Accidents & Injuries in Louisiana

Louisiana Civil Code Article 3492 imposes a one-year prescriptive period — one of the shortest in the country. You must generally file your lawsuit within one year of the date of the accident. Unlike some states, Louisiana's one-year period is strictly applied, with limited exceptions. If your claim is against a government entity, the Louisiana Governmental Claims Act (La. R.S. 13:5101) also imposes a one-year notice requirement. Act promptly.

Louisiana Civil Code Article 2323 applies pure comparative fault. Even if you are substantially at fault, you can recover a proportional share of your damages. For example, if you are 60% at fault and your damages are $100,000, you could recover $40,000. There is no fault percentage that completely bars your claim. Louisiana requires fault to be allocated even to settling parties and non-parties.

No. Louisiana is a traditional tort (fault-based) state. The at-fault driver and their insurer are responsible for compensating accident victims. Louisiana does not require mandatory personal injury protection (PIP) coverage, but uninsured motorist coverage is required unless rejected in writing.

Louisiana is the only US state that operates under a civil law system derived from French and Spanish legal traditions, rather than English common law. Louisiana uses the term "prescriptive period" instead of "statute of limitations." Concepts like "delictual liability" (equivalent to tort liability) and specific Civil Code articles govern accident claims. Louisiana courts and procedures may differ significantly from common law states, making local legal counsel especially important.