Louisiana Medical Malpractice Settlement Calculator
Estimate a medical malpractice settlement under Louisiana law. The calculator applies this jurisdiction's own comparative fault rule and damages ceilings, and every figure below is the one our verified data holds, with the statute behind it and the date we checked it.
What Louisiana law does to your claim
Four things in state law shape a malpractice claim: how long you have to file, what must happen before you file, what happens if you were partly at fault, and whether the state puts a ceiling on what a jury can award. Here is what we hold for this one.
La. Rev. Stat. 9:5628 requires filing within 1 year of the act or of discovery, and never more than 3 years from the act. We publish the 1-year period. Qualified-provider claims also go to a medical review panel first.
La. Rev. Stat. 9:5628·Last reviewed 2026-07-28
Louisiana uses pure comparative fault.
La. Civ. Code art. 2323·Source retrieved 2026-07-27
The Louisiana Legislature's site serves a statute through a search form; the section was not reached in this session. So this page does not say whether Louisiana requires a notice to the provider, an expert's affidavit or a review panel before a malpractice suit. That is a gap in our research, not a finding that nothing is required. Ask a licensed Louisiana attorney before you file.
None on record means our verified data holds no figure of this kind for this state. It is not a finding that no limit could apply to your claim.
What partial fault costs you in Louisiana
The same claim, fracture with surgery, several months of recovery, run through the calculator above four times, with nothing changed but the share of fault assigned to the claimant. The numbers are the engine's output, not an editorial claim about what these cases are worth.
One case, run through the calculator above four times with only the claimant's share of fault changed, under Louisiana law. No coverage ceiling is applied, because we would be inventing the at-fault party's policy. These shares illustrate the rule; they are not an estimate of your own fault.
Every Louisiana deadline we hold
A claim can be more than one kind of case, and the clock is different for each. These are the Louisiana periods in our verified data, with the statute behind each one. A deadline is the outside limit, never a target, and other rules can shorten it.
La. Civ. Code art. 3493.1 reads: "Delictual actions are subject to a liberative prescription of two years." Its source note reads: "Acts 2024, No. 423, §1, eff. July 1, 2024." The one-year article it replaced is printed as: "Art. 3492. Repealed by Acts 2024, No. 423, §2, eff. July 1, 2024." Which period governs an injury sustained before July 1, 2024 is not established here: the Act's transition rule was not read. If your injury was before that date, ask a licensed Louisiana attorney which period applies to your claim.
La. Civ. Code art. 3493.1·Last reviewed 2026-07-28
Open the personal injury calculatorLa. Rev. Stat. 9:5628 requires filing within 1 year of the act or of discovery, and never more than 3 years from the act. We publish the 1-year period. Qualified-provider claims also go to a medical review panel first.
La. Rev. Stat. 9:5628·Last reviewed 2026-07-28
Open the medical malpractice calculatorThe 1 year shown is the earliest a Louisiana wrongful-death deadline can fall, not the deadline itself, because the year runs from the death and a death can come after the injury. La. Civ. Code art. 2315.2(B) reads: "The right of action granted by this Article prescribes one year from the death of the deceased or two years from the day that injury or damage is sustained, whichever is longer." That wording took effect August 1, 2025 under Acts 2025, No. 176, and the Legislature's digest of the Act says: "Prior law provided a prescriptive period of one year for wrongful death actions." For a death caused by medical malpractice, art. 2315.2(F) reads: "The right of action granted by this Article for medical malpractice actions prescribes one year from the death of the deceased." Whether the two-year period reaches a death before August 1, 2025 is not established here. A date one year after the injury is the earliest your deadline can be, not the date it falls. Ask a licensed Louisiana attorney which period applies to your claim.
La. Civ. Code art. 2315.2(B)·Last reviewed 2026-09-24
Open the wrongful death calculatorLa. Rev. Stat. § 23:1209·Source retrieved 2026-07-27
Open the workers compensation calculatorLa. Civ. Code art. 3493.1 reads: "Delictual actions are subject to a liberative prescription of two years." Its source note reads: "Acts 2024, No. 423, §1, eff. July 1, 2024." The one-year article it replaced is printed as: "Art. 3492. Repealed by Acts 2024, No. 423, §2, eff. July 1, 2024." Which period governs an injury sustained before July 1, 2024 is not established here: the Act's transition rule was not read. If your injury was before that date, ask a licensed Louisiana attorney which period applies to your claim.
La. Civ. Code art. 3493.1·Last reviewed 2026-07-28
Open the slip and fall calculatorLa. Civ. Code art. 3493.1 reads: "Delictual actions are subject to a liberative prescription of two years." Its source note reads: "Acts 2024, No. 423, §1, eff. July 1, 2024." The one-year article it replaced is printed as: "Art. 3492. Repealed by Acts 2024, No. 423, §2, eff. July 1, 2024." Which period governs an injury sustained before July 1, 2024 is not established here: the Act's transition rule was not read. If your injury was before that date, ask a licensed Louisiana attorney which period applies to your claim.
La. Civ. Code arts. 2315, 2317.1, 2321; art. 3493.1·Last reviewed 2026-07-28
Open the dog bite calculatorLouisiana against the rest of the country
Every count below is read from our state-law data across all 51 jurisdictions, so it moves when the data does. What you will not find here is an average settlement figure: the only one we could compute is a model, and a model presented as a measurement is not a fact.
- 11 of the 51 jurisdictions we track apply the pure comparative negligence rule, and Louisiana is one of them.
- Its 1 year to file is shorter than the 2 years that 31 jurisdictions use, so there is less time than a reader comparing states might expect. Across the 51 jurisdictions the deadline for this case type runs from 1 year to 4 years.
- We have read the official text of 26 jurisdictions' rules on what must come before a malpractice suit, and 25 of them require something: a notice to the provider, an expert's affidavit, certificate or opinion, or a review panel. We have not read Louisiana's.
- 23 of the 51 jurisdictions limit medical malpractice non-economic damages in our data and Louisiana is not among them, so an estimate here is not held down by a ceiling we hold.
Comparisons are drawn from the legal levers that actually move a case value, not from closed-case data, which we do not hold. See the full methodology
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Every document behind our state injury law figures, each linked with the date we last read it, is listed on our State Injury Law research sources page.