Louisiana trial judges can correct a jury award that is too low. In a crash that left a young mother with the mind of a child, the judge raised general damages from $575,000 to $3,575,000, and the court of appeal agreed.
Facts that decide a head & brain claim in Louisiana
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)
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)
$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. She suffered a severe and permanent closed head injury that left her with the mind of a child, needing supervision and interdiction. The jury put 30% of the fault on the state and 10% on her, awarded $725,608 in past medical costs and $3 million in future medical costs, but only $575,000 in general damages. The trial judge raised general damages by $3 million, and the court of appeal affirmed.
★ LA · head & brain · in practice
What changes the number here.
What actually moves a head & brain settlement in Louisiana.
1
Brain injury damages are measured by the life that is lost. The Falcon court accepted that a permanent injury leaving an adult needing supervision justified $3,575,000 in general damages, far above the jury’s figure.
2
Future care is often the largest item. The jury in Falcon awarded $3 million for future medical expenses, which needs life care planning evidence to prove.
3
Road design and obstructions can make the state liable. Falcon rested on a sign placed in the state’s right of way. Claims against public bodies are subject to the rules in R.S. 13:5106.
★ 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 head & brain settlement in Louisiana.
Medical malpractice cap
Med-mal claims
$500,000 total (Patient's Compensation Fund)
La. R.S. § 40:1231.2
★ head & brain · 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 head & brain claims.
Jurisdiction
Fault rule
Limitation
Head & brain 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 is a severe brain injury worth in Louisiana?
It depends on the effect on the person’s life. In Falcon v. Louisiana DOTD (2014), general damages of $3,575,000 were affirmed for a permanent closed head injury.
Can a judge increase a jury’s award in Louisiana?
Yes, through judgment notwithstanding the verdict or additur, as the trial judge did in Falcon.
Does the 2026 fault rule apply to brain injury claims?
Yes. A claimant 51% or more at fault recovers nothing under La. C.C. art. 2323 as amended effective 1 January 2026.
What is the statute of limitations for head & brain 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.
