What is the statute of limitations for personal injury claims in Louisiana?

1 year (la prescription), extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024. Source: La. Civ. Code art. 3492 (legacy) / Act 423 (2024). Filing after the period expires generally bars the claim absent a recognised tolling exception (minority, incapacity, or in some jurisdictions delayed discovery of the injury).

Are there caps on damages in Louisiana?

Yes — Louisiana applies the following caps: Medical malpractice cap ($500,000 total (Patient's Compensation Fund)) under La. R.S. § 40:1231.2. See the caps section above for the conditions under which each applies.

Does Louisiana operate a no-fault auto insurance scheme?

No. Louisiana is a traditional tort jurisdiction for auto claims. The at-fault driver's insurer is the primary source of recovery.

How are settlements typically valued in Louisiana?

Practitioners and adjusters in Louisiana value claims using the same building blocks applied across United States: medical specials, future care projections, lost earnings (past and future), and general damages for pain and suffering. The fault rule (modified comparative, 51% bar) and any applicable cap then adjust the gross figure. Caps in this state can compress the upper end of the band materially, particularly in catastrophic-injury cases.

Should I hire a Louisiana attorney for a personal injury claim?

For anything beyond a clear soft-tissue claim with admitted liability and modest damages, yes. Louisiana's fault rule and any applicable caps materially affect the calculus, and adjusters value represented claims significantly higher than unrepresented ones. Most Louisiana personal injury attorneys work on contingency (no fee unless you recover), with fees typically in the 33–40% range.

★ US · South

Personal injury in
Louisiana.

By MyClaimWorth EditorialReviewed by Abd Shanti, FounderPublished 9 May 20267 min read

Louisiana moved from pure to modified comparative negligence on January 1, 2026, barring recovery at 51% fault, and extended its personal injury limitation period from one year to two by Act 423 of 2024.

Louisiana is the only US state with a civil-law tradition (drawn from the Napoleonic Code), and its tort framework reflects this. Article 2323 of the Civil Code applied pure comparative negligence for decades, but Acts 2025, No. 15 changed it for claims arising on or after January 1, 2026: a claimant found 51% or more at fault now recovers nothing, and a smaller share of fault still reduces the award. The historic prescription period for delictual actions was one year, among the shortest in the world, but Act 423 of 2024 extended this to two years for tort claims accruing on or after 1 July 2024.

Medical malpractice claims are subject to a hard $500,000 cap on total recovery, with the Patient's Compensation Fund covering amounts above the defendant healthcare provider's $100,000 personal liability limit.

united states · sister site

In the US? See what your case could be worth.

FairSettlement runs a free case check in about two minutes. Real settlement ranges for your state, no cost and no obligation.

Check my case

★ statute of limitations

1 year (la prescription), extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024

La. Civ. Code art. 3492 (legacy) / Act 423 (2024)

★ fault rule

Modified comparative, 51% bar

Modified comparative negligence under Louisiana Civil Code Article 2323 as amended by Acts 2025, No. 15: for claims arising on or after January 1, 2026, a claimant 51% or more at fault recovers nothing. Claims arising before that date keep the old pure comparative rule.

★ LA · statutory caps

What caps recovery.

Caps and ceilings imposed by Louisiana law that bear on settlement values.

Medical malpractice cap
Med-mal claims
$500,000 total (Patient's Compensation Fund)
La. R.S. § 40:1231.2

★ LA · key facts

What makes Louisiana different.

The handful of details that distinguish this jurisdiction from its neighbours.

Modified comparative, 51% bar, since January 1, 2026
SOL extended from 1 to 2 years for accidents post-2024
Hard $500k med-mal cap
Patient's Compensation Fund overlay

★ LA · by injury

Claim values by injury type.

Reported decisions, the limitation clock, and how fault is apportioned for each injury type under Louisiana law.

★ LA · court decisions

What Louisiana courts have decided.

Reported Louisiana decisions for each injury type, each with a link to the judgment and to the full injury guide.

Whiplash
Joseph v. Netherlands Insurance
Louisiana Fifth Circuit Court of Appeal · 2016
General damages raised from $10,500 to $29,000
Sheila Joseph was rear ended in 2012 and the other driver was found 100% at fault.
whiplash in Louisiana →
Whiplash
Kelley v. General Insurance Co. of America
Louisiana First Circuit Court of Appeal · 2014
$422,500 verdict, affirmed
At a Baton Rouge gas station another customer drove off with the pump hose still attached; it snapped back and struck Timothy Kelley, aggravating neck and back injuries that had already needed surgery.
whiplash in Louisiana →
Back & spine
Kelley v. General Insurance Co. of America
Louisiana First Circuit Court of Appeal · 2014
$422,500 verdict, affirmed
An unidentified driver pulled away from a gas pump with the hose attached, and the snapping hose struck Timothy Kelley.
back & spine in Louisiana →
Back & spine
Joseph v. Netherlands Insurance
Louisiana Fifth Circuit Court of Appeal · 2016
General damages raised to $29,000
After a rear end crash an MRI showed a herniated lumbar disc and her arthritic spine was aggravated.
back & spine in Louisiana →
Head & brain
Falcon v. Louisiana Department of Transportation
Louisiana First Circuit Court of Appeal · 2014
$575,000 general damages raised to $3,575,000, affirmed
In 2007, 26 year old Anya Falcon was driving her three children when a large campaign sign in the state’s right of way blocked her view at an intersection.
head & brain in Louisiana →
Fracture
Spann v. Gerry Lane Enterprises
Louisiana First Circuit Court of Appeal · 2018
Extra $100,000 general damages, reduced by 70% fault
Patricia Spann lost control of her car in Baton Rouge in 2011, blaming a power steering part a dealership had replaced under a recall.
fracture in Louisiana →
Fracture
Tomlinson v. Landmark American Insurance
Louisiana Fourth Circuit Court of Appeal · 2016
Summary judgment on liability reversed
A woman fell at a bar and claimed a fractured kneecap and hip injuries.
fracture in Louisiana →
Medical negligence
Oliver v. Magnolia Clinic
Louisiana Supreme Court · 2012
$6 million verdict reduced to $500,000 cap
Taylor Oliver was seen 32 times in her first year by a nurse practitioner for nausea, vomiting, bruising and infections; other doctors later diagnosed neuroblastoma.
medical negligence in Louisiana →
Workplace
Batiste v. Bayou Steel
Louisiana Supreme Court · 2010
Suit against employer dismissed
Kelvin Batiste had installed electrodes on a steel furnace about 4,600 times over fourteen years.
workplace in Louisiana →

★ LA · rules that decide claims

The rules in Louisiana.

Statutes and rulings that come up again and again in Louisiana injury claims, each with its source.

Fault rule since 2026	Louisiana moved from pure comparative fault to a modified system on 1 January 2026: a claimant 51% or more at fault recovers nothing, and a smaller share reduces the award.La. C.C. art. 2323(A)(2), as amended by Act 15 of 2025
Deadline to sue	Two years from the day the injury is sustained. Before July 2024 the period was one year, so older claims may already be barred.La. C.C. art. 3493.1 (Act 423 of 2024)
Seat belt use	Admissible. The rule that kept seat belt nonuse from the jury was repealed effective 1 January 2021.La. R.S. 32:295.1, subsection E repealed by Acts 2020, 1st Ex. Sess., Nos. 36 and 37
Appeals on the amount	The jury’s discretion over general damages is great, even vast; an appeals court raises or lowers an award only to the lowest or highest amount a reasonable jury could give.Joseph v. Netherlands Insurance (La. App. 5 Cir. 2016)
Aggravating a prior injury	A defendant is liable for making a preexisting back or neck condition worse, and the jury can award substantial damages for the aggravation.Kelley v. General Insurance Co. of America (La. App. 1 Cir. 2014)
Correcting a low verdict	A trial judge may grant judgment notwithstanding the verdict or an additur to raise general damages the jury set too low.Falcon v. Louisiana DOTD (La. App. 1 Cir. 2014)
Low general damages for fractures	Where a jury pays medical bills for serious fractures but awards almost nothing for pain, the judge may grant judgment notwithstanding the verdict and set a reasonable figure.Spann v. Gerry Lane Enterprises (La. App. 1 Cir. 2018)
Claims against public bodies	General damages are capped at $500,000; medical care and lost earnings are outside the cap. No special notice rule applies.La. R.S. 13:5106, in the MyClaimWorth notice of claim chart

★ other US jurisdictions

Compare across United States.

How Louisiana compares with its neighbours in the South on fault rule and limitation period.

Jurisdiction	Fault rule	Limitation
Louisiana· you are here	Modified comparative, 51% bar	1 year (la prescription), extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024
Alabama (AL)	Pure contributory negligence	2 years from date of injury
Arkansas (AR)	Modified comparative, 50% bar	3 years for personal injury; 2 years for medical malpractice
Florida (FL)	Modified comparative, 51% bar	2 years from date of injury (was 4; reduced by HB 837)
Georgia (GA)	Modified comparative, 50% bar	2 years from date of injury
Kentucky (KY)	Pure comparative negligence	1 year for personal injury (one of the shortest in the US)
Mississippi (MS)	Pure comparative negligence	3 years from date of injury
North Carolina (NC)	Pure contributory negligence	3 years from date of injury
South Carolina (SC)	Modified comparative, 51% bar	3 years from date of injury
Tennessee (TN)	Modified comparative, 50% bar	1 year from date of injury, among the shortest in the US
Texas (TX)	Modified comparative, 51% bar	2 years from date of injury
Virginia (VA)	Pure contributory negligence	2 years from date of injury
West Virginia (WV)	Modified comparative, 51% bar	2 years from date of injury

Every United States jurisdiction compared

★ LA · frequently asked

Common questions.

Common questions about personal injury claims in Louisiana, answered with the relevant statutory references.

What is the statute of limitations for personal injury claims in Louisiana?
1 year (la prescription), extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024. Source: La. Civ. Code art. 3492 (legacy) / Act 423 (2024). Filing after the period expires generally bars the claim absent a recognised tolling exception (minority, incapacity, or in some jurisdictions delayed discovery of the injury).
What fault rule applies in Louisiana?
Modified comparative, 51% bar. Modified comparative negligence under Louisiana Civil Code Article 2323 as amended by Acts 2025, No. 15: for claims arising on or after January 1, 2026, a claimant 51% or more at fault recovers nothing. Claims arising before that date keep the old pure comparative rule.
Are there caps on damages in Louisiana?
Yes — Louisiana applies the following caps: Medical malpractice cap ($500,000 total (Patient's Compensation Fund)) under La. R.S. § 40:1231.2. See the caps section above for the conditions under which each applies.
Does Louisiana operate a no-fault auto insurance scheme?
No. Louisiana is a traditional tort jurisdiction for auto claims. The at-fault driver's insurer is the primary source of recovery.
How are settlements typically valued in Louisiana?
Practitioners and adjusters in Louisiana value claims using the same building blocks applied across United States: medical specials, future care projections, lost earnings (past and future), and general damages for pain and suffering. The fault rule (modified comparative, 51% bar) and any applicable cap then adjust the gross figure. Caps in this state can compress the upper end of the band materially, particularly in catastrophic-injury cases.
Should I hire a Louisiana attorney for a personal injury claim?
For anything beyond a clear soft-tissue claim with admitted liability and modest damages, yes. Louisiana's fault rule and any applicable caps materially affect the calculus, and adjusters value represented claims significantly higher than unrepresented ones. Most Louisiana personal injury attorneys work on contingency (no fee unless you recover), with fees typically in the 33–40% range.

united states · sister site

Injured in Louisiana? See what your own claim could be worth.

FairSettlement, our US sister site, gives you a free estimate in about two minutes. No cost and no obligation.

Check my case

★ federal context

Back to United States

All injury bands, statutes, and procedural pathway at the US level.

★ the working

How we derive bands

Per-jurisdiction methodology, estimates, and known limits.

★ standing authority

Sources we cite

The statutes, guidelines and court sites the pages cite.

★ editorial note

This page summarises the Louisiana statutory framework as of 2026-05-09. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult an attorney qualified in Louisiana. See /methodology, /sources, and /disclaimer.

Personal injury inLouisiana.

Personal injury in
Louisiana.