Personal Injury Laws in Louisiana: Deadlines, Fault Rules & Damages

In Louisiana, you generally have two years from the date of an accident to file a personal injury lawsuit. That two-year "prescriptive period" — Louisiana law uses the civil-law term prescription instead of "statute of limitations" — comes from Louisiana Civil Code article 3493.1 and applies to injuries and property damage arising from an accident or wrongdoing (a "delictual action") that happened on or after July 1, 2024. Louisiana lengthened this deadline from a notoriously short one year to two years effective that date; injuries from before July 1, 2024 are still governed by the old one-year rule under former article 3492. Miss the deadline and, with rare exceptions, a Louisiana court will dismiss the case regardless of how strong it is.

Because Louisiana just changed both its filing deadline and its fault-sharing rule within the last two years, treat every number below as time-sensitive. Confirm the current text at the Louisiana State Legislature's official site before relying on it, especially if your injury happened before mid-2024 or before January 2026.

1. Louisiana's personal injury deadline (prescription)

General negligence claims — car crashes, slip-and-falls, dog bites, most everyday injury cases — carry a two-year prescriptive period under La. Civ. Code art. 3493.1, running from the day the injury or damage occurred. A related provision, La. Civ. Code art. 3493.3, sets the same two-year period for injuries arising from an act defined as a crime of violence.

• Medical malpractice has its own, separate limitations scheme under the Louisiana Medical Malpractice Act — do not assume the general two-year rule applies; confirm the current medical-malpractice deadline directly with a Louisiana attorney or the statute itself.
• Wrongful death and survival actions can run on a different clock than the injury claim. Confirm the current period rather than assuming it matches the general rule.
• Claims against the government are procedurally stricter (see below), even though the basic prescriptive period is the same two years.

Because this is a recent change, always verify the current text of article 3493.1 (and any newer amendment) before assuming two years applies to your situation.

2. Louisiana's fault-sharing rule: modified comparative fault, 51% bar

Louisiana determines fault under Louisiana Civil Code article 2323. As amended effective January 1, 2026, Louisiana moved from a "pure" comparative fault system to a modified comparative fault rule with a 51% bar:

• If you are found 51% or more at fault, you recover nothing.
• If you are found less than 51% at fault, your damages are reduced in proportion to your percentage of fault (e.g., 30% at fault means your award is cut by 30%).
• An exception preserves your full claim, without reduction, where your own negligence combines with an intentional tortfeasor's conduct.

This is a major change. From 1980 until this amendment, Louisiana used pure comparative fault, under which an injured person could recover a reduced award even if they were, say, 90% at fault. The new 51% bar applies to incidents on or after January 1, 2026; earlier incidents are still evaluated under the older pure-comparative rule even if the lawsuit is filed later. If your accident happened near that transition date, confirm which version of article 2323 a Louisiana court will apply.

3. Damage caps in Louisiana

Ordinary economic damages — medical bills, lost wages, future lost earning capacity — are not capped in a standard Louisiana negligence case such as a car crash or premises-liability claim, and neither are non-economic damages (pain and suffering) in those ordinary cases.

Medical malpractice is different. Under the Louisiana Medical Malpractice Act, the total amount recoverable from a qualified health care provider (and the state's Patient's Compensation Fund) for a malpractice claim is capped at $500,000 plus interest and costs, per La. R.S. 40:1231.2. This cap covers pain and suffering, lost wages, and similar damages, but future medical care is generally paid separately and not subject to the $500,000 ceiling. The cap has stood since the 1970s without a legislative increase, and lawmakers have repeatedly proposed raising or restructuring it — check the current legislative session for whether it has changed since this was written.

Punitive (exemplary) damages are unusual in Louisiana. Rooted in its civil-law tradition, Louisiana's general rule is that punitive damages are not available at all unless a specific statute authorizes them — the opposite default from most common-law states. The best-known exception, La. Civ. Code art. 2315.4, allows exemplary damages where a wanton or reckless intoxicated driver causes the injury. Louisiana has a small number of other narrow exceptions (for example, child sexual abuse or domestic violence); outside a statute that specifically authorizes them, do not expect punitive damages in an ordinary injury case.

4. Car insurance in Louisiana: at-fault (tort) state

Louisiana is an at-fault, or "tort," state for car insurance — it is not a no-fault/PIP state. The driver found responsible for a crash (and their liability insurer) is financially responsible for the other party's injuries and property damage, up to policy limits.

• Louisiana requires drivers to carry minimum liability coverage under La. R.S. 32:861, with the required amounts commonly summarized as "15/30/25": $15,000 bodily injury per person, $30,000 per accident, and $25,000 in property damage.
• Louisiana also has a "No Pay, No Play" law under La. R.S. 32:866. As amended effective August 1, 2025, an uninsured driver is generally barred from recovering the first $100,000 of their own bodily injury damages and the first $100,000 of their own property damage from the at-fault party, even when the other driver caused the crash — with exceptions (for example, a hit-and-run at-fault driver, or one who was intoxicated or committing certain crimes). If you were uninsured at the time of the crash, confirm exactly how this applies, since the thresholds changed recently.

Verify current minimums and any No Pay, No Play details with the Louisiana Department of Insurance before relying on a specific number, since these figures are set by statute and can be amended by the legislature.

5. Dog-bite rule in Louisiana: strict liability

Louisiana treats dog bites differently from most other animal-injury claims. Under La. Civ. Code art. 2321, the owner of a dog is strictly liable for injuries the dog causes that the owner could have prevented, so long as the injured person did not provoke the dog. You generally do not have to prove the owner knew the dog was dangerous before the bite (no "one bite" free pass for dogs specifically) — provocation is the main defense written into the statute. For animals other than dogs, article 2321 instead uses a negligence-based standard: the owner must have known or should have known the animal's behavior would cause damage, and the damage must have been preventable with reasonable care.

Claims against the government: shorter, stricter rules

Suing a city, parish, or the State of Louisiana is procedurally tighter than suing a private person, even though the basic prescriptive period is the same two years. Under La. R.S. 13:5107, once you file suit naming the state, a state agency, or a political subdivision (or one of their officers/employees), you must request service of citation on that defendant within 90 days of filing. Miss that window and the claim against the government defendant can be dismissed — simply filing the lawsuit does not, by itself, stop the prescription clock from running against that defendant. Additional procedural requirements may apply depending on the agency involved, so confirm the current procedure with a Louisiana attorney or the parish clerk of court as soon as possible if a government entity may be responsible for your injury.

Where to start: Louisiana state courts

Personal injury lawsuits in Louisiana are filed in state district court in the parish where the accident happened or where the defendant can be sued — Louisiana's parishes function like counties elsewhere. Louisiana's judicial branch maintains court information through the Louisiana Supreme Court's website, which links to district, appellate, and other court resources. Smaller-dollar disputes may be handled in a parish's city court or justice of the peace court; check with the relevant clerk of court for jurisdictional dollar limits.

What to do in Louisiana

1. Get medical care and document the injury. Prompt treatment protects your health and creates the medical record that supports your claim.
2. Identify every potentially responsible party — another driver, a property owner, a dog owner, a government entity — since the rules and deadlines can differ by defendant.
3. Note the exact date of the injury. Louisiana's two-year prescriptive period runs from that date, and the applicable version of the comparative-fault rule can depend on whether the incident was before or after January 1, 2026.
4. If a government entity may be at fault, move quickly and be prepared for the 90-day service requirement under R.S. 13:5107 once suit is filed.
5. Report the accident to your insurer and, for a car crash, understand Louisiana's at-fault system and whether "No Pay, No Play" limits could apply to your own recovery if you were uninsured.
6. Confirm current law before you rely on any deadline or number in this article — check the cited Louisiana Civil Code articles and Revised Statutes directly at legis.la.gov, or consult a Louisiana attorney, since Louisiana has changed several of these rules within the past two years.

This article is general information about Louisiana law as of publication, not legal advice; confirm current deadlines and rules with the official Louisiana statutes or a Louisiana attorney before acting.