Louisiana Personal Injury Statute of Limitations

The Statute of limitations is the deadline for filing a personal injury lawsuit in court. In Louisiana, missing this deadline almost always means the claim is permanently barred — no matter how strong the evidence, how severe the injury, or how clear the defendant's fault.

The general personal injury statute of limitations in Louisiana is 2 years from the date of injury. This covers negligence claims arising from car accidents, slip and falls, defective products, and other incidents causing bodily harm.

Louisiana uses 'prescription' rather than 'statute of limitations.' Delictual actions are subject to a liberative prescription of two years, commencing from the day that injury or damage is sustained (La. C.C. Art. 3493.1, added by Acts 2024, No. 423, eff. July 1, 2024 — causes of action arising before that effective date may remain governed by the former one-year period). Medical malpractice has its own period: 1 year from discovery or 3 years from the act ([La. R.S. § 9:5628]).

Wrongful death claims must be filed within 2 years of the date of death — not the date of the negligent act that ultimately caused death. Under La. C.C. Art. 2315.2(B), the wrongful death action prescribes one year from the death of the deceased or two years from the day that injury or damage is sustained, whichever is longer. For medical malpractice actions, the right of action prescribes one year from the death of the deceased (Art. 2315.2(F)).

Medical malpractice claims in Louisiana have specific deadline rules that may differ from the general personal injury statute.

1 year from date of discovery; 3-year absolute repose ([La. R.S. § 9:5628]). Total damages capped at $500K plus future medicals (§40:1231.2). Medical review panel required.

Louisiana recognizes a discovery rule — the statute of limitations may start when the injury was discovered (or should have been discovered through reasonable diligence) rather than when the negligent act occurred.

This is particularly important in cases where injuries are not immediately apparent: medical malpractice (a foreign object left during surgery), toxic exposure, or defective products that cause progressive harm.

Medical malpractice: prescription runs from date of discovery but not beyond 3 years from act/omission ([La. R.S. § 9:5628]).

A statute of repose sets an absolute outer deadline — it cannot be extended by the discovery rule, tolling, or any other exception. In Louisiana, the repose period is 3 years from the date of the act or omission.

Three-year absolute repose for medical malpractice from date of act or omission, regardless of discovery ([La. R.S. § 9:5628]).

Certain circumstances may pause (toll) the statute of limitations, effectively extending the filing deadline:

• Minority — if the injured person is under 18, the statute of limitations is typically tolled until they reach the age of majority. A parent or guardian can file on the minor's behalf before then.
• Mental incapacity — if the injured person is mentally incapacitated at the time of injury, the clock may not start until capacity is restored
• Defendant absence from the state — if the defendant leaves Louisiana, the time away may not count toward the limitations period
• Fraudulent concealment — if the defendant actively concealed the injury or the cause of harm, the clock may be tolled until discovery

Claims against Louisiana government entities have separate, shorter notice requirements that must be satisfied before a lawsuit can be filed: Claims against the State under the Louisiana Governmental Claims Act. Written notice to the Division of Administration within 90 days ([La. R.S. § 13:5109]).

Louisiana Governmental Claims Act ([La. R.S. § 13:5101 et seq.]). Sovereign immunity waived but damages capped at $500,000 per person for State claims. Local government immunity separate.