Louisiana at a glance
Louisiana allows two years for delictual (tort) actions, a period that took effect July 1, 2024.[1][2] Starting January 1, 2026, a person found 51% or more at fault cannot recover.[3] Drivers must carry at least $15,000/$30,000 in bodily injury coverage.[4]
Filing deadlines
La. Civ. Code art. 3493.1
[d]elictual actions are subject to a liberative prescription of two years
Source: [1]
A federal court has explained that article 3493.1, “effective July 1, 2024, establishes that delictual actions are now subject to a liberative prescription of two years.”[2] Louisiana uses the term “prescription” for what other states call the statute of limitations. Because the two-year period took effect July 1, 2024, the date of the injury can matter.[2]
Shared fault
La. Civ. Code art. 2323(A)(2)(a)
If the degree or percentage of negligence attributable to the person suffering injury, death, or loss is equal to or greater than fifty-one percent, then the person suffering injury, death, or loss shall not be entitled to recover damages.
Source: [3]
This is modified comparative fault, often called the 51% bar. An injured person who is 50% or less at fault can recover damages reduced by their share; one who is more at fault than the parties the statute compares them to cannot recover. The Legislature notes this version was enacted by Acts 2025, No. 15, effective January 1, 2026.[3] Claims governed by the earlier version of article 2323 may be treated differently.
Auto insurance requirements
La. R.S. 32:900 requires coverage of “Fifteen thousand dollars because of bodily injury to or death of one person in any one accident, and … thirty thousand dollars because of bodily injury to or death of two” or more people, with a separate property damage minimum.[4] Louisiana is not one of the no-fault states.[5]
What this page does not cover
This page covers the main deadlines, fault rule, damage limits and auto insurance requirements. Statutes also contain exceptions, such as rules for minors, people who are incapacitated and claims discovered later, and special rules apply to medical malpractice and workers’ compensation. Always read the full statute at the official source linked below.
Frequently asked questions
How long do I have to file a head injury lawsuit in Louisiana?
A federal court has explained that article 3493.1, “effective July 1, 2024, establishes that delictual actions are now subject to a liberative prescription of two years.”[2] Louisiana uses the term “prescription” for what other states call the statute of limitations. Because the two-year period took effect July 1, 2024, the date of the injury can matter.[2]
This page provides general information about the law from the sources listed below. It is not legal advice, and reading it does not create an attorney-client relationship. Laws vary by state and change over time. See our legal disclaimer.
Sources
- La. Civ. Code art. 3493.1, as quoted in a U.S. District Court (M.D. La.) opinion. GovInfo. https://www.govinfo.gov/content/pkg/USCOURTS-lamd-3_24-cv-00102/pdf/USCOURTS-lamd-3_24-cv-00102-0.pdf
- U.S. District Court (E.D. La.) opinion discussing La. Civ. Code art. 3493.1 (2025). GovInfo. https://www.govinfo.gov/content/pkg/USCOURTS-laed-2_25-cv-01028/pdf/USCOURTS-laed-2_25-cv-01028-0.pdf
- La. Civ. Code art. 2323. Louisiana State Legislature. https://www.legis.la.gov/legis/law.aspx?d=109387
- La. R.S. 32:900. Louisiana State Legislature. https://legis.la.gov/Legis/Law.aspx?d=88632
- Insurance Information Institute. “Background on: No-fault auto insurance.” https://www.iii.org/article/background-on-no-fault-auto-insurance
Sources last checked: October 11, 2026
