Louisiana Personal Injury Laws
Louisiana follows pure comparative fault and has a uniquely short 1-year statute of limitations (prescriptive period) for personal injury claims. The state caps total medical malpractice damages at $500,000 (plus future medical expenses), with a patient compensation fund covering amounts above the primary liability limit. Louisiana's civil law heritage distinguishes its legal system from all other U.S. states.
Statute of Limitations
1 years
Fault Rule
Pure Comparative Fault
Non-Economic Damages Cap
No Cap
Fault Rule: Pure Comparative Fault
You can recover damages even if you are 99% at fault, but your award is reduced by your percentage of fault.
Average Settlement Amounts in Louisiana
Settlement amounts vary based on injury severity, liability, and other factors. Below are estimated average settlements for common injury types in Louisiana.
| Injury Type | Average Settlement |
|---|---|
| Car Accident | $20,000 |
| Slip and Fall | $16,000 |
| Dog Bite | $30,000 |
Key Louisiana Personal Injury Statutes
- •La. Civ. Code Ann. art. 3492 (prescriptive period, 1 year)
- •La. Civ. Code Ann. art. 2323 (pure comparative fault)
- •La. Rev. Stat. Ann. § 40:1231.2 (med mal total cap)
Damage Caps in Louisiana
Louisiana does not impose a general cap on non-economic damages in personal injury cases. This means there is no statutory limit on pain and suffering awards in most cases.
For medical malpractice cases specifically, Louisiana caps damages at $500,000.
Injury Claims in Louisiana
Learn more about specific injury types and how Louisiana law applies to each.
Major Cities in Louisiana
Personal injury attorneys in Louisiana serve clients in New Orleans, Baton Rouge, Shreveport, Metairie, Lafayette, and surrounding areas. If you have been injured in any of these cities, the same state laws described above apply to your claim.
This information is for educational purposes only and is not legal advice. Consult a licensed personal injury attorney in your state.