Louisiana Suing an Abuser for Money

You may have a right to seek justice from the abuser through the civil court system. If a person is injured by someone else, the victim can sue the abuser for “damages.” This means money for things like:

• medical bills;
• lost wages or employment;
• physical and emotional pain and suffering; and,
• in some cases, to punish the abuser (“punitive damages”).

Each state has its own laws on these subjects, but they are mostly similar when it comes to injuries from abuse.

One thing to know is that there are time limits for bringing lawsuits, called “statutes of limitations.” You may want to ask a Louisiana lawyer about your state’s statutes of limitations. 

To file a civil lawsuit against an abuser, you will most likely need the help of a lawyer. Some lawyers will take a case like this for a “contingency fee,” which means the lawyer doesn’t get paid unless you win in court. Then they take some percentage, usually a third, of whatever damages the judge orders. Sometimes the judge will order the abuser (defendant) to pay for your attorney’s fees.

If your damages are below a certain amount, you may be able to file on your own in small claims court. Small claims court is a less formal type of court, and many people can represent themselves in small claims court without the need for an attorney. In Louisiana, you may file in small claims court if you are seeking an amount of up to $5,000, but this amount may be less depending on the parish.¹ The following parishes link to small claims court forms and additional information: 

• Baton Rouge City Court website
• City of Shreveport website
• Bossier City website
• City Court of Slidell website
• City Court of Hammond website
• Natchitoches Parish Clerk of Court’s website
• City of Minden website
• Bastrop City Court website
• City Court of Alexandria website
• City Court of Jennings website

You may talk to the clerk of the court in your parish for help in filing a lawsuit in small claims court.

If you want to sue for more than $5,000, you may need the help of a lawyer. For help to find a lawyer who can take your case for a contingency fee, you can contact the National Crime Victim Bar Association. They can refer you to lawyers in your state who represent crime victims in lawsuits against abusers. (WomensLaw.org is unrelated to this organization.)

¹ La. Rev. Stat. § 13:5202(A)