Pure Comparative Negligence
Louisiana follows pure comparative negligence, allowing recovery even if plaintiff is 99% at fault. Damages are reduced by plaintiff's percentage of fault. No bar to recovery regardless of fault percentage.
No Cap
No limit on non-economic damages
1 years for personal injury
Deadline to file your lawsuit
Louisiana follows pure comparative negligence, allowing recovery even if plaintiff is 99% at fault. Damages are reduced by plaintiff's percentage of fault. No bar to recovery regardless of fault percentage.
Example:
If plaintiff is 30% at fault for $100k damages, they recover $70,000. Even at 99% fault, plaintiff can recover 1% of damages.
Louisiana follows civil law (not common law) - unique legal system
$0
Based on reported cases in Louisiana
18,105
Personal injury lawsuits per year
Louisiana follows pure comparative negligence under La. C.C. Art. 2323. The state's civil law system (based on French law) creates unique procedural differences from common law states.
Louisiana's oil and gas industry has produced massive litigation, including the Deepwater Horizon disaster. The 2010 BP oil spill resulted in over $65 billion in cleanup, fines, and settlements.
The state has significant maritime injury litigation under the Jones Act and general maritime law, with New Orleans being a major hub for offshore worker claims.
Louisiana personal injury cases are filed in District Court, with 42 judicial districts. Orleans Parish (New Orleans) and East Baton Rouge Parish handle substantial civil litigation.
Louisiana follows the Louisiana Code of Civil Procedure. The state's civil law tradition creates unique procedural requirements different from common law states.
Louisiana courts use pretrial conferences and encourage settlement. The state's unique direct action statute allows suing insurers directly.
Louisiana attorneys are licensed by the Louisiana State Bar Association. Experience with Louisiana's civil law system and direct action statute is essential.
The Louisiana Association for Justice is the state's primary plaintiff attorney organization. Maritime and oil industry experience is particularly valuable.
Contingency fees typically range from 33-40%. Louisiana's direct action statute allows naming insurers as defendants, simplifying some claims.
Louisiana's statute of limitations for personal injury (called "prescription") is 1 year under La. C.C. Art. 3492—one of the shortest in the nation.
Medical malpractice has a 1-year prescriptive period with a 3-year maximum. Claims against Louisiana government entities have a 1-year limit under the Louisiana Governmental Claims Act.
This calculator provides estimates only and is not legal advice. Laws in Louisiana are complex and individual case results vary. Consult a licensed Louisiana attorney for advice specific to your case.