Drunk Driving Accident Lawyers in New Orleans

How a Civil Claim Differs From a Criminal DWI Case

A criminal driving while intoxicated case seeks penalties against the accused driver, while a separate civil injury claim seeks compensation for losses caused by the collision. An arrest, charge, plea, or conviction may support the civil case, but it doesn’t automatically establish fault, causation, damages, or insurance coverage.

Evidence relevant to the civil claim may include:

• The police crash report and witness information
• Breath-test or toxicology records when available
• Photographs, video, 911 records, and vehicle damage
• Medical records connecting the collision to diagnosed injuries
• Pay records and other proof of lost income

We review the criminal matter without treating its outcome as the sole measure of civil liability. Even if charges are reduced, dismissed, or unresolved, the available evidence may still support further investigation.

Compensatory & Exemplary Damages Under Louisiana Law

Compensatory damages address losses supported by the facts and evidence. Depending on the circumstances, they may include medical expenses, anticipated treatment costs, lost income, reduced earning capacity, property damage, pain and suffering, and losses arising from a wrongful death.

Louisiana Civil Code Article 2315.4 also permits exemplary damages in certain intoxication cases. These additional damages may be available when the defendant’s intoxication was a cause in fact of the injuries and the conduct showed wanton or reckless disregard for the rights and safety of others.

The Filing Deadline

Louisiana calls its filing deadline a prescriptive period. For delictual actions arising on or after July 1, 2024, Civil Code Article 3493.1 generally provides two years from the date the injury or damage is sustained. The applicable deadline can depend on the crash date, claim type, and parties involved, so waiting for the criminal proceeding to end could put legal rights at risk.

Preserving Evidence After a New Orleans Drunk Driving Crash

The New Orleans Police Department provides processes for requesting accident reports and public records. These materials may identify drivers, witnesses, reported observations, citations, and other details documented after the collision. Additional evidence may come from medical providers, employers, insurers, nearby cameras, and the vehicles involved.

Personal injury and accident cases may proceed through the Civil Division of Orleans Parish Civil District Court when that court has jurisdiction. Where a lawsuit belongs depends on the parties and circumstances, making local court context one part of a broader case assessment.