Personal injury cases can strike at any time, in any place, including when you’re on a trip. Whether you were in New Orleans for a vacation, a conference, or a celebration, being hurt in a car accident, slip and fall, or other injury case often means handling your injury case away from home.
New Orleans law typically requires you to file your injury case where it happened. That means that you will typically need to work with a local lawyer, file your case in New Orleans (i.e., in Orleans Parish), and go to court in New Orleans. However, our attorneys can help you with much of your case over the phone/online to avoid unnecessary travel.
Call Schoenfeld Law Firm at (504) 688-7760 to get a free case review from our Lafayette, LA personal injury lawyers.
Where Do I File an Injury Case that Happened in New Orleans?
If you were hurt here in New Orleans, you typically file your injury case here in New Orleans. There may be some special rules that allow you to sue individuals in other places if they live there, too – or to sue companies in many different places – but the court where the injury happened is usually the best venue.
This typically means filing in the Civil District Court for the Parish of Orleans. That is, we use the civil court because it’s an injury case (as opposed to a criminal case) and the District Court because that is the trial court level. In Louisiana, we have parishes instead of counties, so Orleans Parish is essentially the county for New Orleans.
Can I File Back Home?
If you live in another state, you may technically be able to sue back home, but it usually isn’t the best place to hear the case, even if you can technically file there.
Sometimes state and federal law allow lawsuits in courts where a defendant lives or where a company does business. However, since this case relies on Louisiana law, it should typically be filed in a Louisiana trial court.
Even when you do file in federal court – which is allowed for lawsuits between residents of different states – it usually doesn’t make sense to take the trial outside of New Orleans.
Do I Need a Local Lawyer?
For a lawyer to file an injury case in New Orleans, they typically need to be a member of the bar in Louisiana. Outside counsel can sometimes work with local attorneys, but you really should have a New Orleans personal injury lawyer handle your case.
Louisiana law is different from the law everywhere else in the United States because of its history in French and Spanish civil law systems instead of English common law systems. We use some different terminology that can be tricky for lawyers who haven’t passed the bar in Louisiana.
In any case, our lawyers are quite familiar with Louisiana law and can seek the best outcomes under those laws.
FAQs for Suing from Out of State in New Orleans, LA
Do I Need to Go to Court in Person if I Live in Another State?
Our attorneys have offices in New Orleans and can handle much of your filings and early court appearances for you without you needing to be in court at all. In many cases, judges are also willing to allow remote access or to waive a party’s appearance if you are not able to come into court.
Can I Handle a Court Case Remotely?
While you might need to (or want to) travel to come to trial if your case gets that far, most cases do not need to actually go to trial. Our goal is to always settle your case for a fair value to avoid trial. In the meantime, we can collect records, meet with you, and build your case over the phone or through video conferencing.
If your case settles without needing to actually go to court, we can handle much of the paperwork and payment remotely, saving you the need to travel. If the judge ultimately does request your presence in court, you may need to travel, but we can cross that bridge if we get to it.
Can I File in Federal Court Back Home?
Federal courts allow lawsuits against residents of different states if the amount in controversy meets certain thresholds. Injury cases often meet this threshold, so you can sometimes file in federal court, and there are federal courts all over the country.
However, the case is typically handled under Louisiana law, making it impractical to file in federal court instead of state court. Plus, that usually doesn’t get you out of other complex requirements that would keep the case in the Eastern District of Louisiana at the courthouse in New Orleans, even if the case is in federal court instead of state court.
Can My Lawyer from Home Handle My Case in Louisiana?
Louisiana requires that lawyers filing cases be barred in Louisiana. If your lawyer from back home happens to be a member of our bar, then they can file your case here.
However, we always recommend working with a lawyer who actively practices in New Orleans and is familiar with local court practices and insurance companies, as well as state law.
How is the Law Different in New Orleans?
New Orleans – and Louisiana in general – has a bit of a different legal system. For example, we call civil injury cases “delictual actions” instead of “torts,” and the deadline to file is known as the “liberative prescription” instead of the “statute of limitations.”
While these laws function quite similarly to other states, we also have some other unique or unusual laws that only a lawyer licensed to practice in Louisiana would understand in full.
Call Our Personal Injury Lawyers in New Orleans for Help Today
For a free case review and to get started on your case, call the New Orleans personal injury attorneys at Schoenfeld Law Firm at (504) 688-7760.
