When you file an injury case, it has to be filed within the “statute of limitations.” If you file too late, your case could be over before it begins.
The statute of limitations for most injury cases in Louisiana is 2 years. This comes under LSA-C.C. 3493.1. Cases filed later than 2 years are barred entirely, but some cases do have exceptions and different filing deadlines.
For help with your injury case, call Schoenfeld Law Firm’s Lafayette personal injury lawyers at (504) 688-7760.
Statute of Limitations for Injury Cases in Louisiana
Louisiana’s statute of limitations is found at LSA-C.C. 3493.1. This rule, technically called a “liberative prescription,” gives injury victims 2 years to file their claims.
Rule for Cases Before July 1, 2024
Louisiana actually extended the statute of limitations for injury cases on July 1, 2024. This rule applies to any injury that happened after that date, but injuries from before then still follow the old rule.
We are already past July 1, 2025 by the writing of this article, meaning that any injury case that would have used the old statute of limitations would have expired already unless it fell into an exception to the 1-year rule.
Exceptions for Certain Types of Cases
The statute of limitations applies generally to most injury cases, but the statute has a few exceptions listed, and a few other exceptions come under other laws:
Wrongful Death
Claims for a loved one’s death need to be filed within 1 year from the death or 2 years from the injury that ultimately killed them, whichever is later.
Medical Malpractice
Claims filed for a doctor or other provider’s mistakes, for misdiagnosis, and for other instances of medical malpractice must be filed within 1 year of the date you discovered the injury, with an outside limit at 3 years if it takes a while to discover the injury.
Criminal Actions
If your injury stems from a violent crime, you get 2 years to sue. This matches the current law for negligence claims, but it was also the law before July 1, 2024, so it might still be relevant for some injury cases.
Abuse of a Minor
Claims for abuse of a minor get 3 years from the day they turn 18.
Sexual Assault
You get 3 years to file sexual assault claims.
Certain Product Injury Cases
Claims filed for permanently disabling injuries to minors or people with serious mental disabilities have no filing deadline if the claim is based on certain product injuries.
Exceptions for Certain Circumstances
There are also two situations that could apply broadly to other cases, potentially extending your filing deadline:
Minors
Minors get until they turn 18 before the clock starts running on their case. Their parents can file on their behalf earlier, but minors cannot be expected to sue on their own until they are adults.
Discovery Rule
Some injuries and their causes cannot be discovered right away. For example, you might be unaware of the harm a dangerous product or chemical spill is causing you until it gets serious enough. If the injury is not immediately discoverable, then the statute of limitations does not start running until you discover it.
What Happens if You File Too Late?
You should contact a Louisiana personal injury lawyer as soon as you can to help with your case, because statutes of limitations are strict rules. If you file too late, your case is over.
You cannot revive a case that is filed too late. The court can also raise the statute of limitations issue on its own if the defense doesn’t raise it.
FAQs for Statutes of Limitations in Louisiana
What is a Liberative Prescription?
Louisiana’s legal system is a bit different from the systems in other states. While everyone else calls it a “statute of limitations,” we actually call this time limit rule a “liberative prescription” instead. Whatever you call it, it means the same thing: you only have a limited time to file.
When Does the 2 Year Period Start?
According to the statute, the 2-year clock starts on the day the injury/damage happens.
Did Louisiana Change Its Statute of Limitations?
Yes! The statute of limitations was 1 year for a long time, but that ended on July 1, 2024, when it was extended to 2 years by Act 423. This law was signed into law in June 2024.
Which Statute of Limitations Applies to My Case?
If your case is based on an accidental injury, the 2-year rule applies. For other cases like medical malpractice, the rule might be different.
The new and old statutes of limitations depend on the date of injury:
- If your injury happened before July 1, 2024, then you use the old 1-year rule.
- If your injury happened on or after July 1, 2024, you use the new 2-year rule.
What Happens if I Miss the Statute of Limitations?
In most cases, your claim is over, and you cannot file it. If there is an excuse – such as the discovery rule or fraud – you might be given an extension. This is why it is important to act quickly after an injury.
How Much Time Does My Lawyer Need to Prepare the Case?
If you contact a lawyer too late, they might not have enough time to file. Our attorneys can work quickly on some cases, but it is important to call your lawyer as soon as you can.
Some cases take a few weeks to put together for filing, while others may take months to prepare.
Does My Case Need to Finish by the Statute of Limitations Deadline?
Cases only need to be filed in court by the deadline; you can take longer to negotiate with the defense and actually take the case to trial. However, if there is anything that needs to be re-filed or you need to add other defendants, that all needs to happen before the filing deadline, too.
Call Our Louisiana Personal Injury Lawyers Today
Call Schoenfeld Law Firm’s New Orleans personal injury lawyers at (504) 688-7760 for your free case evaluation.
