If you’ve been in a car accident in Louisiana, you’re probably overwhelmed with questions, fears, and frustrations. What happens if the insurance company lowballs you? What if they deny your claim? How long does a lawsuit really take, and do you have to see a courtroom? At AWKO, I’m Reagan Charleston Thomas, and I make it my mission to demystify the car accident lawsuit process for people in New Orleans and across Louisiana. Here’s what you need to know—from the very first filing to the final settlement or trial—and why having a lawyer who prepares every case for court is your best path to recovery.
Why You Might Need to Sue for a Car Accident in Louisiana
Louisiana uses a fault-based system for auto accidents, meaning the at-fault driver (and their insurer) are legally and financially responsible for your damages. Most minor wrecks settle quickly, but injury cases—especially in I-10 pileups, distracted driving, or when fault is disputed—often end up in litigation. That’s because insurance adjusters are trained to minimize your payout, blame you, delay, or outright deny legitimate claims.
You deserve to recover for your full losses:
- Serious or permanent injuries
- Major medical bills, surgeries, hospital stays, rehabilitation
- Lost earnings and future earning capacity
- Pain, suffering, and loss of enjoyment of life
If you’re reading this and feeling nervous, you’re not alone. Filing a lawsuit can feel intimidating, but my job is to make the system clear and manageable—so you never have to face it alone.
Step 1: Medical Attention and Police Reports
The legal process really begins at the crash scene. Always seek medical attention—even if you “feel fine.” Many injuries (like whiplash, back injuries, or trauma) aren’t obvious at first. A medical record from right after your accident is the strongest proof linking your injuries to the crash.
File a police report every single time. This impartial third-party record becomes the bedrock of your case.
Step 2: Meet With a Car Accident Lawyer
As your advocate, I gather every single piece of evidence that strengthens your case:
- Police reports, photos, and video from the scene
- Witness statements and contact info
- Your medical records, treatment plans, and bills
- Lost work records, emails, and communications with the insurer
I also stop the endless insurance calls and advise you not to give recorded statements without legal counsel. My “trial-ready” approach means every case is built with the evidence and strategy to win at the negotiating table—or, if needed, in court.
Step 3: Filing the Lawsuit – Petition for Damages
If negotiation doesn’t secure a fair settlement, we file a petition for damages. Here’s what we do:
- File your case in the right Louisiana court (usually in the parish where the accident happened)
- Name every defendant—from the at-fault driver to their employer or other responsible parties
- Clearly lay out what happened, your injuries, and what compensation you seek
Once served with your lawsuit, the defendant must respond—sometimes with denials or by shifting blame. Rest assured—I expect this and am ready for it.
Step 4: Discovery – Uncovering Every Fact
This is the real backbone of your Louisiana car accident case. During discovery, I exchange evidence with the defense, including:
- Interrogatories (written questions about the crash, work, health history, etc.)
- Requests for records (all your accident, injury, and wage info, and theirs)
- Depositions—interviews under oath of you, the other driver, medical and accident experts
The goal? To fully understand your injury, identify the tactics insurers will try, and shore up any weaknesses before we get to court.
Step 5: Mediation and Negotiations
Most lawsuits settle before trial—but only if the case is solid, deadlines are respected, and the other side knows you’re serious. I push for mediation, where both sides try to find a resolution with the help of an experienced third-party mediator.
If you’re nervous, know this: You’re fully prepared, you always have a voice, and you never agree to a penny less than you deserve unless you’re satisfied with the offer.
Step 6: Trial Preparation
If the insurance company won’t budge, we prepare for court. Preparation means:
- Selecting the right expert witnesses (doctors, accident reconstructionists, vocational experts)
- Creating timelines, visuals, and exhibits to communicate your story
- Coaching you and witnesses for testimony
I know the judges, juries, and courtrooms of New Orleans and surrounding parishes. I take pride in facing insurers in court—sometimes a case will settle at the last minute simply because the other side knows we’re ready to go the distance.
Step 7: Trial (and What to Expect)
Trial isn’t as scary as it seems when you have a prepared legal team. Here’s what will happen:
- Both sides give opening statements, tell the story of the crash and your injuries
- Evidence is presented: medical reports, accident photos, expert and witness testimony
- Each lawyer cross-examines the other side’s witnesses
- After closing arguments, the jury or judge decides who is at fault and what compensation you should receive
Many clients are surprised to learn that just being READY for trial is often enough to get a case settled for what they really deserve.
Frequently Asked Questions: Louisiana Car Accident Lawsuits
- How long does a typical car accident lawsuit take?
- It can range from a few months (for clear-cut liability cases) to a year or more (for complex, high-stakes accidents with severe injuries or disputed facts).
- Will I have to go to trial?
- Most cases don’t—statistically over 90% settle. But you NEED a lawyer who builds your case as if it will, because that’s what drives fair settlements.
- How do fees work?
- At AWKO, injury cases are contingency-based: you pay nothing unless we win for you.
- Can I sue if I was partially at fault?
- Yes—Louisiana’s comparative fault rules mean your award is reduced by your share of responsibility, but you can still recover damages.
Why Trial-Readiness Matters—Even When Most Cases Settle
In Louisiana, judges and insurance adjusters know which attorneys take cases to trial and which ones don’t. Insurers offer more to clients represented by trial-ready lawyers. If you want leverage—and the absolute best settlement—your lawyer needs a reputation for excellence in the courtroom.
That’s what we deliver at AWKO. I prepare every single car crash case for trial from day one. That way, you’re never negotiating from a place of fear or weakness. If we settle, it’s because it’s the right deal for YOU.
Nervous? You’re Not Alone. Reagan Makes it Simple
You may have never set foot in a courtroom before. That’s OK. Most of my clients haven’t either. You will not be left alone, confused, or pressured into decisions. My job is to take on the stress of the litigation system so you can focus on healing.
I am committed to frequent updates, honest answers, and honest expectations about timelines, outcomes, and options. You’re not just another file—I care about your case, your health, and your future.
Free Car Accident Lawsuit Consultation in Louisiana
You don’t have to figure out the Louisiana legal system alone. If you were injured in a car accident and want answers, help, or strong representation, let’s talk.
Contact me, Reagan Charleston Thomas, at AWKO for a FREE car accident consultation. I’ll explain your options, review your case, and guide you through every step—whether we settle or fight in court. Fill out the consultation form below, or call my office today.