Hills Daniels & Associates
Louisiana's Statute of Limitations: How Long Do You Have to File?
If you've been injured in an accident in Louisiana, the clock started ticking the moment it happened. Louisiana law sets strict deadlines — called prescriptive periods — for how long you have to file a personal injury lawsuit. Miss that deadline by even one day, and you permanently lose your right to seek compensation, regardless of how strong your case is.
This is one of the most important things every Louisiana accident victim needs to understand — and one of the biggest reasons why contacting an attorney sooner rather than later is so critical.
The Bottom Line Up Front
For most personal injury cases in Louisiana, you have two years from the date of the accident to file a lawsuit. However, there are exceptions that can shorten or extend this deadline depending on your situation. Don't assume you have time — call an attorney as soon as possible.
What Is a Statute of Limitations?
A statute of limitations — called a "prescriptive period" in Louisiana — is a legal deadline for filing a lawsuit. Once this deadline passes, the court will dismiss your case no matter how strong it is, and the at-fault party and their insurance company will owe you nothing.
Louisiana uses the term "prescription" rather than "statute of limitations," but the effect is the same: wait too long and your right to compensation is gone forever.
Louisiana Deadlines by Case Type
The deadline to file depends on what type of claim you have. Here are the most common:
| Type of Claim | Deadline to File | Louisiana Statute |
|---|---|---|
| Car, truck, or motorcycle accident | 2 years from the date of accident | La. C.C. Art. 3492 |
| Slip and fall / premises liability | 2 years from the date of injury | La. C.C. Art. 3492 |
| Dog bite or animal attack | 2 years from the date of injury | La. C.C. Art. 3492 |
| Wrongful death | 2 years from the date of death | La. C.C. Art. 2315.2 |
| Medical malpractice | 3 years from the act of malpractice OR 1 year from discovery | La. R.S. 9:5628 |
| Claims against a government entity | 90 days to file notice of claim | La. R.S. 13:5106 |
Claims Against Government Entities Are Different
If your accident involved a government vehicle, a pothole on a public road, or any other government entity, you may have as little as 90 days to file a notice of claim — far shorter than the standard two years. Missing this deadline is just as fatal to your case. Contact an attorney immediately if a government entity may be involved.
Why Two Years Isn't as Long as You Think
Two years sounds like plenty of time. It isn't — especially in personal injury cases. Here's why acting quickly matters even when you technically have time:
Evidence Disappears Quickly
Surveillance footage is overwritten within days or weeks. Witnesses move and memories fade. Physical evidence at the scene is cleared. The sooner your attorney begins investigating, the stronger your case will be.
The Insurance Company Is Already Building Their Defense
From the moment your accident happens, the at-fault party's insurance company has investigators and attorneys working against you. Every day you wait without representation is another day they have to build their case and minimize yours.
Medical Records Take Time to Obtain
Building a strong personal injury claim requires comprehensive medical documentation. Gathering records, obtaining expert opinions, and documenting the full extent of your injuries takes time — often months. Starting late puts your attorney in a difficult position.
Some Deadlines Are Shorter Than You Realize
Certain situations — like accidents involving government vehicles, roads, or property — trigger much shorter deadlines. If you're unsure whether a shorter deadline applies to your case, assume it does and contact an attorney immediately.
Settlement Negotiations Take Time
Most personal injury cases settle before going to court — but negotiations take time. If you wait until close to the deadline to contact an attorney, there may not be enough time to negotiate a fair settlement, forcing a rushed filing or a weaker case.
Can the Deadline Be Extended?
In certain limited circumstances, Louisiana law allows the prescriptive period to be paused or extended. These are called "interruptions" or "suspensions" of prescription. Common situations include:
- The injured person is a minor — prescription may not begin until they turn 18
- The injured person was mentally incapacitated at the time of the accident
- The at-fault party concealed their identity or the cause of the injury (discovery rule)
- The defendant left Louisiana after the accident and before the deadline
- The parties were engaged in good-faith settlement negotiations in certain circumstances
Do Not Assume an Extension Applies to You
Extensions to the prescriptive period are narrow and fact-specific. Do not assume one applies to your situation without consulting an attorney. The safest approach is always to act well before the two-year deadline — not to rely on exceptions.
What Happens If You Miss the Deadline?
If you file a lawsuit after the prescriptive period has expired, the defendant will file a motion to dismiss — and it will almost certainly be granted. The court has no discretion. Your case is over, and you receive nothing — regardless of how clearly the other party was at fault, how serious your injuries are, or how much you've suffered.
This is why missing the deadline is one of the most devastating mistakes an accident victim can make. It is also entirely preventable by calling an attorney promptly after your accident.
Don't Wait — Call Us Today
At Hills Daniels & Associates, we track every deadline in every case we handle. Your consultation is always free, and we never charge a fee unless we win your case. Call us today at (504) 641-0016 — the sooner you call, the better position we are in to fight for you.
Injured in Louisiana? Don't Let the Clock Run Out.
At Hills Daniels & Associates, we handle personal injury cases across Louisiana every day.
Our consultations are always free, and we never charge a fee unless we win your case. Call us today at (504) 641-0016 or fill out the form on this page to get started.
Don't Let the Deadline Cost You Everything.
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