Personal Injury Mediation in Louisiana
Mediation is a voluntary, confidential process where a neutral mediator helps both sides reach a settlement without going to trial. In Louisiana, mediation resolves the majority of personal injury cases and is significantly cheaper and faster than litigation.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Pure comparative fault
Fault System
1 years
Filing Deadline
$12,000 – $60,000
Avg Settlement
How Mediation Works in Louisiana
Select a Mediator
Both sides agree on a neutral mediator — typically a retired judge or experienced attorney in Louisiana. Mediators are not decision-makers; they facilitate negotiation.
Opening Statements
Each side presents their position and key evidence. The mediator identifies areas of agreement and dispute.
Private Caucuses
The mediator meets privately with each side to explore settlement positions, discuss weaknesses, and carry offers back and forth.
Negotiation
Under pure comparative fault, fault allocation is a key discussion point. The mediator helps both sides realistically assess litigation risk.
Settlement Agreement
If agreement is reached, a written settlement agreement is signed immediately. It is binding and typically releases all claims.
Louisiana Injury Law Overview
Louisiana operates under a civil law legal tradition unique in the United States, derived from the Napoleonic Code rather than English common law. Despite this heritage, Louisiana personal injury law largely parallels other states in practice. Louisiana applies pure comparative fault, allowing plaintiffs to recover regardless of their fault percentage. The 1-year prescriptive period (statute of limitations equivalent) is among the shortest in the nation and is strictly enforced. Louisiana does not require no-fault PIP insurance. The state's oil and gas industry, maritime activity along the Gulf Coast, and unique legal quirks create specialized personal injury claims. Jones Act and general maritime law govern offshore worker injuries. Louisiana courts have historically produced significant jury verdicts, particularly in New Orleans. Workers' compensation is administered by the Office of Workers' Compensation Administration. Louisiana limits punitive damages to specific statutory circumstances, such as DUI-caused accidents under La. Rev. Stat. § 13:3203.