Louisiana

Pre-Settlement Funding in Louisiana

If you have an active personal injury lawsuit in Louisiana, pre-settlement funding can provide a non-recourse cash advance against your case's expected value — no credit check, no monthly payments, and repayment only from your settlement if your case wins.

Louisiana's law changed in two major ways in the past two years: the filing deadline was extended from one year to two for accidents on or after July 1, 2024, and the state moved from pure comparative fault to a modified 51% bar for accidents on or after January 1, 2026. Which rules apply to your case depends on your accident date.

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Know the Law

Louisiana Personal Injury Law: What Affects Your Case

Louisiana is the only civil-law state in the country, with a legal system rooted in the Napoleonic Code — and two of its core personal injury rules changed within the past two years. Confirm which version of the law applies to your accident date before relying on older information.

Fault Rule	Modified comparative fault with a 51% bar for accidents on or after January 1, 2026 (La. Civ. Code art. 2323, as amended) — if you are found 51% or more at fault, you cannot recover. Accidents before that date remain under Louisiana's prior pure comparative fault rule, which reduces but does not eliminate recovery even if you are majority at fault.
Statute of Limitations	Generally 2 years from the date of injury for accidents on or after July 1, 2024 (La. Civ. Code art. 3493.1) — extended from Louisiana's longstanding 1-year prescriptive period. Accidents before July 1, 2024 remain subject to the prior 1-year deadline.
Damages Cap	No general cap on damages in standard personal injury cases. Medical malpractice claims are capped at $500,000 total, excluding future medical expenses, under the Medical Malpractice Act (La. R.S. 40:1231.2), with amounts above the provider's first $100,000 paid through the Patient's Compensation Fund.
Liability Rule	Several liability (La. Civ. Code arts. 2323 & 2324, as amended in 1996) — each defendant generally pays only their own percentage of fault rather than the full judgment. Solidary (joint-and-several) liability is preserved only for intentional or willful misconduct.
Litigation Funding Regulation	Louisiana's Litigation Financing Disclosure Act (2024) makes the existence of a litigation funding agreement subject to discovery in civil actions and bars funders from directing litigation or settlement decisions; a related law adds disclosure duties for foreign third-party funders.

Eligibility

Who Qualifies for Funding in Louisiana

Most active Louisiana personal injury cases with attorney representation can be reviewed for funding, including car accidents, trucking accidents, premises liability, and medical malpractice claims. Louisiana's position along the Gulf Coast also makes it a major hub for maritime and offshore litigation — Jones Act claims, Longshore and Harbor Workers' Compensation Act (LHWCA) claims, and offshore platform injury cases are all case types Caseflow Capital reviews for funding.

Because Louisiana recently changed both its filing deadline and its fault rule, funding review for a Louisiana case starts with confirming your accident date and which version of each rule applies before evaluating the case's expected value.

Why It Matters

Why Louisiana's 2024 and 2026 Law Changes Affect Case Value

Two of Louisiana's most consequential personal injury rules changed within the past two years, and which version applies depends entirely on your accident date. Cases arising on or after January 1, 2026 face a 51% fault bar — recover nothing if you're found majority at fault, the same hard line used in neighboring Texas. Cases from before that date keep Louisiana's older, more forgiving pure comparative fault rule, where recovery is reduced but not eliminated even if you're majority at fault. Confirming which rule applies is one of the first questions in evaluating a Louisiana case for funding.

Louisiana's extended 2-year filing deadline (up from 1 year, for accidents on or after July 1, 2024) gives plaintiffs more runway than under the prior rule, but cases tied to either cutoff date deserve extra care to confirm which version of the law governs them. As the only civil law state in the country, Louisiana also uses different terminology and procedural rules in places — "prescriptive period" instead of "statute of limitations," for example — though none of that changes funding eligibility itself.

Q&A

Frequently Asked Questions

Can I get funding if I was partly at fault for my Louisiana accident?

It depends on your accident date. For accidents on or after January 1, 2026, Louisiana uses modified comparative fault with a 51% bar — you cannot recover if you are found 51% or more at fault. For accidents before that date, Louisiana's prior pure comparative fault rule still applies, allowing recovery (reduced proportionally) even if you were majority at fault. Funding review accounts for which rule governs your case.

How long do I have to file a personal injury lawsuit in Louisiana?

Generally 2 years from the date of injury for accidents on or after July 1, 2024 — Louisiana extended its filing deadline from the historic 1-year period that had been in place for nearly two centuries. Accidents before July 1, 2024 remain subject to the prior 1-year prescriptive period. Confirm your specific deadline with your attorney.

Does Louisiana cap damages in my case?

Not in standard personal injury cases — there is no general cap on compensatory damages. The exception is medical malpractice: Louisiana caps total damages at $500,000, excluding future medical expenses, under the Medical Malpractice Act, with amounts above the provider's first $100,000 paid through the state's Patient's Compensation Fund.

Is litigation funding regulated in Louisiana?

Yes. Louisiana's Litigation Financing Disclosure Act (2024) makes the existence of a litigation funding agreement subject to discovery in civil actions and prohibits funders from directing or influencing litigation or settlement decisions. A related law adds disclosure requirements specifically for foreign third-party funders. Caseflow Capital's non-recourse structure already leaves every case decision with you and your attorney.

How fast can I get funding for a Louisiana case?

Most applications are reviewed within 24 hours of receiving your information and attorney confirmation.