Louisiana Personal Injury Laws
Louisiana's legal system is unique — based on the civil law tradition, not common law. In 2024, Act 423 doubled the prescriptive period for personal injury ("delictual") actions from 1 year to 2 years, ending a 199-year rule. Effective January 1, 2026, Louisiana transitions from pure comparative fault to a modified comparative fault system with a 51% bar (Act 15 of 2025, HB 431). Louisiana is a fault-based auto insurance state with 15/30/25 minimums, and the "No Pay/No Play" law (effective August 2025) bars uninsured drivers from recovering the first $100,000 in bodily injury and property damages.
Last verified: 2026-02-25
Statute of Limitations
Act 423 (HB 315) replaced the former 1-year prescriptive period with a 2-year period for delictual (tort) actions, effective July 1, 2024. The clock runs from the date injury or damage is sustained.
Exceptions
Wrongful death claims must be filed within the later of 1 year from the date of death or 2 years from the date of the injury or damage that caused the death.
Prescription does not run against minors. A minor injured on or after July 1, 2024 has until age 20 to file a claim.
The state and political subdivisions are capped at $500,000 per person for personal injury damages (exclusive of property damage, medical care, and lost earnings).
Fault & Liability Rules
Effective January 1, 2026, Louisiana transitions from pure comparative fault to a 51% bar system. Plaintiffs found 51% or more at fault are completely barred from recovery. Below 51%, damages are reduced proportionally. Before this date, pure comparative fault applies — a plaintiff can recover even if 99% at fault. Liability is joint and divisible (each tortfeasor pays only their share) unless they conspired to commit an intentional act.
Damage Caps
Total liability of the state and political subdivisions is capped at $500,000 per person for personal injury, exclusive of property damage, medical care, and lost earnings.
Effective August 1, 2025, uninsured drivers are barred from recovering the first $100,000 in bodily injury damages and the first $100,000 in property damage (increased from the prior $15,000 threshold).
Auto Insurance System
Louisiana is a fault-based state. Minimum liability coverage is 15/30/25 ($15,000 per person, $30,000 per accident bodily injury, $25,000 property damage). PIP is optional, not mandatory. Insurers must offer uninsured motorist (UM) coverage but it is optional.
Key Louisiana Statutes
Effective January 1, 2026, plaintiff recovery for past medical expenses is limited to amounts actually paid by health insurers/Medicare/Medicaid plus cost-sharing (deductibles, co-pays, out-of-pocket). Juries see both billed and paid amounts.
Tortfeasors who conspire for intentional/willful acts are liable "in solido" (jointly for the full amount). Otherwise, liability is joint and divisible — each tortfeasor pays only their percentage of fault.
Official Sources
Not Legal Advice
This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at Louisiana Legislature — Civil Code. For advice about your specific situation, consult a licensed attorney.
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