Louisiana’s Statute of Limitations

When you’ve been injured in an accident, one of the most important things to know is how long you have to take legal action. Louisiana law places strict time limits on filing personal injury lawsuits, known as the statute of limitations. Missing these deadlines can mean losing your right to recover compensation, no matter how strong your case may be.

Below, we’ll break down Louisiana’s statute of limitations and what it means for your personal injury claim.

What Are “Statutes of Limitations”?

A statute of limitations is a legal deadline that dictates how long you have to file a lawsuit after an accident or injury. Every state sets its own timelines, and the rules can vary depending on the type of case.

These laws are designed to encourage people to pursue claims promptly while evidence is still fresh and witnesses’ memories are reliable. However, they also protect defendants from facing lawsuits years after an incident has occurred.

Statute of Limitations in Louisiana for Personal Injury

Recent legislation has changed the rules for most personal injury claims in Louisiana:

• House Bill 315, signed on June 3, 2024, became Act 423, with an effective date of July 1, 2024 
• This law replaced the prior one-year prescriptive period with a two-year prescriptive period for most delictual (tort) actions, including personal injuries.
• It also imposes a two‑year deadline for damage to immovable property, beginning when the owner knows or should have known about the damage
• Importantly, this extension is prospective only—it applies only to incidents occurring on or after July 1, 2024. Incidents before that date remain subject to the one‑year rule 

Can Louisiana’s Statute of Limitations Deadline Be Extended?

In general, no—Louisiana’s statutes of limitations are strict. However, here are two key points to keep in mind:

• The new two-year window gives litigants more time, but you still must act within that timeframe.
• Some claims remain unaffected by this change. For example, product liability and certain legacy claims (such as survival actions in toxic exposure cases) may still follow the old one-year rule

Other Louisiana Personal Injury Statutes of Limitations

While most personal injury claims in Louisiana now fall under the new two-year prescriptive period, there are important exceptions and special rules that you should know about. The type of case you’re filing can affect the deadline:

Wrongful Death

• A wrongful death lawsuit allows surviving family members to seek damages after a loved one’s passing caused by negligence.
• If the death occurred on or after July 1, 2024, you generally have two years from the date of death to file.
• However, if the underlying injury or exposure occurred before this law change, the old one-year limit may still apply.
  

Survival Actions

• Survival claims compensate the estate of the deceased for damages the victim suffered before death (such as medical expenses and pain and suffering).
• These claims can be tricky, especially in cases involving long-term exposure to toxins or asbestos, where courts often hold survivors to the one-year period from the date of injury discovery.
  

Product Liability

• Defective product claims, such as those involving dangerous drugs, faulty machinery, or defective auto parts, may still follow the one-year prescriptive period, particularly for incidents before July 1, 2024.
• Because product liability cases often involve large manufacturers and insurers, filing promptly is crucial to avoid prescription issues.
  

Property Damage vs. Personal Injury

• While most property damage cases now share the two-year prescriptive period, the clock usually starts when the owner knew or should have known of the damage.
• For example, if a hidden construction defect causes structural damage years later, the filing deadline may depend on when it was reasonably discovered.
  

Claims Against Government Entities

• If your personal injury involves a city, parish, or state agency, you may have shorter deadlines and notice requirements. In some cases, formal notice must be given within months of the incident to preserve your claim.
  

Medical Malpractice

• Louisiana has a separate set of rules for medical malpractice. Generally, you must file within one year of the act or discovery of the malpractice, with an absolute three-year cap from the date of the negligent act—no matter when you discovered it.

Where Do I File a Louisiana Personal Injury Lawsuit?

Most personal injury lawsuits in Louisiana are filed in the district court of the parish where the accident occurred or where the defendant resides. For example, if you were injured in New Orleans, your claim would typically be filed in Orleans Parish Civil District Court.

An experienced Louisiana personal injury lawyer can determine the correct court, file the necessary paperwork, and ensure your case is moving forward within the legal deadlines.

Contact a Louisiana Personal Injury Lawyer

If you’ve been injured in an accident, waiting too long can cost you your case. Louisiana’s statute of limitations gives you only a short window to act — often just one year.

At The Chopin Law Firm LLC, we understand how urgent these cases are. Our legal team will review your claim, explain the deadlines that apply, and take swift action to protect your rights.

Contact us online for a free consultation. Don’t let time run out on your chance for justice.