Louisiana Injury Deadlines
How Long Do I Have to File an Injury Claim in Louisiana?
Short answer: In most Louisiana personal injury cases, you now have two years from the date you were injured to file a lawsuit. That deadline changed recently — for years it was only one year — and several kinds of claims have shorter or different deadlines. Because missing the deadline permanently ends your right to recover, the safest move is to confirm your specific deadline with an attorney as early as possible. At Bono Law Firm, that conversation is free.
In Louisiana, the deadline is called a "prescriptive period"
Most states call this deadline a "statute of limitations." Louisiana calls it a prescriptive period (you'll also hear "liberative prescription"). The name is different, but the consequence is the same: once the period runs out, your claim has "prescribed," and the court will not let you pursue it — no matter how serious your injury or how clear the other side's fault.
The deadline for most injury claims is now two years
For injuries on or after July 1, 2024, Louisiana gives most accident victims two years from the date of the injury to file suit. This applies to the cases we handle every day: car, truck, and motorcycle accidents, slip-and-falls, pedestrian and bicycle injuries, dog bites, and most other negligence claims.
This is a real change. Until July 1, 2024, Louisiana had one of the shortest deadlines in the country — just one year. The new two-year period applies to injuries that occurred on or after that date; accidents before it may still fall under the old one-year rule, so the date of your incident matters.
When does the clock start?
In most cases, the two-year period starts on the day you were injured. In limited situations where an injury could not reasonably have been discovered right away, Louisiana law may delay the start until you knew or should have known about it — but courts apply that exception narrowly, so you should never count on it. If you think your situation might qualify, talk to an attorney rather than assume.
Some claims have different deadlines
Not every case follows the two-year rule. A few important examples:
Wrongful death & survival claims
When an injury leads to death, Louisiana's wrongful death and survival rules can involve more than one possible deadline — generally one year from the date of death or two years from the date of injury, whichever is longer. Medical malpractice death claims follow different rules. Because the facts can change the deadline, these cases should be reviewed quickly.
Medical malpractice
These claims follow their own rules: generally one year from the malpractice or from when you discovered it, with an absolute three-year cap from the date it happened. Most must also first go through a medical review panel. The window is tight and the procedure is specific.
Claims involving a city, parish, state agency, or public entity
Claims involving a government defendant can carry special procedural rules — including specific service requirements after suit is filed and limits on the damages available. If a public entity may be involved, the claim should be reviewed right away.
Injuries to a child
Do not assume the deadline is paused simply because the injured person is a minor. In Louisiana, prescription generally runs against minors unless a specific law creates an exception. Claims involving children should be reviewed quickly so evidence can be preserved and the correct filing deadline confirmed.
These are general rules, and the details of your case can change the answer. The only way to know your real deadline is to have someone look at the facts. We'll do that for free.
Don't wait until the deadline anyway
Even with two years, waiting is rarely in your favor. Evidence disappears quickly — surveillance footage is often overwritten within days or weeks, skid marks wash away, vehicles get repaired, and witnesses' memories fade. The sooner an attorney can preserve evidence and start building your case, the stronger your claim. Insurance companies know this, and delay works in their favor, not yours.
Not sure how much time you have? Let's find out — before the clock runs out.
We've represented injured people across Greater New Orleans since 1980, and we don't represent insurance companies — only people. Call us and we'll confirm your deadline and explain your options. There is no attorney fee unless we recover compensation for you, and court costs and case expenses are handled under our written fee agreement.
Call (504) 835-9909 — Free ConsultationNo attorney fee unless we recover · Home & hospital visits · Se Habla Español
This page is general information about Louisiana law, not legal advice about your specific situation. Prescriptive deadlines depend on the facts of each case and can be affected by exceptions not described here. To find out the exact deadline that applies to you, contact an attorney.