The 2026 change to Louisiana’s fault rule is easiest to see in a fracture case. A driver who broke her spine, wrist and face was found 70% at fault and still recovered part of her damages under the old pure system. Under the new rule she would receive nothing.
Facts that decide a fracture claim in Louisiana
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
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)
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)
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. She suffered thoracic and lumbar spine fractures, multiple facial fractures and a left wrist fracture, and spent sixteen days in hospital. The jury found her 70% at fault and awarded $122,338.80 in medical costs but only $25,000 in general damages. The trial judge added $700,000; the court of appeal agreed the award was too low but cut the addition to $100,000, all subject to her 70% share of fault.
A woman fell at a bar and claimed a fractured kneecap and hip injuries. The surveillance video was not kept. The court upheld dismissal of her spoliation claim for lack of proof of intent, but reversed summary judgment on liability and sent the case toward trial.
★ LA · fracture · in practice
What changes the number here.
What actually moves a fracture settlement in Louisiana.
1
Run the new fault rule on your facts first. Spann recovered 30% of her damages while 70% at fault; for an injury on the law in force from 1 January 2026, the same finding would bar recovery entirely.
2
Multiple fractures support real general damages. The Spann court held $25,000 abusively low for spine, facial and wrist fractures, but also found that she was walking on her own within about four months, which limited the increase.
3
Ask for store video in writing at once. Tomlinson could not prove the footage was erased on purpose, so the loss of the video did not become a separate claim.
★ LA · 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)
★ LA · 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 · caps
What caps recovery.
Statutory caps that may bear on a fracture settlement in Louisiana.
Medical malpractice cap
Med-mal claims
$500,000 total (Patient's Compensation Fund)
La. R.S. § 40:1231.2
★ fracture · same region & fault regime
Compare to like jurisdictions.
How Louisiana's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for fracture claims.
Jurisdiction
Fault rule
Limitation
Fracture page
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
Each answer is independently coherent and references the relevant statute or authority document.
What happens to my fracture claim if I was mostly at fault in Louisiana?
Under La. C.C. art. 2323 as amended effective 1 January 2026, a claimant 51% or more at fault recovers nothing. In Spann (2018), decided under the old rule, a driver 70% at fault still recovered 30%.
Can a judge raise a low award for broken bones?
Yes. In Spann v. Gerry Lane (2018) the court held $25,000 in general damages too low for spine, facial and wrist fractures and added $100,000.
Is there a cap on fracture damages against the state or a city?
Yes. General damages against public bodies are capped at $500,000 under R.S. 13:5106; medical costs and lost wages are not capped.
What is the statute of limitations for fracture 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 tolling exception.
Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Louisiana. See /methodology, /sources, and /disclaimer.
