What happens to the filing deadline if a child is injured in Louisiana?

The prescriptive period is suspended for minors until they reach 18 years old under the "contra non valentem" doctrine. Consult an attorney to confirm how this applies to your specific case.

Can the prescriptive period for a personal injury claim be paused in Louisiana?

Yes. Filing a lawsuit or obtaining a formal written acknowledgment from the responsible party interrupts the prescriptive period. Informal negotiations do not pause the deadline.

What is the deadline for filing a lawsuit for a defective product injury in Louisiana?

Two years from the date of injury for incidents on or after July 1, 2024. One year applies to injuries before that date. The discovery rule may extend the deadline if the injury wasn't immediately apparent.

How long do I have to sue a contractor for a construction defect in Louisiana?

Five years from substantial completion or acceptance of the work, whichever occurs first. This is a strict, non-extendable deadline under Louisiana Revised Statute R.S. 9:2772(A).

What are the prescriptive periods for different types of intentional torts in Louisiana?

Two years for assault, battery, and other intentional torts under Louisiana Civil Code Article 3493.10. This applies regardless of where the incident occurs.

How does a workers' compensation claim affect my right to sue a third party in Louisiana?

You can file a separate third-party lawsuit. You have two years for injuries on or after July 1, 2024 (one year for earlier injuries). The workers' compensation insurer may seek reimbursement from your recovery.

What is the time limit for filing a defamation lawsuit in Louisiana?

One year from the date of the defamatory statement. The discovery rule may apply if you didn't immediately know about the statement.

Does filing for bankruptcy affect a personal injury lawsuit in Louisiana?

Yes. Your personal injury claim becomes part of the bankruptcy estate, and the trustee controls it. Consult both a bankruptcy and personal injury attorney about how this affects your case.

What is the deadline for filing a lawsuit against an insurance company for bad faith in Louisiana?

Two years from the date of the bad faith action. This was clarified by the Louisiana Supreme Court in 2024. Bad faith claims are separate from the underlying injury claim.

Can I still file a lawsuit if I was partially at fault for the accident in Louisiana?

As of January 1, 2026, Louisiana uses a 51% bar rule. You can recover only if you're less than 51% at fault. If you're 51% or more at fault, you cannot recover any damages.

Louisiana Personal Injury Deadlines

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