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Disclaimer: This article provides general legal information about Louisiana’s prescriptive periods and is not intended as legal advice. Filing deadlines depend on the specific facts of your case. Consult a licensed Louisiana attorney to determine which deadline applies to your situation. Missing a filing deadline can permanently prevent you from recovering compensation.
In Louisiana, you generally have two years from the date of the injury to file a personal injury lawsuit.
Louisiana law imposes strict time limits—called prescriptive periods—on your right to pursue compensation. If you miss the deadline that applies to your case, the court will almost certainly dismiss your claim, and you will lose your right to recover damages forever.
In Louisiana, the legal deadline for filing a lawsuit is called the “prescriptive period.” This is Louisiana’s equivalent of what other states call the statute of limitations.
Once the prescriptive period expires, your claim becomes “prescribed”. And you lose the legal right to file a lawsuit, even if you have a strong case and suffered serious injuries.
The prescriptive period begins running on the date your injury occurs or, in some cases, on the date you discover or should have discovered the injury.
For most personal injury cases in Louisiana, you have two years from the date of injury to file a lawsuit.
This deadline was established by Act No. 423, which took effect on July 1, 2024, and created Louisiana Civil Code Article 3493.1. The law states that delictual actions (tort claims) are subject to a liberative prescription of two years, beginning on the day injury or damage is sustained. This was a major change in Louisiana law going forward.
The two-year prescriptive period applies to most common types of personal injury cases, including:
The two-year prescriptive period applies only to injuries that occurred on or after July 1, 2024. If your accident happened before that date, the previous one-year prescriptive period still applies to your case.
For almost 200 years, Louisiana had one of the nation’s shortest filing deadlines: one year from the injury date. If your accident happened before July 1, 2024, this one-year deadline still applies to your case.
If you were injured on June 30, 2024, you have until June 30, 2025, to file your lawsuit. But if your accident happened one day later—on July 1, 2024—you have until July 1, 2026.
If you are not sure which prescriptive period fits your case, talk to an attorney right away. The difference between a one-year and a two-year deadline could determine whether you have any legal recourse at all.
Medical malpractice claims in Louisiana have a shorter and more complex prescriptive period than general personal injury claims.
According to Louisiana Revised Statutes Section 9:5628, you must file a medical malpractice lawsuit within one year of the alleged act, omission, or neglect. This period also starts from when you discovered or should have discovered the injury.
Additionally, Louisiana law sets an absolute limit: you cannot file a medical malpractice lawsuit more than three years after the alleged malpractice, no matter when you learned about or discovered the injury.
For example, if a surgeon left a medical device inside you during a procedure, the one-year period starts when you discovered or should have discovered the issue. It does not start on the surgery date. But, if you had the surgery over three years ago, your claim is likely barred, even if you just found out about the problem.
Medical malpractice claims also follow the Louisiana Medical Malpractice Act. This law requires most claims to go before a medical review panel before you can file a lawsuit. This process can take a lot of time, so it is important to act without delay.
When someone dies because of another party’s negligence or wrongful conduct, Louisiana law allows certain family members to pursue two types of claims: wrongful death actions and survival actions.
Wrongful death actions under Louisiana Civil Code Article 2315.2 compensate surviving family members for their own losses resulting from the death. These losses include loss of love and companionship, loss of financial support, funeral and burial expenses, and mental anguish.
The prescriptive period for wrongful death actions is one year from the death of the deceased or two years from the day that injury or damage is sustained, whichever is longer. This means the prescriptive period could extend beyond one year from death if the injury occurred more than one year before death.
For example, if a person was injured in an accident on January 1, 2024, and died from those injuries on June 1, 2024, the prescriptive period would be the longer of: (1) one year from death (June 1, 2025), or (2) two years from the date of injury (January 1, 2026). In this case, the deadline would be January 1, 2026—the longer period.
But medical malpractice wrongful death actions are an exception. Under Louisiana Civil Code Article 2315.2(F), medical malpractice wrongful death actions prescribe one year from the death of the deceased, without the extended period.
Survival actions under Louisiana Civil Code Article 2315.1 allow the deceased person’s estate to recover damages that the decedent could have claimed if they had survived.
These damages include pain and suffering experienced before death, medical expenses, and lost wages. Survival actions prescribe one year from the death of the deceased or two years from the day that injury or damage is sustained, whichever is longer.
The prescriptive period for medical malpractice survival actions is governed by La. R.S. 9:5628.
The strict deadlines for wrongful death and survival claims create urgency for grieving families who must make legal decisions during an emotionally difficult time.
If you have lost a loved one due to someone else’s negligence, consulting with an attorney as soon as possible helps ensure your rights are protected while you focus on your family.
If your injury was caused by a government entity—such as a state agency, parish, city, or government employee acting in their official capacity—special rules and deadlines may apply.
Under Louisiana Revised Statutes Section 13:5107, claims against the state or its agencies generally must be filed within one year. You may also be required to provide written notice to the appropriate government office before filing a lawsuit.
Claims against local governments may have additional procedural requirements that vary depending on the entity involved. An experienced attorney can help identify all applicable deadlines and ensure you comply with every requirement.
For most personal injury claims, the prescriptive period begins on the date the injury occurs. In a car accident case, for example, this is usually the date when the collision occurred. The clock starts ticking immediately—whether you realize or should have realized the full extent of your injuries or not.
Louisiana law does recognize a “discovery rule“ in limited circumstances. Under this rule, the prescriptive period may not begin until you knew or should have known about your injury and its cause. But, Louisiana courts apply the discovery rule with strict limitations, and plaintiffs must prove that it applies.
The discovery rule is most commonly applied in cases involving:
Don’t count on the discovery rule to protect your claim if you delay. Courts take a strict view of this exception. Act as if the standard deadline is always in effect, unless an attorney advises you differently.
Louisiana’s prescriptive periods are strict deadlines. Once they pass, you cannot file a lawsuit. Courts cannot extend the deadline, no matter how serious your injuries or how clear the defendant’s fault is.
Waiting to pursue your claim brings big risks:
Physical evidence might get cleaned up, repaired, or destroyed. Surveillance footage usually vanishes within 30 to 90 days. Accident scenes change, making it harder to prove what happened.
Eyewitnesses remember better right after an incident. As time goes on, details blur, and witnesses become difficult to find.
Quick medical care shows a clear link between the accident and your injuries. Delays give insurance companies a chance to claim your injuries are from other causes or not as serious as you report.
Insurers know that plaintiffs close to a deadline often feel pressured to settle. They may delay, offer lowball deals, or wait you out.
Your attorney has less time to build your case. Investigating, gathering evidence, and negotiating all take time. Starting early gives your legal team more options.
Do not wait until the prescriptive period is about to expire. Even if you are still receiving medical treatment or are unsure whether you want to pursue legal action, consulting with an attorney now protects your options for the future.
The Ikerd Law Firm understands the urgency of personal injury claims and the importance of meeting Louisiana’s strict legal deadlines.
Attorney Chad Ikerd brings over 14 years of experience and is licensed to practice in both Louisiana and Texas. Call today at (337) 366-8994 for a free consultation. In Louisiana, time is not on your side. But we are.
