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La. Rev. Stat. § 13:5106 (2026)

Limitations

✓ current as of May 2026
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§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.

           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, eff. August 15, 2010; Acts 2018, No. 178, §1, eff. August 1, 2018.

Notes of Decisions
Cited in 288 cases (62 in the last 5 years), 1974–2026 · leading case: Lockett v. STATE, DOTD, 869 So. 2d 87 (La. 2004).
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Lockett v. STATE, DOTD, 869 So. 2d 87 (La. 2004). · cites it 35× “R.S. 13:5106 limits the damages of the State in derogation of the general rights of tort victims, any ambiguities in the statute should be strictly construed against coverage.”
Chamberlain v. State, Through DOTD, 624 So. 2d 874 (La. 1993). · cites it 29× “[*] This case squarely presents the issue of the constitutionality of LSA-R.S. 13:5106(B)(1), [1] which imposes a $500,000 ceiling on general damages recoverable in a personal injury suit against the State of Louisiana, its agencies, or its subdivisions.”
Socorro v. City of New Orleans, 579 So. 2d 931 (La. 1991). · cites it 10× “00 by applying retroactively the provisions of LSA-R.S. 13:5106(B)(1). [1] Finding clear error in the district court's apportionment of fault because "a swimmer or diver has a primary duty to determine the safety of such inherently dangerous activities," the court of appeal held…”
Cooper v. Pub. Belt R.R., 886 So. 2d 531 (La. Ct. App. 2004). · cites it 21× “R.S. 13:5106 B(l). La. R.S. 13:5106 B(l) sets a $500,000.”
Brown v. Coregis Ins. Co., 752 So. 2d 347 (La. Ct. App. 2000). · cites it 23× “R.S. 13:5106 does not apply to their claims against Coregis and Mr.”
Fecke v. Bd. of Supervisors, 180 So. 3d 326 (La. Ct. App. 2015). · cites it 26× “Thus, the first issue before this court is whether any interest, attorneys fees, or costs are1 due and collectible by.”
Ly v. State Through Dept. of Pub. Saf. & Corr., 633 So. 2d 197 (La. Ct. App. 1993). · cites it 11× “Defendants assert that the trial court erred: (1) in finding Trooper Delatte at fault in causing the accident, (2) in its interpretation of the limitation on judgments in suits against the State as set forth in LSA-R.S. 13:5106, (3) in fixing the amount of damages, and (4) in…”
Iles v. Ogden, 37 So. 3d 427 (La. Ct. App. 2010). · cites it 12× “R.S. 13:5106, which states in pertinent part: B.”
Harper v. State ex rel. Dep't of Health & Hospitals, 176 So. 3d 479 (La. Ct. App. 2015). · cites it 13× “R.S. 13:5106”, 3) the trial court erred in denying the exception of no cause of action as to the civil rights claims because neither the State, nor its agencies constitute a “person,” 4) the jury committed manifest error “in failing to allocate fault to the [gOrleans Parish…”
Raj v. Louisiana State Univ., 714 F.3d 322 (5th Cir. 2013). · cites it 2× “Louisiana has expressly declined to waive its immunity under the Eleventh Amendment, see La.Rev.Stat. Ann. § 13:5106(A) (2010) (providing that “[n]o suit against the state or a state agency or political subdivision shall be instituted in any court other than a Louisiana state…”
Engles v. City of New Orleans, 872 So. 2d 1166 (La. Ct. App. 2004). · cites it 10× “R.S. 13:5106 states in pertinent part: § 5106.”
Brandy Lynn Fecke, Stephen C. Fecke, & Karen Fecke v. the Bd. of Supervisors of Louisiana State Univ. & Agric. & Mech. Coll., 217 So. 3d 237 (La. 2016). · cites it 20× “The fund shall consist of such monies transferred or appropriated to the fund for the purposes of funding medical care and related benefits that may be incurred subsequent to judgment rendered against the state or a state agency as provided by R.S. 13:5106 and as more…”
Show all 288 citing cases →
La. Rev. Stat. § 13:5106(A): 77 cases
Raj v. Louisiana State Univ., 714 F.3d 322 (5th Cir. 2013). “Louisiana has expressly declined to waive its immunity under the Eleventh Amendment, see La.Rev.Stat. Ann. § 13:5106(A) (2010) (providing that “[n]o suit against the state or a state agency or political subdivision shall be instituted in any court other than a Louisiana state…”
Shannon v. Vannoy, 251 So. 3d 442 (La. Ct. App. 2018).
In Re Allied-Signal, Inc. & Allied Corp., 919 F.2d 277 (5th Cir. 1990).
Mathai v. Bd. of Supervisors of Louisiana State Univ., 959 F. Supp. 2d 951 (E.D. La. 2013).
United States v. Louisiana, 196 F. Supp. 3d 612 (M.D. La. 2016).
La. Rev. Stat. § 13:5106(B): 19 cases
Dakmak v. Baton Rouge City Police Dep't, 153 So. 3d 498 (La. Ct. App. 2014).
Vanhoy v. United States, 514 F.3d 447 (5th Cir. 2008).
Vallien v. State Ex Rel. Dept. of Transp. & Dev., 812 So. 2d 894 (La. Ct. App. 2002).
Murphy v. City of New Orleans, 25 So. 3d 956 (La. Ct. App. 2009).
Jones v. Harris, 896 So. 2d 237 (La. Ct. App. 2005).
La. Rev. Stat. § 13:5106(B)(1): 58 cases
Chamberlain v. State, Through DOTD, 624 So. 2d 874 (La. 1993). “[*] This case squarely presents the issue of the constitutionality of LSA-R.S. 13:5106(B)(1), [1] which imposes a $500,000 ceiling on general damages recoverable in a personal injury suit against the State of Louisiana, its agencies, or its subdivisions.”
Socorro v. City of New Orleans, 579 So. 2d 931 (La. 1991). “00 by applying retroactively the provisions of LSA-R.S. 13:5106(B)(1). [1] Finding clear error in the district court's apportionment of fault because "a swimmer or diver has a primary duty to determine the safety of such inherently dangerous activities," the court of appeal held…”
Hood v. State Through DOTD, 587 So. 2d 755 (La. Ct. App. 1991).
Castille v. State ex rel. Dep't of Transp. & Dev., 758 So. 2d 823 (La. Ct. App. 2000).
Daigle v. City of Shreveport, 78 So. 3d 753 (La. Ct. App. 2011).
La. Rev. Stat. § 13:5106(B)(2): 9 cases
Lockett v. STATE, DOTD, 869 So. 2d 87 (La. 2004). “R.S. 13:5106 limits the damages of the State in derogation of the general rights of tort victims, any ambiguities in the statute should be strictly construed against coverage.”
Vallien v. State Ex Rel. Dept. of Transp. & Dev., 812 So. 2d 894 (La. Ct. App. 2002).
Ly v. State Through Dept. of Pub. Saf. & Corr., 633 So. 2d 197 (La. Ct. App. 1993). “Defendants assert that the trial court erred: (1) in finding Trooper Delatte at fault in causing the accident, (2) in its interpretation of the limitation on judgments in suits against the State as set forth in LSA-R.S. 13:5106, (3) in fixing the amount of damages, and (4) in…”
Williams v. Bd. of Supervisors of Univ. of Louisiana Sys., 135 So. 3d 804 (La. Ct. App. 2014).
Jenkins v. State Ex Rel. Dotd, 993 So. 2d 749 (La. Ct. App. 2008).
La. Rev. Stat. § 13:5106(B)(2)(1986): 1 case
Lockett v. STATE, DOTD, 869 So. 2d 87 (La. 2004). “R.S. 13:5106 limits the damages of the State in derogation of the general rights of tort victims, any ambiguities in the statute should be strictly construed against coverage.”
La. Rev. Stat. § 13:5106(B)(2)(1996): 1 case
Lockett v. STATE, DOTD, 869 So. 2d 87 (La. 2004). “R.S. 13:5106 limits the damages of the State in derogation of the general rights of tort victims, any ambiguities in the statute should be strictly construed against coverage.”
La. Rev. Stat. § 13:5106(B)(3): 5 cases
Cole v. State ex rel. Dep't of Transp. & Dev., 755 So. 2d 315 (La. Ct. App. 1999).
Nunez v. Com. Union Ins. Co., 774 So. 2d 208 (La. Ct. App. 2000).
Pike v. Calcasieu Par. Sch. Bd., 272 So. 3d 943 (La. Ct. App. 2019).
Pike v. Calcasieu Par. Sch. Bd., 272 So. 3d 943 (La. Ct. App. 2019).
Cole v. State Ex Rel. Dotd, 755 So. 2d 315 (La. Ct. App. 1999).
La. Rev. Stat. § 13:5106(B)(3)(a): 9 cases
Fecke v. Bd. of Supervisors, 180 So. 3d 326 (La. Ct. App. 2015). “Thus, the first issue before this court is whether any interest, attorneys fees, or costs are1 due and collectible by.”
Bass v. State, 167 So. 3d 711 (La. Ct. App. 2014).
Lemaire v. Est. of Harrington, 701 So. 2d 484 (La. Ct. App. 1997).
Langlinais v. Leblanc, 272 So. 3d 896 (La. Ct. App. 2019).
Langlinais v. Leblanc, 272 So. 3d 896 (La. Ct. App. 2019).
La. Rev. Stat. § 13:5106(B)(3)(b): 1 case
Lemaire v. Est. of Harrington, 701 So. 2d 484 (La. Ct. App. 1997).
La. Rev. Stat. § 13:5106(B)(3)(c): 14 cases
Fecke v. Bd. of Supervisors, 180 So. 3d 326 (La. Ct. App. 2015). “Thus, the first issue before this court is whether any interest, attorneys fees, or costs are1 due and collectible by.”
Paulsell v. State, Dep't of Transp. & Dev., 112 So. 3d 856 (La. Ct. App. 2012).
Bass v. State, 167 So. 3d 711 (La. Ct. App. 2014).
Royer v. State, Dep't of Transp. & Dev., 210 So. 3d 910 (La. Ct. App. 2017).
Brandy Lynn Fecke, Stephen C. Fecke, & Karen Fecke v. the Bd. of Supervisors of Louisiana State Univ. & Agric. & Mech. Coll., 217 So. 3d 237 (La. 2016). “The fund shall consist of such monies transferred or appropriated to the fund for the purposes of funding medical care and related benefits that may be incurred subsequent to judgment rendered against the state or a state agency as provided by R.S. 13:5106 and as more…”
La. Rev. Stat. § 13:5106(B)(3)(e): 1 case
Paulsell v. State, Dep't of Transp. & Dev., 112 So. 3d 856 (La. Ct. App. 2012).
La. Rev. Stat. § 13:5106(B)(l): 2 cases
James Williams & Loreng Crouch Versus State Farm Mut. Auto. Ins. Co., Charles Allen & State of Louisiana, Dep't of Pub. Saf. & Corr. C/W Charles Allen Versus James Williams, Loreng Crouch, Affirmative Cas. Ins. Co. & State of Louisiana, Dep't of Pub. Saf. & Corr. (La. Ct. App. 2021).
Charles Allen Versus James Williams, Loreng Crouch, Affirmative Cas. Ins. Co. & State of Louisiana, Dep't of Pub. Saf. & Corr. (La. Ct. App. 2021).
La. Rev. Stat. § 13:5106(BX1): 2 cases
Jenkins v. State Ex Rel. Dotd, 993 So. 2d 749 (La. Ct. App. 2008).
Jenkins v. State ex rel. Dep't of Transp. & Dev., 993 So. 2d 749 (La. Ct. App. 2008).
La. Rev. Stat. § 13:5106(C)(1)(d): 1 case
Brandy Lynn Fecke, Stephen C. Fecke, & Karen Fecke v. the Bd. of Supervisors of Louisiana State Univ. & Agric. & Mech. Coll., 217 So. 3d 237 (La. 2016). “The fund shall consist of such monies transferred or appropriated to the fund for the purposes of funding medical care and related benefits that may be incurred subsequent to judgment rendered against the state or a state agency as provided by R.S. 13:5106 and as more…”
La. Rev. Stat. § 13:5106(C)(l)(d): 1 case
Brandy Lynn Fecke, Stephen C. Fecke, & Karen Fecke v. the Bd. of Supervisors of Louisiana State Univ. & Agric. & Mech. Coll., 217 So. 3d 237 (La. 2016). “The fund shall consist of such monies transferred or appropriated to the fund for the purposes of funding medical care and related benefits that may be incurred subsequent to judgment rendered against the state or a state agency as provided by R.S. 13:5106 and as more…”
La. Rev. Stat. § 13:5106(D): 1 case
Paulsell v. State, Dep't of Transp. & Dev., 112 So. 3d 856 (La. Ct. App. 2012).
La. Rev. Stat. § 13:5106(D)(1): 2 cases
Fecke v. Bd. of Supervisors, 180 So. 3d 326 (La. Ct. App. 2015). “Thus, the first issue before this court is whether any interest, attorneys fees, or costs are1 due and collectible by.”
Brandy Lynn Fecke, Stephen C. Fecke, & Karen Fecke v. the Bd. of Supervisors of Louisiana State Univ. & Agric. & Mech. Coll., 217 So. 3d 237 (La. 2016). “The fund shall consist of such monies transferred or appropriated to the fund for the purposes of funding medical care and related benefits that may be incurred subsequent to judgment rendered against the state or a state agency as provided by R.S. 13:5106 and as more…”
La. Rev. Stat. § 13:5106(D)(2): 3 cases
Brandy Lynn Fecke, Stephen C. Fecke, & Karen Fecke v. the Bd. of Supervisors of Louisiana State Univ. & Agric. & Mech. Coll., 217 So. 3d 237 (La. 2016). “The fund shall consist of such monies transferred or appropriated to the fund for the purposes of funding medical care and related benefits that may be incurred subsequent to judgment rendered against the state or a state agency as provided by R.S. 13:5106 and as more…”
Fecke v. Bd. of Supervisors, 180 So. 3d 326 (La. Ct. App. 2015). “Thus, the first issue before this court is whether any interest, attorneys fees, or costs are1 due and collectible by.”
Cooper v. Pub. Belt R.R., 886 So. 2d 531 (La. Ct. App. 2004). “R.S. 13:5106 B(l). La. R.S. 13:5106 B(l) sets a $500,000.”
La. Rev. Stat. § 13:5106(D)(4): 3 cases
Engles v. City of New Orleans, 872 So. 2d 1166 (La. Ct. App. 2004). “R.S. 13:5106 states in pertinent part: § 5106.”
Miller v. Thibeaux, 184 So. 3d 856 (La. Ct. App. 2016).
Mitchell v. City of New Orleans, 187 F. Supp. 3d 726 (E.D. La. 2016).
La. Rev. Stat. § 13:5106(E): 9 cases
Lockett v. STATE, DOTD, 869 So. 2d 87 (La. 2004). “R.S. 13:5106 limits the damages of the State in derogation of the general rights of tort victims, any ambiguities in the statute should be strictly construed against coverage.”
Chamberlain v. State, Through DOTD, 624 So. 2d 874 (La. 1993). “[*] This case squarely presents the issue of the constitutionality of LSA-R.S. 13:5106(B)(1), [1] which imposes a $500,000 ceiling on general damages recoverable in a personal injury suit against the State of Louisiana, its agencies, or its subdivisions.”
Conerly v. State, 714 So. 2d 709 (La. 1998).
Brown v. Coregis Ins. Co., 752 So. 2d 347 (La. Ct. App. 2000). “R.S. 13:5106 does not apply to their claims against Coregis and Mr.”
Laday v. Doe, 59 So. 3d 516 (La. Ct. App. 2011).
La. Rev. Stat. § 13:5106(E)(3): 3 cases
Chamberlain v. State, Through DOTD, 624 So. 2d 874 (La. 1993). “[*] This case squarely presents the issue of the constitutionality of LSA-R.S. 13:5106(B)(1), [1] which imposes a $500,000 ceiling on general damages recoverable in a personal injury suit against the State of Louisiana, its agencies, or its subdivisions.”
Brown v. Coregis Ins. Co., 752 So. 2d 347 (La. Ct. App. 2000). “R.S. 13:5106 does not apply to their claims against Coregis and Mr.”
Feary v. Reg'l Transit Auth., 688 F. Supp. 1108 (E.D. La. 1988).
La. Rev. Stat. § 13:5106(E)(4): 3 cases
Chamberlain v. State, Through DOTD, 624 So. 2d 874 (La. 1993). “[*] This case squarely presents the issue of the constitutionality of LSA-R.S. 13:5106(B)(1), [1] which imposes a $500,000 ceiling on general damages recoverable in a personal injury suit against the State of Louisiana, its agencies, or its subdivisions.”
Williams v. State, Dept. of Health & Hospitals, 703 So. 2d 579 (La. 1997).
Castille v. State ex rel. Dep't of Transp. & Dev., 758 So. 2d 823 (La. Ct. App. 2000).
La. Rev. Stat. § 13:5106(a): 6 cases
Hall v. Louisiana, 974 F. Supp. 2d 978 (M.D. La. 2013).
Hall v. Louisiana, 974 F. Supp. 2d 944 (M.D. La. 2013).
Hall v. Louisiana, 983 F. Supp. 2d 820 (M.D. La. 2013).
Boston v. Tanner, 29 F. Supp. 2d 743 (W.D. La. 1998).
Hall v. Louisiana, 974 F. Supp. 2d 964 (M.D. La. 2013).
La. Rev. Stat. § 13:5106(b): 1 case
Iles v. Ogden, 99 So. 3d 1035 (La. Ct. App. 2012).
La. Rev. Stat. § 13:5106(b)(1): 1 case
Hollingsworth v. Bowers, 690 So. 2d 825 (La. Ct. App. 1996).
La. Rev. Stat. § 13:5106(b)(3)(c): 1 case
Iles v. Ogden, 99 So. 3d 1035 (La. Ct. App. 2012).
La. Rev. Stat. § 13:5106(b)(l): 1 case
Castille v. State ex rel. Dep't of Transp. & Dev., 758 So. 2d 823 (La. Ct. App. 2000).
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