When you skip initial care and symptoms appear later, insurers argue the injury wasn’t caused by the incident. A medical record dated the same day eliminates that argument.
Follow all treatment recommendations. Gaps in care — missed appointments, ignored prescriptions — become gaps in your claim. Document everything: appointment dates, provider names, medications prescribed, and days missed from work.
Step 2: Preserve Evidence Before It Disappears
Photograph the scene, the hazard, the vehicles, or whatever caused your injury before it changes. Get witness names and contact information. If the incident occurred at a business or on a road, security or traffic camera footage may exist — but it overwrites quickly, sometimes within 48 hours.
An attorney can send a preservation demand to lock down that footage and any other evidence before it disappears. This is one of the most time-sensitive steps in any Louisiana personal injury claim.
Step 3: Don’t Give a Recorded Statement
The other party’s insurer will call. They’ll sound friendly and say they just need a few details. What they’re doing is building a file. You have no obligation to give a recorded statement to the other party’s insurer. Anything you say can be used to assign you more fault or minimize your injuries. Speak with a Louisiana personal injury lawyer before returning that call.
Step 4: Understand Louisiana’s Comparative Fault System
Louisiana uses a pure comparative fault system. If you’re found to share some responsibility for the incident, your compensation is reduced by your percentage of fault. Insurers use this aggressively — they assign you as much fault as possible to reduce what they owe. See our guide on contributory fault in Louisiana to understand how this affects your claim.
Step 5: Contact a Louisiana Personal Injury Attorney
Mansfield Melancon handles personal injury cases from our offices in Baton Rouge, New Orleans, and Lafayette. The consultation is free and you pay nothing unless we recover for you. Contact us at mmcdlaw.com/contact-us.
Frequently Asked Questions
What is the most important thing to do after a personal injury in Louisiana?
Seek medical attention immediately, even if you feel okay. Many injuries — disc damage, soft tissue injuries, concussions — don’t fully present for 24 to 72 hours. A same-day medical record creates the timeline your attorney needs to connect your injuries to the incident. Learn more about what a personal injury case involves.
Should I talk to the other party’s insurance company?
Not before speaking with an attorney. The other party’s insurer is not on your side. Their adjusters are trained to elicit statements that reduce your claim. Review our overview of how Louisiana’s at-fault insurance system works and contact a Louisiana personal injury lawyer before returning any calls.
How do I know if I have a personal injury claim?
If someone else’s negligence caused your injury — a distracted driver, a property owner who ignored a hazard, an employer who skipped required safety protocols — you likely have a claim. The strength of that claim depends on liability, the severity of your injuries, and the evidence available. A free consultation with an attorney is the fastest way to evaluate your situation.
What compensation can I recover after a personal injury in Louisiana?
Louisiana allows recovery of economic damages — medical bills, lost wages, future care costs — and non-economic damages such as pain and suffering and loss of enjoyment of life. In cases of intentional or egregious conduct, punitive damages may also be available.
Usually how long do I have to file a personal injury claim in Louisiana?
Usually you have two years from the date of the injury under La. C.C. Art. 3493. Wrongful death claims carry a one-year deadline from the date of death. These deadlines are strict — missing them almost always results in losing your right to recover. Contact a Louisiana personal injury attorney as soon as possible after an injury.