Personal Injury Statute of Limitations in Louisiana
November 14, 2018 @ 9:34 am
Updated on: January 5, 2026
When something bad happens, our instinct is to tell ourselves—or others—that everything will be okay. The problem is that when an accident does happen, we often have no way of knowing whether everything really will be okay a month from now, a year from now or ever.
For that reason alone, you should take any personal injury situation seriously as soon as it happens. Waiting until later may be too late, all thanks to your state’s statute of limitations on personal injury claims.
What Is a Statute of Limitations?
A statute of limitations is a law that limits the amount of time you have to seek action against someone for legal wrongdoing. Essentially, it sets an expiration date on what happened to you. If you don’t make a claim within the time limit, you won’t be able to make one at all.
Each state establishes its own deadlines for filing various types of civil and criminal legal cases. Personal injury claims are a specific type of lawsuit, and statutes of limitations can vary quite a bit from state to state with some time limits as short as one year versus others as long as six years. In Louisiana, the term “prescription” is used to describe legal deadlines instead of “statute of limitations,” but the concept is the same.
Statute of Limitations in Louisiana
Louisiana law now allows two (2) years to file most personal injury lawsuits.
Under Louisiana Civil Code article 3492, a person generally has two years from the date of injury to file a lawsuit arising from negligence, including claims involving:
- Car and truck accidents
- Motorcycle and pedestrian accidents
- Slip and fall injuries
- Defective products
- Other negligence-based personal injury claims
For example, if you are injured in a motor vehicle accident on January 1, 2025, you typically have until January 1, 2027, to file suit.
Important: This two-year prescriptive period applies to claims arising on or after July 1, 2024. Claims arising before that date may still be subject to the former one-year deadline.
In most cases, the statute of limitations “clock” begins on the date the injury occurs. However, Louisiana also recognizes the discovery rule in certain situations, which means the prescription period may begin when you discover the injury rather than the moment it happened. This can apply in cases where injuries or their causes are not immediately apparent, such as medical malpractice or chemical exposure cases.
Because the laws establish different prescription dates for different types of legal actions, it is always best to consult with an attorney as soon as possible if you intend to file a personal injury claim. Louisiana follows a civil law system rather than common law, so many of the rules surrounding personal injury claims (especially the statute of limitations) are found directly in the state’s Civil Code.
The Louisiana Civil Code outlines specific prescription periods for different types of claims, which is why it’s crucial to understand how the statute of limitations for personal injury in Louisiana differs from deadlines in other states.
Exceptions to Louisiana’s Personal Injury Statute of Limitations
While Louisiana’s two-year deadline (one year for injuries occurring before July 1, 2024) is strict, a few exceptions may extend or “toll” the prescription period. Here are a few examples of situations in which a change in period may occur:
- Cases Involving Government Agencies: These types of cases may have shorter or more complex deadlines, as determined by the jurisdictions involved.
- Cases Involving Concealed Injuries or Fraud: These cases may qualify for an extension under the discovery rule once more information comes to light.
Because these exceptions are narrowly interpreted under Louisiana law, speaking with a personal injury attorney quickly is still the safest approach when considering your options.
How to File a Personal Injury Claim
The very idea of taking legal action against someone (especially if that “someone” is a large company or organization) can at first seem scary or overwhelming. However, it may be the only way for you to get the medical care or other compensations you need to be able to provide for yourself and your family. The steps to make a claim are fairly simple:
- Contact an Attorney: If someone does something—or fails to do something—and it results in harm to you, consult a personal injury attorney. Most offer free initial consultations.
- Provide Honest and Complete Information to Your Attorney: He or she needs to be able to determine whether someone failed to act as a reasonable, responsible person should have in that situation. Your attorney will be able to identify exactly which rules or laws may have been broken. They will also be able to tell you what documentation they need to assemble a case and file a complaint for you.
- Your attorney will attempt to negotiate a settlement: Most cases are settled without going to trial. It will be up to you and your attorney, however, to determine if a settlement offer is fair based on the circumstances of your case.
If the other party refuses to offer a fair settlement, your personal injury attorney can take your case to trial. In court, your attorney will have the opportunity to prove that you were in fact harmed by the other person’s actions and that you deserve financial compensation to pay for credible expenses like lost pay, medical bills or future care.
Take Personal Injuries Seriously
Even seemingly simple physical injuries can take weeks to months to heal. For some traumas, months or years may pass before the full extent of an injury can be accurately assessed. In the meantime, memories can fade, details erode, witnesses relocate and evidence disappears.
All too easily, a case can become stale and lose its apparent credibility despite a victim’s injured status. To prevent that from happening, treat every personal injury situation seriously:
- First and foremost, if you need medical treatment for your injuries, you should promptly seek appropriate treatment.
- Write down your account of what happened as soon as possible. Include every detail.
- Keep written copies, documentation and points of contact for everything and everyone associated with your injury.
- Consult with an experienced personal injury attorney to assess your options.
Ready to Take Action?
The short statute of limitations for personal injury in Louisiana makes it especially important to act quickly. Even delays that seem small can limit your attorney’s ability to gather evidence and build a strong case.
Remember: you have a right to fair and equal treatment under the law, and that includes compensation for losses due to someone else’s negligence. Reach out to the legal team at Morrow, Morrow, Ryan, Bassett & Haik by visiting our website or calling us today at 800-655-4783 to schedule your free consultation.
