Texting and Driving Accident Lawyer in New Orleans

Louisiana Deadlines and Fault Rules That Can Affect Your Claim

Two sets of rules decide many Louisiana claims before anyone argues about the facts. Louisiana’s prescription and comparative-fault rules have changed in recent years, so the date and circumstances of your crash can affect which rules apply.

Filing Deadlines

• Louisiana Civil Code Article 3493.1 generally provides a two-year prescriptive period for delictual injury claims, beginning when the injury or damage is sustained, subject to applicable statutory exceptions. (La. Civ. Code art. 3493.1, effective July 1, 2024)
• Wrongful death and survival claims run one year from the date of death or two years from the day the injury was sustained, whichever is longer (La. Civ. Code arts. 2315.1 and 2315.2)

Fault

• For claims governed by the current rule, you cannot recover damages at all if you are found 51% or more at fault (La. Civ. Code art. 2323, as amended effective January 1, 2026)
• If your share is below 51%, your recovery is reduced in proportion to that share

Insurance

• Louisiana requires minimum liability coverage of $15,000 per person, $30,000 per accident, and $25,000 for property damage (La. R.S. 32:900)
• If you were driving without the required coverage, Louisiana’s no-pay/no-play statute, La. R.S. 32:866, generally limits recovery for certain uninsured motorists by excluding the first $100,000 of bodily injury and property damage, subject to statutory exceptions.

That 51% line explains a lot of adjuster behavior. Shifting even part of the blame onto you is now worth far more to an insurer than it used to be. Deadlines also depend on the specific facts of your crash, so speak with a distracted driving injury lawyer in New Orleans before you assume the clock is on your side. Our New Orleans personal injury lawyers can explain how these rules apply to your situation.