What a slip and fall attorney does in New Orleans
A slip and fall attorney in New Orleans represents people who have been injured on someone else's property due to negligence — a wet floor, broken stairs, poor lighting, or debris left in a walkway. Their job is to investigate what happened, determine who was responsible, and negotiate or litigate for compensation to cover your medical bills, lost wages, and pain and suffering.
New Orleans slip and fall cases follow Louisiana's civil law system, which differs from other states in important ways. Louisiana uses comparative fault, meaning you can recover damages even if you were partially at fault — but the amount you receive is reduced by your percentage of responsibility. An attorney familiar with Louisiana courts and juries understands how local judges and jurors view these cases, which matters when deciding whether to settle or go to trial.
Most slip and fall attorneys work on contingency, meaning they take a percentage of what you win (typically 25 to 40 percent) rather than charging you upfront. If you lose, you pay nothing. This arrangement means the attorney has a financial stake in the outcome and will not take weak cases.
Key Takeaways
- A slip and fall attorney investigates the accident, gathers evidence like surveillance footage and maintenance records, and negotiates with the property owner's insurance company on your behalf.
- Louisiana's comparative fault rule means you can recover even if you were partially at fault, but your award is reduced by your percentage of responsibility.
- Most slip and fall attorneys work on contingency, taking a percentage of your settlement or judgment rather than charging upfront fees.
- The property owner's insurance company will contact you quickly after an accident; speaking to an attorney before giving a recorded statement protects your case.
- Statute of limitations in Louisiana is one year from the date of injury, so contacting an attorney early matters even if you are still recovering.
When to contact a slip and fall attorney
Contact an attorney as soon as possible after a slip and fall injury, ideally within days rather than weeks. The property owner's insurance adjuster will likely reach out to you directly, often within 48 hours, asking you to give a recorded statement. Anything you say can be used against you later, and adjusters are trained to find reasons to deny or reduce claims. An attorney can advise you on what to say — or whether to say anything at all — before that conversation happens.
You should also contact an attorney if the property owner or manager denies that a hazard existed, claims you were careless, or refuses to provide information about maintenance records or surveillance footage. These are signs that the case will be contested and you will need representation.
Even if you feel your injuries are minor, an attorney can help you understand what your case is worth. Some injuries that seem small at first — a sprained ankle, a head bump — develop into chronic pain or complications weeks later. An attorney can advise you on whether to settle quickly or wait until your medical picture is clearer.
How to find a slip and fall attorney in New Orleans
Start by searching for attorneys who practice slip and fall or premises liability law in Orleans Parish or the surrounding area. The Louisiana State Bar Association website has a lawyer referral service where you can filter by practice area and location. Many attorneys also advertise through Google, legal directories like Avvo or Justia, or local business listings.
When you find an attorney, call and ask whether they offer a free initial consultation. Most do. During that call, ask how many slip and fall cases they have handled, how many went to trial versus settlement, and what their typical contingency fee is. Ask whether they have handled cases in the specific location where you fell — a grocery store, apartment building, or restaurant — because experience with that type of property matters.
Ask also whether they will handle the case personally or assign it to another attorney in the firm. Some firms use paralegals or junior attorneys to manage cases while senior attorneys appear only at trial. If you prefer to work with the person you meet, say so and confirm the arrangement in writing.
What happens after you hire an attorney
Your attorney will send a demand letter to the property owner's insurance company, describing the accident, your injuries, and the medical treatment you received. The letter includes copies of medical records, bills, and proof of lost wages. The insurance company then has a set period — usually 30 days — to respond with an offer.
If the offer is too low, your attorney will negotiate. This back-and-forth can take weeks or months. During this time, your attorney is also gathering evidence: requesting surveillance footage from the property, obtaining maintenance records to show whether the hazard was known, interviewing witnesses, and sometimes hiring an informed to testify about how the accident happened.
If settlement talks stall, your attorney will file a lawsuit in Orleans Parish Civil District Court. This triggers a formal discovery process where both sides exchange documents and take depositions — recorded question-and-answer sessions. Most cases settle before trial, but your attorney should be prepared to go to court if necessary.
Understanding Louisiana's comparative fault rule
Louisiana's comparative fault system is different from the "pure comparative negligence" used in some states. Under Louisiana law, you can recover damages as long as you are not more than 50 percent at fault. If you are found to be 50 percent or more responsible, you recover nothing.
For example, if you slipped on a wet floor that the store failed to mark with a warning sign, but you were also wearing inappropriate footwear or not paying attention, a jury might find you 20 percent at fault and the store 80 percent at fault. You would recover 80 percent of your damages. If the jury finds you 51 percent at fault, you recover nothing.
This is why the insurance company will argue that you were careless — they want to push your fault percentage as high as possible. Your attorney's job is to present evidence that the property owner knew or should have known about the hazard and failed to warn you or fix it. This is called premises liability, and it is the legal foundation of your case.
Costs and contingency fees
You will not pay your attorney an hourly rate or upfront fee. Instead, the attorney takes a percentage of the money you recover — either through settlement or judgment. This percentage varies but typically ranges from 25 to 40 percent. Ask your attorney what their standard fee is before you sign a representation agreement.
You may also be responsible for case costs — filing fees, informed witness fees, medical record retrieval, and deposition transcripts. Some attorneys advance these costs and deduct them from your settlement. Others ask you to pay them as they are incurred. Clarify this in writing before you hire the attorney.
If you do not recover anything, you owe the attorney nothing. However, you may still owe case costs if your representation agreement requires you to pay them separately. Read the agreement carefully and ask questions about anything you do not understand.
The statute of limitations for slip and fall cases in Louisiana
In Louisiana, you have one year from the date of your injury to file a lawsuit. This is called the statute of limitations. If you do not file within one year, you lose the right to sue, even if you have a strong case.
This important date applies to the lawsuit itself, not to contacting an attorney or negotiating with the insurance company. However, waiting until the last minute is risky. Evidence disappears, witnesses move away, and memories fade. Surveillance footage is often deleted after 30 to 90 days. An attorney needs time to investigate, gather evidence, and negotiate before deciding whether to file.
Contact an attorney within the first few months after your injury. This gives them time to work on your case without rushing toward the important date. If you are still in medical treatment and your injuries are not yet fully developed, an attorney can monitor your progress and advise you on when to settle or file.
Questions to ask before hiring an attorney
Before you sign a representation agreement, ask your potential attorney these questions: How many slip and fall cases have you handled in the past three years? What was the average settlement or judgment amount? Have you handled cases at the location where I fell? Will you personally handle my case or will someone else? What is your contingency fee percentage? Are case costs my responsibility, and if so, do you advance them or do I pay as you incur them? How often will you update me on the case? What is your timeline for settlement negotiations before filing a lawsuit?
Pay attention to how the attorney answers. Do they listen to your story, or do they rush through the consultation? Do they explain Louisiana law in plain language, or do they use jargon without clarifying? Do they seem confident but realistic, or do they promise a specific outcome? Trust your instinct. You will be working with this person for months, and you need someone you can communicate with and rely on.
Frequently Asked Questions
Can I talk to the insurance company before hiring an attorney?
You can, but it is risky. The adjuster will ask you detailed questions about how the fall happened, what you were doing, and whether you noticed the hazard. Anything you say can be used to argue that you were careless or that the hazard was obvious. An attorney can advise you on what to say or recommend that you decline to give a recorded statement until they are involved.
What if the property owner says there was no hazard or that I caused the fall?
This is a contested liability case, and you will need an attorney. The property owner's insurance company will argue that they are not responsible. Your attorney will gather evidence — surveillance footage, maintenance records, witness statements, and informed testimony — to prove that the hazard existed and that the property owner knew or should have known about it.
How long does a slip and fall case usually take?
Most cases settle within three to six months if liability is clear and your injuries are documented. Contested cases or cases involving serious injuries can take a year or longer. Your attorney can give you a better estimate after reviewing the facts and the insurance company's initial response.
What if I was partially at fault for the fall?
Louisiana's comparative fault rule allows you to recover even if you were partially at fault, as long as you are not more than 50 percent responsible. Your attorney will present evidence that the property owner's negligence was the primary cause of the accident, even if you also made a mistake.
Do I have to go to court?
Most slip and fall cases settle before trial. However, if the insurance company's offer is too low and your attorney believes a jury will award more, they may recommend filing a lawsuit. You have the final say on whether to settle or go to trial, and your attorney should explain the risks and benefits of each option.