How long do I have to file a personal injury claim in Louisiana?

2 years from the date of injury for most personal injury claims [§ 3493.1]. Wrongful death: 2 years from the date of death [§ 2315.2]. Missing this deadline almost always bars the claim entirely.

What damages can I recover?

Medical expenses, lost wages, pain and suffering, and in some cases [def:punitive damages]. Louisiana imposes caps on certain categories of damages. [§ 40:1231.2]

Do I need a lawyer for a personal injury claim?

It's not legally required, but Louisiana's modified comparative fault (51% bar) rule and procedural requirements make these cases more complex than they may appear. Insurance companies have experienced adjusters and attorneys — having your own counsel levels the playing field.

What should I do immediately after an injury?

Get medical treatment and follow through on recommended care. Preserve evidence: photos, incident reports, witness names. Do not give recorded statements to insurance companies. Document all expenses and how the injury affects your daily life.

OverviewUpdated 2026-02-27

Louisiana Personal Injury Guide — Claims & Deadlines

Q: What is Louisiana's fault rule?

Modified comparative fault (51% bar) [§ 2323]. Louisiana follows modified comparative fault — damages are reduced by the injured person's percentage of fault, but if the injured person is 51% or more at fault, they recover nothing.

Negligence, fault rules, damages, and the deadline to file — what makes Louisiana injury claims different.

Jump to:

Car Accident Claims — What to Do Next Medical Malpractice — Requirements & Limits Wrongful Death Claims — Who Can File Personal Injury Statute of Limitations Personal Injury Damages — What You Can Recover Personal Injury Insurance Claims — How to File Slip & Fall — Premises Liability Claims

From Injury to Resolution

A personal injury claim starts the moment you are hurt and follows a path shaped by your state's fault rules, filing deadlines, and the insurance involved. The outcome depends on three things: whether someone else was at fault, whether you act within the legal deadline, and how well the harm is documented. Below is the general sequence — from the injury itself through resolution — with the key decision points that determine what a claim is worth and whether it survives.

⚠️

Injury Occurs

clock starts ticking

🏥

Medical Care

treat & document

📷

Preserve Evidence

photos, reports, witnesses

📋

Evaluate Claim

fault, damages, deadline

💬

Demand & Negotiate

insurance or lawsuit

⚖️

Resolution

settlement or verdict

Every case is different. Deadlines, fault rules, and damages vary by state. This is a general overview, not legal advice.

Louisiana's fault rule: Modified comparative fault (51% bar)

Louisiana follows modified comparative fault — damages are reduced by the injured person's percentage of fault, but if the injured person is 51% or more at fault, they recover nothing.

§2323

💡Louisiana Civil Code Art. 2323 (amended by Acts 2025, No. 15, eff. Jan. 1, 2026) establishes modified comparative fault. A plaintiff whose negligence is equal to or greater than fifty-one percent is barred from recovering damages; if less than fifty-one percent, recovery is reduced in proportion to the plaintiff's fault. Fault of all parties (including non-parties) is allocated by the trier of fact.

The deadline to file §3493.1

Louisiana's Statute of limitations for personal injury is 2 years from the date of injury §3493.1.

Louisiana uses 'prescription' rather than 'statute of limitations.' Delictual actions are subject to a liberative prescription of two years, commencing from the day that injury or damage is sustained (La. C.C. Art. 3493.1, added by Acts 2024, No. 423, eff. July 1, 2024 — causes of action arising before that effective date may remain governed by the former one-year period). Medical malpractice has its own period: 1 year from discovery or 3 years from the act ([La. R.S. § 9:5628]).

Louisiana recognizes a discovery rule — meaning the clock may start when the injury is discovered (or should have been discovered) rather than when it occurred §9:5628.

⚠Louisiana also has a 3-year statute of repose §9:5628 that sets an absolute outer limit, regardless of when the injury was discovered.

Louisiana personal injury at a glance

	Rule in Louisiana
Statute of limitations (PI)	2 years §3493.1
Statute of limitations (wrongful death)	2 years §2315.2
Fault rule	Modified comparative fault (51% bar) §2323
Damage caps	$500,000 per occurrence (plus future medical care) (medical malpractice total) §40:1231.2
Auto insurance minimums	15/30/25 §32:900

What you can recover

Medical expenses — past and future treatment, rehabilitation, prescription costs
Lost income — wages lost during recovery and reduced future earning capacity
Pain and suffering — physical pain, emotional distress, loss of enjoyment of life
Property damage — repair or replacement of damaged property

Louisiana imposes caps on certain types of damages, which affect the potential value of a claim §40:1231.2.

Common types of personal injury cases

Car and vehicle accidents

The most common personal injury claim. Louisiana requires minimum auto liability insurance of 15/30/25 §32:900.

Medical malpractice

Claims against healthcare providers who fail to meet the standard of care. Medical malpractice claims have additional procedural requirements that must be met before or at the time of filing.

Premises liability

Injuries on someone else's property due to unsafe conditions — slip and fall, inadequate security, hazardous conditions.

Wrongful death

When negligence causes death, surviving spouse and child or children share the first class — either the spouse or the child or children may sue if the other does not survive; then the surviving father and mother if no spouse or child survives; then brothers and sisters if no spouse, child, or parent survives; then grandfathers and grandmothers if no spouse, child, parent, or sibling survives. A parent who abandoned the deceased during his minority is deemed not to have survived him. The survival action ([La. C.C. Art. 2315.1]) is a separate cause of action. §2315.2.

What to do after an injury

Get medical treatment immediately and follow through — gaps in treatment undermine claims
Preserve evidence: photos, incident reports, witness names, and contact information
Do not give recorded statements to insurance companies before understanding your rights
Document everything: expenses, missed work, how the injury affects daily life

⚠If you have been seriously injured, do not assume you can wait to evaluate your options. Evidence deteriorates, witnesses become unavailable, and the statute of limitations is an absolute bar in most cases.

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