§ 13:5106 — Limitations

Louisiana § 13:5106

• Jurisdiction: Louisiana
• Title 13: Courts and Judicial Procedure

Text

§5106. Limitations
A. No suit against the state or a state agency or political subdivision shall be
instituted in any court other than a Louisiana state court.
B.(1) The total liability of the state and political subdivisions for all damages for
personal injury to any one person, including all claims and derivative claims, exclusive of
property damages, medical care and related benefits and loss of earnings, and loss of future
earnings, as provided in this Section, shall not exceed five hundred thousand dollars,
regardless of the number of suits filed or claims made for the personal injury to that person.
(2) The total liability of the state and political subdivisions for all damages for
wrongful death of any one person, including all claims and derivative claims, exclusive of
property damages, medical care and related benefits and loss of earnings or loss of support,
and loss of future support, as provided in this Section, shall not exceed five hundred
thousand dollars, regardless of the number of suits filed or claims made for the wrongful
death of that person.
(3)(a) In any suit for personal injury against a political subdivision wherein the
court, pursuant to judgment, determines that the claimant is entitled to medical care and
related benefits that may be incurred subsequent to judgment, the court shall order that a
reversionary trust be established for the benefit of the claimant and that all medical care and
related benefits incurred subsequent to judgment be paid pursuant to the reversionary trust
instrument. The reversionary trust instrument shall provide that such medical care and
related benefits be paid directly to the provider as they are incurred. Nothing in this
Paragraph shall be construed to prevent the parties from entering into a settlement or
compromise at any time whereby medical care and related benefits shall be provided, but
with the requirement of establishing a reversionary trust.
(b) Any funds remaining in a reversionary trust that is created pursuant to
Subparagraph (3)(a) of this Subsection shall revert to the political subdivision that
established the trust, upon the death of the claimant or upon the termination of the trust as
provided in the trust instrument. The trustee may obtain the services of an administrator to
assist in the administration of the trust. All costs, fees, taxes, or other charges imposed on
the funds in the trust shall be paid by the trust. The trust agreement may impose such other
reasonable duties, powers, provisions, and dispute resolution clauses as may be deemed
necessary or appropriate. Disputes as to the administration of the trust can be appealed to
the district court. Nothing in this Paragraph shall preclude the political subdivision from
establishing other alternative funding mechanisms for the exclusive benefit of the claimant.
The terms and conditions of the reversionary trust instrument or other alternative funding
mechanism, prior to its implementation, must be approved by the court. The parties to the
case may present recommendations to the court for the terms and conditions of the trust
instrument or other funding mechanism to be included in the order. Upon request of either
party, the court shall hold a contradictory hearing before granting a final order implementing
the reversionary trust or the alternative funding mechanism.
(c) In any suit for personal injury against the state or a state agency wherein the court
pursuant to judgment determines that the claimant is entitled to medical care and related
benefits that may be incurred subsequent to judgment, all such medical care and related
benefits incurred subsequent to judgment shall be paid from the Future Medical Care Fund
as provided in R.S. 39:1533.2. Medical care and related benefits shall be paid directly to the
provider as they are incurred. Nothing in this Subparagraph shall be construed to prevent the
parties from entering into a settlement or compromise at any time whereby medical care and
related benefits shall be provided but with the requirement that they shall be paid in
accordance with this Subparagraph.
C. If the state or a state agency or political subdivision is held liable for damages for
personal injury or wrongful death, the court shall determine:
(1) The amount of general damages exclusive of:
(a) Medical care.
(b) Related benefits.
(c) Loss of earnings and/or support.
(d) Loss of future earnings and/or support.
(2) The amount of medical care, related benefits and loss of earnings and/or support
to date of judgment.
(3) Whether the claimant is in need of future medical care and related benefits and
the amount thereof; and
(4) Whether there will be a loss of future earnings or support, and the amounts
thereof.
D. (1) "Derivative claims" include but are not limited to claims for survival or loss
of consortium.
(2) "Loss of earnings" and "loss of support" for the purpose of this Section means
any form of economic loss already sustained by the claimant as a result of the injury or
wrongful death which forms the basis of the claim. "Loss of future earnings" and "loss of
future support" means any form of economic loss which the claimant will sustain after the
trial as a result of the injury or death which forms the basis of the claim.
(3) "Medical care and related benefits" for the purpose of this Section means all
reasonable medical, surgical, hospitalization, physical rehabilitation, and custodial services,
and includes drugs, prosthetic devices, and other similar materials reasonably necessary in
the provision of such services.
(4) "Reversionary trust" means a trust established by a political subdivision for the
exclusive benefit of the claimant to pay the medical care and related benefits as they accrue,
including without limitation reasonable and necessary amounts for all diagnosis, cure,
mitigation, or treatment of any disease or condition from which the injured person suffers as
a result of the injuries, and the sequelae thereof, sustained by the claimant on the date the
injury was sustained. The trustee shall have the same fiduciary duties as imposed upon a
trustee by the Louisiana Trust Code. Nothing herein shall limit the rights of claimants to
contract with respect to attorney fees and costs.
E. The legislature finds and states:
(1) That judgments against public entities have exceeded ability to pay on current
basis.
(2) That the public fisc is threatened by these judgments to the extent that the general
health, safety, and welfare of the citizenry may be threatened.
(3) That the limitations set forth in this Section are needed to curb the trend of
governmental liability abuses, to balance an individual's claim against the needs of the public
interests and the common good of the whole society, and to avoid overburdening Louisiana's
economy and its taxpaying citizens with even more new and/or increased taxes than are
already needed for essential programs.
(4) That the purpose of this Section is not to reestablish any immunity based on the
status of sovereignty but rather to clarify the substantive content and parameters of
application of such legislatively created codal articles and laws and also to assist in the
implementation of Article II of the Constitution of Louisiana.
F. The provisions of this Section shall not apply to claims arising under R.S.
40:1237.1 et seq.
NOTE: See Acts 2005, No. 1, §§1 and 2.

Legislative History

Acts 1975, No. 434, §1; Acts 1985, No. 452, §1; Acts 1995, No. 828, §2; Acts 1996, 1st Ex. Sess., No. 63, §1, eff. May 9, 1996; Acts 2000, 1st Ex. Sess., No. 20, §1, eff. July 1, 2000; Acts 2005, No. 1, §1, eff. May 27, 2005; Acts 2010, No. 301, §1; Acts 2018, No. 178, §1.