What Is the Personal Injury Statute of Limitations in Louisiana?

Every state has deadlines on the time that's allowed for filing lawsuits in court. Most states call these laws "statutes of limitations." Louisiana's statutes of limitations are called "prescriptive periods." File your lawsuit after the prescriptive period has expired and it's too late. For the sake of simplicity, we'll use the more familiar "statute of limitations" instead of "prescriptive period."

We walk you through Louisiana's personal injury statutes of limitations. In some circumstances, Louisiana law gives you extra time to file. We'll review some common examples. We close by explaining what you should do if you're worried that the statute of limitations for your case has expired, or is about to run out very soon.

Louisiana's General Rule: One Year From the Date of Injury

The statute of limitations for most Louisiana personal injury cases is La. Civ. Code Art. 3492 (2024). As a rule, you must file a personal injury lawsuit within one year, usually from the date you're injured.

Unless a more specific statute applies, this is the rule for lawsuits involving:

• car accidents
• slip-and-falls and other accidents caused by dangerous properties (a "premises liability" suit)
• dog bites
• most injuries caused intentionally by acts like assault, battery, or false imprisonment (but see "Crimes of Violence," below)
• injuries caused when someone makes a false statement of fact about you (a "defamation" case), and
• injuries caused by dangerous or defective products.

Other Louisiana Personal Injury Statutes of Limitations

Louisiana's general rule covers most, but not all, personal injury cases. Here are some other statutes of limitations you might encounter.

Medical Malpractice

Injured by a health care provider? You must file your Louisiana medical malpractice lawsuit within one year from:

• the date of the malpractice, or
• if later, the date you discovered the malpractice.

Louisiana puts a deadline on the time you have to discover your claim. The latest you can sue is three years from the date of the malpractice. (La. Rev. Stat. § 9:5628(A) (2024).)

(Find out more about Louisiana's medical malpractice laws.)

Wrongful Death

Personal injuries sometimes cause death. When that happens, the surviving family members might file a wrongful death lawsuit. The filing deadline is one year from the date of death. (La. Civ. Code. Art. 2315.2(B) (2024).)

(Learn about Louisiana wrongful death lawsuits.)

Crimes of Violence

When your injuries are caused by a crime of violence like aggravated assault or aggravated battery, you have two years to sue, beginning on the date you're injured. (La. Civ. Code. Art. 3493.10 (2024).)

Can Louisiana's Personal Injury Statutes of Limitations Be Extended?

Sometimes, yes, Louisiana law extends the statute of limitations deadline, giving you more time to file. Here are two common examples.

The Discovery Rule

In most personal injury cases, the statute of limitations starts running on the date you're injured. But what happens if you're not aware right away that you've been hurt? Your time to sue might tick away without you being aware you have a claim. That's not fair.

To address that situation, Louisiana has adopted the "discovery rule." For the rule to apply, you must prove you didn't know you were injured, and you couldn't have discovered your injury even if you'd diligently looked for signs and symptoms.

When the discovery rule applies, the statute of limitations doesn't run until the date you:

• actually discover your and injury and its likely cause, or
• should have discovered your injury and its likely cause.

(See Harvey v. Dixie Graphics, Inc., 593 So. 2d 351, 354 (La. 1992).)

Minors

Louisiana's general rule (discussed above) doesn't apply to minors—those younger than 18 years old—who haven't been emancipated. Instead, the statute of limitations starts on their 18th birthday (or the date they're declared legally emancipated). (See La. Civ. Code Art. 3492 (2024).)

What If You Miss the Filing Deadline?

If you're worried that the statute of limitations for your personal injury claim has expired—or will expire very soon—don't panic. Contact a Louisiana personal injury lawyer right away. Here's what you should ask:

• What is the statute of limitations for my case?
• Has the filing deadline expired, or is it about to run out very soon?
• If the time to file has passed, is there an extension that might give me more time?

Keep in mind that lawyers earn their living by favorably arguing the facts of their client's case. If there's a good faith argument that you should get more time, your lawyer will spot it. It might be a longshot, but some chance is better than none at all.

Now for the bad news. If the statute of limitations has expired and there's no extension you can rely on, your legal claim is dead. Nothing you do will bring it back to life. File a lawsuit and the court will dismiss it. As far as Louisiana is concerned, you don't have a claim.

You won't get any better result if you're still trying to negotiate a settlement without having filed in court. Once the statute of limitations runs out, you lose all your negotiating leverage. Absent the threat of a lawsuit, the defendant won't take you seriously. There's no way you can force them to pay you for your injuries, no matter how serious, permanent, or disabling they might be.

Get Help With Your Statute of Limitations Problem

Statute of limitations problems can be among the most complex and difficult in the law, and it's easy to make a costly mistake. In fact, most lawyers who don't regularly file lawsuits won't give advice about the statute of limitations because the risk of error is simply too great.

Don't take a chance with your case. Hire an experienced Louisiana personal injury attorney to help you navigate your way through the statute of limitations minefield. When you're ready to move forward, here's how to find a lawyer in your area.