Louisiana’s 2025 Tort Reform: What Injured Victims Need to Know
If you’ve been injured in an accident in Louisiana, the rules that govern your case are changing significantly. Governor Jeff Landry has signed into law what he calls “the largest tort reform effort in state history.” Here’s what you need to know about how these changes may affect your personal injury claim.
The New 51% Rule (Effective January 1, 2026)
Under the previous system, Louisiana followed a “pure comparative fault” rule. This meant that even if you were partially at fault for an accident, you could still recover damages reduced by your percentage of fault.
Starting January 1, 2026, Louisiana switches to a “modified comparative fault” system. If a jury finds you 51% or more at fault for the accident, you will be completely barred from recovering any compensation. This is a dramatic change that makes it even more important to have experienced trial lawyers on your side who can effectively present evidence showing the other party’s fault.
Extended Time to File Your Lawsuit
There is some good news in the reforms. Louisiana has extended the prescription period (statute of limitations) for personal injury claims from one year to two years. This applies to injuries occurring after July 1, 2024.
However, we still recommend contacting an attorney as soon as possible after an accident. Evidence can disappear, witnesses’ memories fade, and building a strong case takes time.
Changes to Medical Expense Recovery
Beginning January 1, 2026, juries will now see what insurance actually paid for your medical treatment, not just the amount billed. While you can still recover your out-of-pocket costs like co-pays and deductibles, this change may affect the total value of your claim.
What This Means for You
If you’ve been injured due to someone else’s negligence, these changes make it more important than ever to work with experienced trial lawyers who understand the new legal landscape. At Sartin Riché, we’re committed to fighting for the full compensation you deserve under these new rules.
Contact us today for a free consultation to discuss your case.