Louisiana Lawmakers Advance Legislation that Would Change Comparative Fault Laws – Find Out All About the Potential Changes to the Law Now

The 2025 Louisiana legislative session has seen with it a number of interesting bills and pieces of legislation that may impact the lives of Louisiana residents throughout the state. One of those pieces of legislation would aim to address Louisiana’s comparative fault law. This change in the law could, accordingly, change the way car accident lawsuits are handled in Louisiana, and could limit the recovery of those individuals who share more than half the fault in a Louisiana car accident case. But what exactly is the state of the law currently in Louisiana? And what are the proposed changes to Louisiana personal injury laws pending before the legislature? We answer those questions here.

Comparative Fault Under Louisiana Personal Injury Laws

Under Louisiana personal injury civil laws, “In any action for damages where a person suffers injury, death, or loss, the degree or percentage of fault of all persons causing or contributing to the injury, death, or loss shall be determined, regardless of whether the person is a party to the action or a nonparty, and regardless of the person’s insolvency, ability to pay, immunity by statute…or that the other person’s identity is not known or reasonably ascertainable.  If a person suffers injury, death, or loss as the result partly of his own negligence and partly as a result of the fault of another person or persons, the amount of damages recoverable shall be reduced in proportion to the degree or percentage of negligence attributable to the person suffering the injury, death, or loss.” In addition, the law states that, “…if a person suffers injury, death, or loss as a result partly of his own negligence and partly as a result of the fault of an intentional tortfeasor, his claim for recovery of damages shall not be reduced.” Accordingly, under the current law, if a car accident victim was also responsible for their car accident injuries – even mostly responsible – they may still recover money compensation from the other at-fault party. Current legislation that is now before the Louisiana Senate would change this. The proposed legislation would limit those victims who are 51% or more liable for their injuries from seeking damages. Baton Rouge republican Emily Chenevert stated of the law, “You’re 49%, 40%, you would get your percentage of fault. If someone else hurts you, you would get that percentage of fault. But if the person that caused the accident, the plaintiff causes the accident, and there are 51% or more [sic], you would not claim for damage.”

Getting Legal Help for Your Car Accident Injuries in Louisiana – Louisiana Personal Injury Lawyer

There is no doubt that Louisiana comparative fault laws are complex, and it is best to speak to an experienced Louisiana personal injury lawyer about your case as soon as possible to discuss your rights to recovery. If you are in the Louisiana area and you need legal help with your Louisiana personal injury case, contact the experienced Louisiana personal injury lawyers at the law firm Lunsford Baskin & Priebe, PLLC. Contact Lunsford Baskin & Priebe, PLLC and speak to a lawyer about your case now.

Source:

legis.la.gov/Legis/law.aspx?d=109387