New Louisiana Laws Affecting Personal Injury Lawsuits

Each year, the Louisiana Legislature passes bills to change existing laws and introduce new ones. They frequently affect both businesses and residents, as well as civil lawsuits. This year was no different.

On January 1, 2026, new laws took effect in Louisiana, two of which directly impact many of the cases Herman, Katz, Gisleson & Cain (HKGC) handles.

First, the state has moved to a comparative fault system, and our attorneys believe it places unfair limitations on victims and their ability to recover damages. There are several types of Louisiana personal injury lawsuits that this new legislation will affect, which we explain in detail.

Louisiana also introduced an amendment that limits the recovery of medical expenses. Victims will be awarded less for medical costs, so it’s crucial to have proper legal representation to ensure fair compensation for other damages is awarded.

While additional laws may be introduced in the coming years, some distinct challenges and limitations come with new legislation. It’s important for everyone throughout Louisiana to know their rights and how laws affect personal injury lawsuits they may file.

Louisiana’s New Modified Comparative Fault Standard

Louisiana now follows a modified comparative fault system instead of pure comparative fault, as outlined in the amendment to Civil Code Article 2323. What does this mean? Individuals who are found to be 51% or more at fault for an accident cannot recover damages. Those who are 50% or less at fault can, but they’re reduced based on their percentage of fault.

Previously, someone who was mostly at-fault for an accident could still seek damages from the other person or party responsible. Even if they were 95% responsible for an accident, they could recover 5% in damages. That’s no longer possible under Louisiana’s comparative fault system.

This is a considerable shift that will have a direct effect on car accident claims and other personal injury cases; it limits what can be recovered, and in many cases, seriously injured individuals will be barred from seeking compensation if they’re found to be 51% or more at fault.

What Types of Civil Lawsuits Does Louisiana’s Modified Comparative Fault Law Affect?

The impact of the new comparative fault system in Louisiana is widespread. The law may be applied to several types of civil lawsuits when liability is contested, including:

• Motor vehicle accidents
• Defective products
• Wrongful death
• Slip and falls (premises liability)
• Pedestrian accidents
• Medical malpractice
• Workplace accidents*

*Due to Louisiana’s workers’ compensation laws, comparative fault in workplace accident injuries only applies to certain cases, such as those involving third-party negligence.

Recovery Limits for Medical Expenses

Another law change that came into effect in Louisiana on January 1 limits recoverable medical expenses for injury victims. Essentially, the amended La. R.S. § 9:2800.27 limits what’s awarded injured victims for medical bills based on what an insurance company, Medicare, or Medicaid actually paid – not what was billed by the healthcare provider.

How does this change what’s recovered? The cost for medical services that hospitals and other providers bill is typically significantly higher than what ends up being paid. Now, juries are shown actual payments, which lowers recoverable medical expenses to those amounts, as well as out-of-pocket costs incurred from health insurance co-pays and deductibles.

Before the amendment, jurors were only shown what was billed, and personal injury victims would be compensated based on those numbers.

However, the new strict limitation does not apply to all injury lawsuits; medical malpractice cases, and auto accident claims that involve an insurance policy with “med pay” coverage involve other rules.

Why Louisiana’s New Laws Increase the Importance of Hiring a Personal Injury Lawyer

There are specific steps to file a Louisiana personal injury claim, and numerous factors affect these cases. Lawsuits of this kind have strict timelines and filing requirements, and it’s crucial to gather the appropriate and necessary evidence to demonstrate fault, losses, and the overall impact on a victim.

Now, as two new Louisiana laws add more complexity to several types of civil lawsuits, it’s more important than ever to consult with an attorney if you’re injured in an accident.

Comparative fault clearly demonstrates how much your actions did or didn’t contribute to the cause of an accident, which is crucial. Building a strong case that’s backed up with essential evidence of your level of fault can be the difference between being properly compensated and being barred from seeking damages or getting less than you deserve. A Louisiana personal injury attorney can ensure you receive proper compensation for your immediate and long-term needs.

While the amendment that limits recoverable medical expenses is believed by many to be fairer because it reflects actual payments to healthcare providers, it’s vital to have a legal team that can secure maximum compensation for other available damages. Certain types of damages are more difficult to put a value on and convince a jury of. But an experienced lawyer can help you get what you’re entitled to.

At HKGC, our personal injury attorneys have secured the compensation victims deserve for the financial, personal, physical, and emotional damages they’ve suffered. We know the depth an injury can have in the short- and long-term, and can protect you and your family’s future with compassionate, dedicated representation.

Contact us online or call 1-844-943-7626 for a free consultation.