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How Pre-Settlement Funding Works in Louisiana
Pre-settlement funding works the same basic way in Louisiana as anywhere else — a non-recourse cash advance against the expected value of a pending case — but two features of Louisiana law make the timing and review process worth understanding: the state's unusually short one-year prescriptive period, and its pure comparative fault rule.
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Louisiana's One-Year Deadline Affects Funding Timelines
Louisiana calls its statute of limitations a "prescriptive period," and at one year from the date of the accident, it is among the shortest in the country — most states allow two to three years. This means Louisiana cases often move through filing and early litigation faster than in other states, and funding companies reviewing a Louisiana case pay close attention to where the case stands relative to that deadline.
Know the Law
How Louisiana's Pure Comparative Fault Rule Affects Case Value
Louisiana uses a pure comparative fault system: a plaintiff can recover damages even if they are majority at fault for the accident, with their recovery reduced by their percentage of fault. This is more forgiving than the modified comparative fault rules used in neighboring states like Texas, where a plaintiff who is more than 50% at fault recovers nothing at all.
For funding purposes, this means a Louisiana case with some disputed fault is not automatically disqualified the way a similar case might be in a modified-comparative-fault state — though the percentage of fault still directly affects the case's expected value.
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Louisiana's Maritime and Offshore Industry
Louisiana is a major hub for maritime and offshore litigation, given its position along the Gulf Coast. Jones Act claims, LHWCA claims, and offshore platform injury cases are common, and Louisiana's status as a civil law state (the only one in the country, rooted in the Napoleonic Code) affects certain procedural rules, though it does not change funding eligibility.
Q&A
Frequently Asked Questions
How long do I have to file a personal injury lawsuit in Louisiana?
Louisiana's prescriptive period for most personal injury claims is one year from the date of the accident — shorter than most states. It's important to confirm your filing deadline with your attorney as early as possible.
Can I get funding if I was partly at fault for my accident in Louisiana?
Often, yes. Louisiana's pure comparative fault rule allows recovery even when a plaintiff is majority at fault, with damages reduced proportionally. Funding eligibility depends on the overall expected value of the case, including the fault percentage.
Does Louisiana's civil law system affect pre-settlement funding?
No. Louisiana's civil law tradition affects certain legal procedures and terminology, but it does not change how pre-settlement funding works or how Caseflow Capital reviews a case.
Does Caseflow Capital fund maritime and offshore cases in Louisiana?
Yes. Louisiana has a high volume of Jones Act, LHWCA, and offshore platform injury cases, and Caseflow Capital reviews these case types for funding.
How fast can a Louisiana case be reviewed for funding?
Caseflow Capital aims to complete most reviews within 24 hours of receiving the application and attorney confirmation, the same as in any other state Caseflow serves.
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Ready to Apply?
If you have an active personal injury or maritime case in Louisiana, Caseflow Capital can review your application for pre-settlement funding — most reviews are completed within 24 hours.