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Louisiana · Car accident · Updated

Car accident cases in Louisiana: the rules and the lawyers

The deadline to file, the fault rule and the other Louisiana rules that matter for a car accident case, each with the law it comes from. This is general information, not advice about your case.

We don’t list firms in Louisiana that take car accident cases yet.

At a glance

Checked 6 Nov 2026 · Not legal advice

Deadline to file

We don’t show Louisiana’s deadline here until we have checked it against the official text. Ask a lawyer, or each firm you call, which deadline applies to you.

If you were partly at fault

51% bar (from Jan. 1, 2026)

In Louisiana, from January 1, 2026, if you are found 51% or more at fault, you can’t recover. If you are less at fault, what you get is cut by your share.

Firms we list

0 firms

None yet for car accident cases.

Know this first

Step 1: Your deadline to file in court

We don’t show Louisiana’s deadline here until we have checked it against the official text. Ask a lawyer, or each firm you call, which deadline applies to you.

When the clock starts, and whether an exception applies, can depend on the facts. A lawyer can tell you your exact date.

If a government body was involved

Step 2: Claims against the state or a local government

If a government vehicle, government property or a public employee was part of what happened, a shorter notice or claim step may come first. Ask a lawyer about it early.

The law, as written

  • Claims against the state and political subdivisionsRequest service within 90 days

    In Louisiana, in any suit naming the state, a state agency or a political subdivision (or an officer or employee), service of citation must be requested within ninety days of commencement of the action, or of the amended or supplemental petition that first names that defendant, unless the defendant waives it in writing1.

    More detail

    Check the local rules and any standing order for your court.

How fault is counted

Step 3: If you were partly at fault

51% bar (from Jan. 1, 2026)

In Louisiana, from January 1, 2026, if you are found 51% or more at fault, you can’t recover. If you are less at fault, what you get is cut by your share.

Louisiana allocates fault among everyone who caused the injury, parties or not, and each tortfeasor generally pays only its own share.

The law, as written

  • Fault model51% bar (from Jan. 1, 2026)

    In Louisiana, under Civil Code art. 2323 as amended by Act 15 of 2025, a claimant whose negligence is equal to or greater than 51% recovers nothing, and a claimant below that is reduced in proportion to his own fault23. The enrolled act states that it becomes effective on January 1, 2026, and the compiled article credits Acts 2025, No. 15, §1, eff.

    More detail

    Before Act 15, Louisiana applied pure comparative fault.

If they were a minor

Step 4: If the injured person is a child

The clock can run differently for a child’s claim.

The law, as written

  • Minors and interdictsRuns against minors

    In Louisiana, prescription runs against minors and interdicts unless legislation establishes an exception4.

Next

Step 5: What to do with this

  • Write down the datesThe day you were hurt, the day treatment ended, and anything a government body or hospital sent you.
  • Ask a lawyer about your factsThese rules have exceptions that depend on details. A lawyer licensed in Louisiana can tell you which ones apply.
  • Ask each firmWhich deadline applies to me, does a notice need to go out, and by when?

After a car accident: the general guide

Plain steps after a crash: stay safe, get care, keep a record, talk to insurance companies carefully, and learn your state’s deadline to file.

What to do after a car accident

How to check a lawyer’s license in Louisiana

Each state keeps a public list of lawyers. Before you hire anyone, look the lawyer up by name and read what the listing says about their license. If it isn’t clear, call the office that keeps the list.

How to choose an injury lawyer

How we list firms

How we list firms

We don’t rank firms. Listing is free and doesn’t depend on buying anything.

Firms are listed for free, in A–Z order, when they say they take car accident cases. Every fact shows its source and date. We don’t recommend lawyers, and we don’t pass on your details.

How we list firms

Sources

Where the legal facts on this page come from

  1. La. R.S. 13:5107Louisiana State Legislature (official; host blocked from this session — located via search excerpts; current Louisiana Laws as shown on legis.la.gov, Nov. 2026) · read 6 Nov 2026Read the source: La. R.S. 13:5107
  2. La. Civ. Code art. 2323Louisiana State Legislature (official; host blocked from this session — located via search excerpts; current Louisiana Laws as shown on legis.la.gov, Nov. 2026) · read 6 Nov 2026Read the source: La. Civ. Code art. 2323
  3. 2025 La. Acts No. 15 (H.B. 431)Louisiana State Legislature (official; host blocked from this session — located via search excerpts; 2025 Regular Session enrolled act / digest) · read 6 Nov 2026Read the source: 2025 La. Acts No. 15 (H.B. 431)
  4. La. Civ. Code art. 3468Louisiana State Legislature (official; host blocked from this session — located via search excerpts; current Louisiana Laws as shown on legis.la.gov, Nov. 2026) · read 6 Nov 2026Read the source: La. Civ. Code art. 3468

This is general information, not legal advice.