When you’re injured in an accident, fault plays a major role in how much compensation you can recover. For decades, Louisiana has followed a pure comparative negligence system, which allows injured victims to recover damages even if they’re mostly responsible for the accident. However, that will change beginning January 1, 2026, when the state adopts a modified comparative negligence rule.
This shift will have a significant impact on personal injury cases across Louisiana. If you’re pursuing a personal injury case now (or expect to in the near future), it’s important to understand how these new rules work and what they mean for your rights. Keep reading to learn more.
Louisiana’s Current Comparative Negligence System
Under the current system, Louisiana law technically allows you to recover compensation for your injuries even if you’re 99% at fault. Your award is simply reduced by your percentage of fault.
For example, if you were awarded $100,000 in damages but found to be 60% at fault, you could still recover $40,000. This system is known as pure comparative negligence and is considered one of the most lenient fault standards in the country.
This law has allowed many injury victims (particularly those in complex or multi-vehicle car accidents) to recover at least a portion of their losses despite sharing some of the blame.
What Will Change in 2026
Starting in 2026, Louisiana will transition to a modified comparative negligence system. Under this new law, you can only recover damages if you are less than 51% at fault for the accident. If you are found to be 51% or more responsible, you will be barred from recovering any compensation.
Here’s what this means in practice:
- If you are 50% or less at fault, you can still recover damages, but your award will be reduced by your percentage of fault.
- If you are 51% or more at fault, you will receive no compensation at all.
This change will align Louisiana with the many other states that follow a modified comparative negligence framework, though some of those states have a 50% threshold instead of 51%. In comparison, relatively few states follow the pure comparative negligence framework that the state currently has in place.
How To Protect Your Rights Before and After 2026
If your accident happens before the new law takes effect, your claim will still be governed by Louisiana’s current pure comparative negligence standard. This remains true even if you file your claim after the law changes. However, accidents taking place after January 1, 2026, will be subject to the new modified rule.
Louisiana personal injury law is quickly evolving, as the state recently changed its statute of limitations for most cases from one year to two years. It’s best to contact a personal injury attorney as soon as possible after an accident takes place. That way, you can ensure your claim is filed appropriately and is set up for success from the start.
Contact Mansfield Melancon Car Accident and Personal Injury Lawyers for a Free Consultation With a Baton Rouge Personal Injury Lawyer
The shift from pure to modified comparative negligence will change how personal injury claims are handled in Louisiana. However, that doesn’t mean that you should lose hope about your case. You may still be entitled to substantial compensation from the responsible party.
For more information, please contact Mansfield Melancon Car Accident and Personal Injury Lawyers to schedule a free consultation with a personal injury lawyer today. We have three convenient locations in Louisiana, including Baton Rouge, New Orleans, Metairie and Lafayette.
We proudly serve East Baton Rouge Parish, Lafayette Parish, Orleans Parish, and its surrounding areas:
Mansfield Melancon Car Accident and Personal Injury Lawyers – Baton Rouge Office
404 Europe Street
Baton Rouge, Louisiana, 70124
(225) 263-4787
Mansfield Melancon Car Accident and Personal Injury Lawyers – New Orleans Office
365 Canal Street Suite 415
New Orleans, Louisiana, 70130
(504) 294-3804
Mansfield Melancon Car Accident and Personal Injury Lawyers – Lafayette Office
1318 Camellia Boulevard Suite 206
Lafayette, Louisiana, 70508
(337) 473-2991
Mansfield Melancon Car Accident and Personal Injury Lawyers – Metairie Office
111 Veterans Memorial Blvd, Suite 255
Metairie, Louisiana, 70005
(888) 601-0127