Louisiana House Bill 436: What Personal Injury Victims Need to Know

If you or a loved one has been involved in a car accident in Louisiana, it’s critical to understand how personal injury compensation laws are changing. On May 28, 2025, Governor Jeff Landry signed House Bill 436, which significantly affects the rights of certain individuals injured in automobile accidents across the state.

Key Legal Update Effective August 1, 2025

Under this new law, Louisiana Civil Code Article 2315.12 will read:

“General damages and past and future wages shall not be awarded to an unauthorized alien in an action for damages arising from an automobile accident.”

This means if an individual is unlawfully present in the United States, they may no longer receive compensation for non-economic losses like pain and suffering, mental anguish, emotional distress, or loss of enjoyment of life, nor for lost wages, following a car accident in Louisiana—unless a key exception applies.

What Are General vs. Special Damages in Louisiana Injury Cases?

• General damages refer to subjective, non-monetary losses such as physical pain, emotional trauma, and diminished quality of life.

• Special damages, on the other hand, are calculable, and include past and future medical bills, property damage, and other measurable expenses.

Exceptions Under the Law

House Bill 436 does not apply to claims made against uninsured or underinsured motorist (UM/UIM) policies, provided the injured person (even if unauthorized) is listed as an insured under the policy. These types of auto insurance claims in Louisiana may still allow recovery of both general and special damages.

Furthermore:

• The law only applies to auto accident claims — it does not impact workplace injuries, premises liability, or non-auto personal injury cases in Louisiana.

• Medical expenses and property damage may still be recovered, even if other damages are barred.

• The law is not retroactive and applies only to accidents that occur on or after August 1, 2025.

Why This Matters for Louisiana Injury Victims

If you’re navigating a personal injury lawsuit in Louisiana, especially after a car crash, this change may affect your right to compensation. Whether you’re a U.S. citizen, legal resident, or an undocumented immigrant, knowing your rights is key.

At Godbey Giardina Law Group, our Louisiana car accident attorneys fight for the maximum compensation allowed under the law. We provide free consultations to assess your claim and help you understand your rights—especially in light of new legislation like HB 436.

Need Legal Help After a Car Accident in Louisiana?

Our team of Louisiana personal injury lawyers is here to help you understand how House Bill 436 may impact your injury claim. If you were injured in an auto accident, contact us today at (504)-318-8821 to discuss your case and explore your options for compensation.