Louisiana is set to change its comparative fault rule in personal injury cases starting January 1, 2026. The state will transition from a pure comparative fault system to a modified comparative fault system with a 51% bar to recovery.
This legislative update, mandated by Louisiana House Bill 431, will significantly impact the handling of personal injury claims. Understanding these changes is crucial for anyone pursuing personal injury claims in Metairie or throughout Louisiana.
What Is Comparative Fault?
Comparative fault, also known as comparative negligence, determines the degree of responsibility each party holds in causing an accident. Under Louisiana’s current pure comparative fault system, a plaintiff may recover damages even if they are mostly at fault. For instance, if a plaintiff is found 75% responsible for causing a car accident, they can still recover 25% of the damages.
Key Change in 2026: Modified Comparative Fault
Starting in 2026, plaintiffs will be barred from financial recovery if they are found to be 51% or more at fault for the accident. The new law can be found in Louisiana Civil Code Art. 2323.
Under this new legislation, if a plaintiff in a personal injury lawsuit is found to be less than 51% at fault, they can receive damages that are reduced by their percentage of blame. However, if they are 51% or more at fault, the claim will be barred entirely, and they will receive nothing.
For example, suppose a jury awards the plaintiff in a personal injury case $250,000 for damages. However, the jury determines the plaintiff is 20% at fault. In this situation, the judge would reduce their damages award by 20% or $50,000.
However, let’s assume that the jury determines the plaintiff is 60% to blame for the cause of their injuries. Under the new law, the plaintiff would recover nothing for their damages.
What Accidents and Cases Are Affected by the New Comparative Fault Law in Louisiana?
The new rule applies only to personal injury lawsuits occurring on or after January 1, 2026. Accidents and injuries before this date will continue to be governed by the pure comparative fault rule, even if lawsuits are filed after 2026.
Impact on Personal Injury Claims and Settlements
Injury settlements in Louisiana can be substantial. However, with the new 51% fault bar, fault allocation will become more contentious, as crossing the fault threshold means no recovery is possible.
The new law applies to economic damages, including lost wages, out-of-pocket expenses, and medical bills. It also applies to non-economic damages, including emotional distress, disfigurement, pain & suffering, diminished quality of life, and permanent impairment.
Plaintiffs and their attorneys must work diligently to prove less than majority fault, especially in complex cases. They will need strong evidence proving fault and causation. Insurers and defendants may use the new law defensively to argue that plaintiffs bear 51% or more of the fault, thereby limiting claims.
Practical Advice for Personal Injury Claimants in Metairie, LA
If you have an accident or are injured after January 1, 2026, be particularly attentive to the assessment of fault. Do not admit fault at an accident scene or make assumptions about your degree of fault. The statements you make after an accident and to insurance companies could be used against you.
Seek legal counsel early on to evaluate the strength of your claims and fault allocation. Gather comprehensive evidence (i.e., witness statements, video, medical records, accident reports, etc.) to dispute the assessment of fault.
Contact Santana Blanchard Personal Injury Lawyers for a Free Consultation With a Metairie Personal Injury Lawyer
If you or a loved one is injured in an accident in Metairie after January 1, 2026, understanding these legislative changes can protect your right to compensation. Contact Santana & Blanchard Personal Injury Lawyers for a free consultation with a Metairie personal injury lawyer.
We proudly serve Louisiana and it’s surrounding areas, including Metairie, Gretna and Kenner.
Santana & Blanchard Personal Injury Lawyers
3500 N Hullen St Suite 17K
Metairie, LA 70002
(504) 323-6000
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