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Personal injury in
Louisiana.

By 7 min read

Louisiana applies pure comparative negligence and substantially 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. The Civil Code applies pure comparative negligence under Article 2323. 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.

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
Pure comparative negligence

Pure comparative negligence under Louisiana Civil Code Article 2323. Recovery available at any percentage of fault.

LA · statutory caps

What caps recovery.

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

LA · key facts

What makes Louisiana different.

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

other US jurisdictions

Compare across United States.

How Louisiana compares to its sibling jurisdictions in United States on fault rule and limitation period.

JurisdictionFault ruleLimitation
Louisiana· you are herePure comparative negligence1 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 negligence2 years from date of injury
Alaska (AK)Pure comparative negligence2 years from date of injury or discovery
Arizona (AZ)Pure comparative negligence2 years from date of injury
Arkansas (AR)Modified comparative — 50% bar3 years for personal injury; 2 years for medical malpractice
California (CA)Pure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)
Colorado (CO)Modified comparative — 50% bar2 years for personal injury; 3 years for motor vehicle
Connecticut (CT)Modified comparative — 51% bar2 years from date of injury
Delaware (DE)Modified comparative — 51% bar2 years from date of injury
District of Columbia (DC)Pure contributory negligence3 years from date of injury
Florida (FL)Modified comparative — 51% bar2 years from date of injury (was 4; reduced by HB 837)
Georgia (GA)Modified comparative — 50% bar2 years from date of injury
Hawaii (HI)Modified comparative — 51% bar2 years from date of injury
Idaho (ID)Modified comparative — 50% bar2 years from date of injury
Illinois (IL)Modified comparative — 51% bar2 years from date of injury
Indiana (IN)Modified comparative — 51% bar2 years from date of injury
Iowa (IA)Modified comparative — 51% bar2 years from date of injury
Kansas (KS)Modified comparative — 50% bar2 years from date of injury
Kentucky (KY)Pure comparative negligence1 year for personal injury (one of the shortest in the US)
Maine (ME)Modified comparative — 50% bar6 years for personal injury — longest in the US
Maryland (MD)Pure contributory negligence3 years from date of injury
Massachusetts (MA)Modified comparative — 51% bar3 years from date of injury
Michigan (MI)Modified comparative — 51% bar3 years from date of injury
Minnesota (MN)Modified comparative — 51% bar6 years for personal injury (uncommonly long); 4 years for medical malpractice
Mississippi (MS)Pure comparative negligence3 years from date of injury
Missouri (MO)Pure comparative negligence5 years for personal injury; 2 years for medical malpractice
Montana (MT)Modified comparative — 51% bar3 years from date of injury
Nebraska (NE)Modified comparative — 50% bar4 years for personal injury; 2 years for medical malpractice
Nevada (NV)Modified comparative — 51% bar2 years for personal injury; 3 years for medical malpractice
New Hampshire (NH)Modified comparative — 51% bar3 years from date of injury
New Jersey (NJ)Modified comparative — 51% bar2 years from date of injury
New Mexico (NM)Pure comparative negligence3 years from date of injury
New York (NY)Pure comparative negligence3 years for personal injury; 2 years 6 months for medical malpractice
North Carolina (NC)Pure contributory negligence3 years from date of injury
North Dakota (ND)Modified comparative — 50% bar6 years for personal injury; 2 years for medical malpractice
Ohio (OH)Modified comparative — 51% bar2 years from date of injury
Oklahoma (OK)Modified comparative — 51% bar2 years from date of injury
Oregon (OR)Modified comparative — 51% bar2 years from date of injury
Pennsylvania (PA)Modified comparative — 51% bar2 years from date of injury
Rhode Island (RI)Pure comparative negligence3 years from date of injury
South Carolina (SC)Modified comparative — 51% bar3 years from date of injury
South Dakota (SD)Pure comparative negligence3 years from date of injury
Tennessee (TN)Modified comparative — 50% bar1 year from date of injury — among the shortest in the US
Texas (TX)Modified comparative — 51% bar2 years from date of injury
Utah (UT)Modified comparative — 50% bar4 years for personal injury; 2 years for medical malpractice
Vermont (VT)Modified comparative — 51% bar3 years from date of injury
Virginia (VA)Pure contributory negligence2 years from date of injury
Washington (WA)Pure comparative negligence3 years from date of injury
West Virginia (WV)Modified comparative — 51% bar2 years from date of injury
Wisconsin (WI)Modified comparative — 51% bar3 years from date of injury
Wyoming (WY)Modified comparative — 51% bar4 years from date of injury
LA · frequently asked

Common questions.

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

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.