How Louisiana Personal Injury Law Differs From Other States | GGLG

When you are injured in an accident, the laws that govern your personal injury claim can vary dramatically depending on where the accident happened. At Godbey Giardina Law Group, we focus on helping Louisiana injury victims get the compensation they deserve — and we know Louisiana’s legal system is unlike any other state’s.

Here are the key differences in Louisiana personal injury law that every accident victim should understand:

1. Louisiana Uses Civil Law — Not Common Law

Most states follow common law traditions, but Louisiana’s legal system is based on French and Spanish civil law. This impacts everything from how courts interpret statutes to how cases are presented at trial. It’s one reason why working with a Louisiana-based injury lawyer who understands our unique code is so important.

2. Shorter Deadlines to File a Claim

Louisiana has some of the shorter filing deadlines in the country. Louisiana calls these deadline prescriptive periods, but you may now the term that most other states use to describe these deadlines as statute of limitations.

• Most personal injury lawsuits like motor vehicle accidents must be filed within two year of the accident date.
• Property damage claims were recently extended to two years (as of July 2024).

Miss this deadline, and your right to recover damages may be lost forever — which is why contacting a lawyer quickly is critical.

3. Pure Comparative Fault System

Louisiana follows a pure comparative fault rule (until January 2026, when it changes to a modified system). This means:

• Even if you are 90% at fault, you can still recover 10% of your damages.
• Your compensation is reduced by your percentage of fault.

Many other states use a 50% or 51% bar, which blocks recovery if you are mostly at fault — so Louisiana currently gives more opportunities for injured people to recover something. Starting January 1, 2026, Louisiana will be moving toward other states and if you are determined to be 51% at fault you likely can not recover. However, always speak to an attorney as the fault percentage is an interpretation of the facts and the insurance company does not always get it correct. Also see our other blog on the topic.

4. Damage Caps Are Not Limited

While some states cap pain and suffering damages in personal injury cases, Louisiana generally does not — except in medical malpractice claims and cases against certain government entities. This means many injury victims here can pursue full compensation for pain, suffering, and emotional distress.

5. Community Property and Wrongful Death Claims

Because Louisiana is a community property state, marital property rights can affect how damages are awarded or divided. Also, Louisiana’s wrongful death statute has a specific hierarchy of who can file, which differs from other states.

Why These Differences Matter

Besides Louisiana having good food, these are just a few ways Louisiana law differs from other states. Understanding these unique rules can make the difference between winning and losing your case. Insurance companies know how to use Louisiana’s strict deadlines and fault rules to minimize payouts — and they act quickly. You should too.

Talk to a Louisiana Personal Injury Attorney Today

At Godbey Giardina Law Group, we help injury victims across Louisiana navigate these complex laws. Whether you were hurt in a car accident, trucking crash, slip and fall, or workplace incident, we fight to get you the compensation you deserve.

📞 Call us today at (985)590-4650 or fill out our form here for a free consultation. Don’t wait — the clock is ticking on your claim.