New Comparative Fault Law: House Bill 431 Overview

Big changes are coming to Louisiana’s personal injury law. House Bill 431 updates how fault is assessed in accident cases and how that affects your ability to recover damages. The new law takes effect on January 1, 2026.

What Is House Bill 431?

House Bill 431 updates Louisiana’s system for assigning fault in injury cases. This system—called comparative fault—decides how much each party is responsible for the accident and how that affects compensation.

Right now, Louisiana uses a pure comparative fault system. That means even if someone is 99% at fault, they can still recover 1% of their damages.

But starting in 2026, Louisiana will switch to a modified comparative fault system.

What’s Changing Under the New Law?

Under the new law:

• If you are 51% or more at fault, you cannot recover any damages.
• If you are 50% or less at fault, you can still recover, but your damages will be reduced based on your share of the blame.

Example:
If a court awards $100,000 and you're 30% at fault, you would receive $70,000. But if you're 55% at fault, you get nothing.

Why Does This Matter?

This change could have a serious impact on personal injury cases where blame is unclear or shared. In the past, even someone mostly at fault could still get some compensation. Now, going over the 51% line means getting nothing.

Insurance companies may try to use this new rule to argue that injury victims bear most of the blame—cutting off their right to recover damages. That’s why building a strong case matters more than ever.

How Could This Affect Your Injury Case?

If you’ve been hurt and think you may share some fault, this law could be the difference between getting compensated—or walking away with nothing.

At Fisher Injury Lawyers, we’re ready for this shift. We know how to defend our clients against unfair blame and push back when insurers try to dodge responsibility.

This law doesn't change how we fight—it just makes having the right lawyer even more important.

Worried About Fault in Your Case? Let’s Talk.

Even if you think you were partially responsible for your accident, you may still have a valid claim—and under the current law, you might be entitled to recover damages.If you’ve been hurt and want to understand how these changes might impact your case, don’t wait. Reach out to Fisher Injury Lawyers today.

Contact us today for a free consultation.