When and How to File a Car Accident Lawsuit in Shreveport, LA

If you’ve been injured in a car accident in Shreveport and the insurance offer doesn’t come close to covering your medical bills, lost income, or long-term needs, filing a lawsuit might be your next best step. But knowing when to take legal action—and how to do it—can make all the difference in the outcome of your case.

In Louisiana, strict deadlines and complex fault laws mean that waiting too long or missing key steps could cost you the compensation you deserve. This guide breaks down the right time to file a car accident lawsuit in Shreveport and what the process actually involves.

When Does It Make Sense to File a Car Accident Lawsuit?

Not every auto accident needs to end up in court. But sometimes, it’s the only path forward—especially when the damage goes far beyond a dented bumper.

You’re Dealing with Serious Injuries

Some crashes leave lasting damage. If you’re recovering from a traumatic brain injury, spinal trauma, or anything that keeps you from working or living normally, you could be looking at long-term treatment and steep medical bills.

And unfortunately, insurance companies don’t always step up. When they underpay or delay, a personal injury lawsuit can be the only real way to fight for what you need.

The Other Side Won’t Take Responsibility

Even when it’s obvious who caused the car crash, insurance adjusters might still try to twist things around. We’ve seen it happen, even with a police report showing the other driver was clearly at fault.

If blame is being passed around and no one’s owning up, you may have no choice but to file a lawsuit to get it sorted out.

You’re Being Lowballed or Ignored

Sometimes the issue isn’t whether you’ll be paid—it’s how little they’re offering. Settlement delays, bad-faith tactics, and insulting offers for real injuries are more common than people realize.

We’ve worked with clients who needed surgeries and long rehab, only to be offered a fraction of what their case was worth. In situations like that, going through the lawsuit process was the only way they got treated fairly.

You’ve Been Left with a Long-Term Disability

If the car accident has changed what you can do for a living—or how you live day to day—an ordinary insurance claim likely won’t come close to covering everything. A well-structured car accident lawsuit can factor in lost future income, ongoing medical care, and the lasting impact on your life.

The Car Accident Lawsuit Process in Louisiana

If you’ve never filed a car accident lawsuit before, it can all feel a bit overwhelming. But once you understand how things usually unfold—and you’ve got the right legal team helping you through it—it gets a lot easier to manage.

Here’s how the process typically plays out in Louisiana:

Initial Case Review

Before we file anything, we start by digging into the details. That means pulling the police report, talking with any witnesses, reviewing your medical records, and in some cases, bringing in accident reconstruction specialists.

The goal here is to understand how strong your accident claim is and whether there’s more than one party who may be held responsible—not just the other driver.

Filing the Complaint

The lawsuit kicks off once we file a formal complaint in court. This legal document names the defendant (usually the at-fault driver) and explains how their negligence caused the car crash and your injuries.

Louisiana has a short statute of limitations—just one year from the date of the motor vehicle accident. If that window closes, you could lose your right to sue entirely. That’s why it’s so important to act quickly.

The Discovery Phase

After the complaint is filed, both sides go through discovery. This is where we exchange information with the defense team, and it usually includes:

• Written questions (called interrogatories)
• Requests for documents
• Depositions—formal interviews given under oath

This phase can bring out new details that weren’t available before. Sometimes, once insurance companies and defense lawyers see the full scope of the case, their tone changes.

Negotiating a Settlement

Most car accident lawsuits settle before they ever reach trial. After discovery, both sides tend to have a clearer view of the facts, and that’s usually when settlement negotiations ramp up.

We treat every case like it’s heading to trial, and that kind of preparation tends to result in better offers from the other side.

Going to Trial (If Needed)

If we can’t agree on a fair settlement, the case heads to trial. That’s when both sides present evidence, and a judge or jury makes the final call on who was at fault—and what kind of compensation is appropriate.

Most cases don’t go this far, but when they do, having an experienced accident attorney by your side can make a real difference in the outcome.

What Damages Can You Recover?

Right after a car accident, most people are focused on the obvious stuff—getting medical help, dealing with car repairs, and figuring out how to handle missed time at work. But there’s usually more on the table than people realize.

If you’re thinking about filing a car accident lawsuit, it’s worth knowing the different types of compensation you might be able to claim.

Economic Damages

These are the clear-cut financial losses—the things you can put a price tag on:

• Medical bills, both past and ongoing
• Lost income or future earning potential if you can’t return to work
• Vehicle repairs or replacement costs
• Long-term rehabilitation or therapy
• Transportation costs for medical appointments
• Changes you’ve had to make to your home because of an injury—like ramps or accessible bathrooms

Non-Economic Damages

These are harder to measure, but just as real:

• Pain and suffering
• Anxiety, depression, or ongoing emotional struggles
• Not being able to enjoy life like you did before
• Strain on your relationships (loss of consortium)

Punitive Damages

These don’t apply to every case, but when a motor vehicle accident involves something extreme—like drunk or reckless driving—the court may award punitive damages. The goal here isn’t just to cover your losses, but to hold the other party accountable in a bigger way.

Common Challenges in Car Accident Lawsuits

Knowing what you can recover after a crash is one thing—understanding what might get in the way is just as important. Every car accident case has its own set of hurdles, especially here in Louisiana.

Below are some of the most common issues we see, and why they matter.

Comparative Fault

Louisiana uses a “pure comparative fault” system. That means if you’re partly to blame for the car accident, your compensation gets reduced by that percentage. So, if you’re found 20% at fault, you’ll only recover 80% of your damages.

The catch? Insurance companies love using this rule to shift blame onto you. A good accident lawyer knows how to counter that—with evidence that tells the full story.

Insurance Coverage Limits

Sometimes, the at-fault driver just doesn’t have enough auto insurance to cover everything—or worse, they don’t have any at all. When that happens, we look for other ways to help you recover:

• Your own uninsured or underinsured motorist coverage
• Other parties who may be responsible, like a vehicle owner or an employer
• In some cases, the defendant’s personal assets

Losing Evidence Over Time

Time works against you after a crash. Evidence doesn’t last forever. Witnesses forget what they saw, photos go missing, cars get repaired, and key details fade. That’s why we always tell folks to act early.

The sooner a personal injury claim is started, the easier it is to protect your case and build it on solid ground.

Is Filing a Car Accident Lawsuit the Right Decision?

For some folks, deciding to file a car accident lawsuit is a no-brainer. For others, it’s not so clear. The truth is, there’s no automatic answer—it really depends on your situation and what you’re dealing with.

Here are a few things that usually play into that decision:

• How serious your injuries are, and what your long-term recovery might involve
• Whether there’s solid evidence showing who was at fault
• If the insurance company is offering anything close to a fair settlement, or just trying to make the case go away cheaply
• Your own financial pressure—do you need help covering costs right now, or can you afford to wait?

The best way to decide is by talking with an experienced car accident lawyer. Someone who’s seen all kinds of cases, understands how this works, and can lay out your options without the legal jargon.

Whether you move forward with a lawsuit or not, having real guidance makes a big difference.

Why Legal Representation Matters More Than You Think

If you’ve ever dealt with insurance companies, you already know they’re not in the business of paying more than they have to. They’ve got entire teams—adjusters, defense lawyers, the whole lot—working to limit how much goes out the door. And if you’re handling a claim on your own, that puts you at a serious disadvantage from the start.

Here at the Law Office of Heather C. Ford, we’ve watched settlement offers jump overnight simply because a client decided not to go it alone. But hiring an experienced car accident lawyer does more than just shift the tone at the negotiating table. It changes the entire direction of your car accident lawsuit.

Legal representation means:

• Knowing what your claim is really worth—not just what the insurance adjuster says it is
• Having someone who knows how to move through the lawsuit process without getting lost
• Getting access to expert witnesses if your case needs backup
• Avoiding the common traps that can weaken your position without you even realizing it

Your Options Starts With a Conversation

If you’ve been in a serious car accident, you don’t have to make decisions in the dark. Whether you’re thinking about a lawsuit or just want to understand your options better, talking to a lawyer can give you clarity—and confidence.

At Ford Injury Firm, we’ll take the time to understand what happened, what you’re dealing with now, and what’s most important to you going forward. Then we’ll talk through the next steps, plain and simple. No pressure. Just real answers.

If you’re ready to find out where you stand, reach out to schedule a consultation. We’re here to help you figure out what comes next.