Home › Personal Injury Laws by State › Louisiana Personal Injury Laws

Louisiana generally requires most personal injury lawsuits based on negligence to be filed within two years after the injury is sustained, under a recent change in Louisiana law; claims arising before that change took effect may be subject to the state's earlier one-year period. Louisiana law refers to these filing deadlines as prescriptive periods. Different rules, exceptions, and requirements apply to some kinds of claims, including medical malpractice claims and claims against governmental entities. This page cannot determine which deadline applies to any particular situation; only a licensed Louisiana attorney reviewing the facts can do that.

Louisiana generally follows an at-fault system for motor-vehicle injury claims. Liability ordinarily depends on who caused the collision. The compensation available in any particular matter generally depends on the injuries or losses involved and the insurance coverage that applies. How these rules apply in any individual situation depends on its facts, and if the parties involved cannot agree on liability, the court process may be necessary to resolve it.

Louisiana recently changed its shared-fault rules. For newer claims, Louisiana follows a modified comparative-fault rule: compensation may be reduced according to an injured person's share of fault, and recovery is generally barred when that person is found to bear the majority of the fault. Claims arising before the change took effect remain subject to Louisiana's earlier rule, under which a person's own fault generally reduced, but did not bar, recovery. Whether and how fault is attributed in any particular matter, and which rule applies, depends on its facts and may have to be determined by a court of law.

Louisiana generally requires vehicle owners to maintain liability insurance that meets minimum requirements established by state law. Insurers also generally provide uninsured/underinsured motorist coverage unless the policyholder rejects that coverage in writing on a state-prescribed form. The coverage available in any particular situation depends on the policies involved and current law.

Louisiana does not impose a general cap on compensatory damages in most personal injury cases, but state law does limit damages in specific kinds of claims, including medical malpractice claims and claims against governmental entities. Because these provisions and amounts may change, this page does not state a dollar figure or determine whether any limit applies to a particular matter.

Louisiana personal injury lawsuits may be filed in the state's district courts, which have general civil jurisdiction and are organized by parish, with city and parish courts handling some more limited civil matters. Many injury claims are resolved through insurance processes or negotiation without a lawsuit being filed. Which court, if any, would be appropriate depends on the nature of the claim, the relief involved, and other facts that a licensed Louisiana attorney can evaluate.

A licensed Louisiana attorney can explain how rules involving deadlines, fault, insurance, damages, and procedure may apply to a specific situation—something a general reference page cannot do. This platform helps injured people seek connections with participating local personal injury attorney offices in the Louisiana communities listed below, based on availability. Requesting a connection is free and carries no obligation to hire an attorney.