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Louisiana Personal Injury Statute of Limitations

The statute of limitations for personal injury & accidents in Louisiana is one (1) year (Ref: La. Civ. Code art. 3492). 

What this means is that you (or your attorney) must file a lawsuit against a defendant within one year of the date of your accident. If you do not file a lawsuit within one year, generally you forfeit any potential claim against the defendant as a matter of law - meaning there will be no opportunity for a settlement, arbitration or trial. 

Disclaimer: Although the information presented on this page is generally true there are some exceptions to this information, and the Louisiana Statute of Limitations (and the exceptions) may change over time. If you or a family member was involved in an accident and considering seeking compensation for your injuries it is crucial that you speak to an Louisiana personal injury lawyer to discuss your claim and potential recovery.

Variations on Time Limits for Filing a Lawsuit in Louisiana

There are some variations & exceptions to the 1 year statute of limitations on personal injury cases in Louisiana. Because of this, it is critical you discuss your matter with a lawyer who is highly experienced in personal injury law. 

  • The state of Louisiana is unique in that nearly all civil actions have a one-year statute of limitations (most states range from two to five years for more claims). The exceptions are the three-year limits on collections of rent and debts and a 10-year statute of limitations for contracts and judgments.

What if You Miss the Deadline to File a Lawsuit?

If you miss the deadline to file a lawsuit and the Louisiana statute of limitations passes (barring any exceptions), the opposing party will almost surely move for case dismissal and it will likely be granted. This also means that nearly any hope of a settlement will also be forfeited because there is no leverage to potentially pursue a trial (since it would immediately be dismissed). 

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