Louisiana’s New Two-Year Personal Injury Filing Deadline Explained

Louisiana changed the general filing period for many tort claims from one year to two years.

Louisiana Civil Code Article 3493.1 now provides that delictual actions are generally subject to a two-year liberative prescriptive period beginning on the date the injury or damage is sustained.

But the change did not simply add another year to every old Louisiana injury claim.

The date your cause of action arose matters.

The legislation became effective July 1, 2024 and was expressly made prospective, applying to delictual actions arising after its effective date.

That distinction is important for anyone evaluating an older Louisiana accident.

What Is Prescription in Louisiana?

Louisiana calls its time limit for many civil claims prescription.

In everyday language, people often call this a statute of limitations.

Whatever term you use, the practical consequence can be severe.

If a claim prescribes, the defendant can generally raise prescription as a defense and seek dismissal.

That means a strong liability case can potentially be lost because the lawsuit was not timely filed.

What Does Article 3493.1 Say?

The current general rule is that delictual actions are subject to two years of liberative prescription, beginning on the day the injury or damage is sustained.

A delictual action generally includes what most people think of as a tort claim.

Examples can include claims arising from:

• car accidents;
• truck accidents;
• motorcycle accidents;
• pedestrian accidents;
• bicycle accidents;
• premises injuries;
• negligent acts; and
• other accidents caused by fault.

Special statutes can create different rules, so the general two-year period should never be applied mechanically to every possible civil claim.

When Did Louisiana’s Two-Year Rule Begin?

Act 423 of the 2024 Regular Session became effective July 1, 2024.

The legislation expressly states that it receives prospective application and applies to delictual actions arising after the effective date.

This is why the accident date is one of the first things that should be checked when evaluating a Louisiana injury claim.

What About an Accident Before the Change?

Older claims must be analyzed under the law applicable when the cause of action arose.

You should not assume that a pre-reform claim automatically received an extra year simply because Louisiana later changed its law.

If you have an older claim, have the actual dates reviewed promptly.

Why Did Louisiana Change the Deadline?

Regardless of the policy debate behind the legislation, the practical effect for injured people is that many new Louisiana tort claims now have a longer general filing period.

But that extra time should not be confused with extra time to preserve evidence.

Why Shouldn’t I Wait Two Years?

Because evidence has its own clock.

Consider a serious car accident.

A nearby business may have captured the wreck on a surveillance camera.

The legal filing deadline might be measured in years.

The surveillance system might overwrite the video in days or weeks.

Waiting can mean losing the most important evidence in the case.

Evidence That Can Disappear

Depending on the accident, time-sensitive evidence may include:

• surveillance footage;
• dashcam recordings;
• vehicle electronic information;
• 18-wheeler electronic data;
• GPS information;
• trucking-company records;
• maintenance records;
• witness recollections;
• damaged products; and
• physical conditions at an accident scene.

Evidence preservation should therefore begin much earlier than the lawsuit deadline.

Truck Accidents Are a Good Example

Suppose an 18-wheeler hits your vehicle.

The two-year general prescriptive period does not mean you should wait a year and eleven months to investigate.

The truck may contain or be connected to:

• electronic logging information;
• telematics;
• GPS;
• dashcam footage;
• dispatch communications;
• maintenance documentation;
• inspection records; and
• driver qualification information.

Different companies may maintain these records under different retention practices.

What About Surveillance Video After a Slip and Fall?

The same principle applies.

A store may have surveillance footage showing:

• how the hazard developed;
• how long it existed;
• whether employees passed the area;
• the fall itself; and
• what happened afterward.

That video may become extremely important in a Louisiana merchant-liability claim.

Waiting until close to prescription to request it can be risky.

Does the Two-Year Rule Apply to Product Liability Claims?

Civil Code Article 3493.1 contains the general two-year rule and specifically addresses prescription involving minors or interdicts in certain permanent-disability product-liability actions.

Product claims can also involve other legal timing issues depending on the product, theory, and facts.

Do not rely solely on a general personal injury deadline when evaluating a defective-product case.

What About Children?

Article 3493.1 contains a specific provision concerning minors or interdicts in actions involving permanent disability brought under the Louisiana Products Liability Act or applicable state product-liability law.

Outside such provisions, assuming that a child’s age automatically stops the ordinary Louisiana personal injury clock can be dangerous.

Claims involving minors should be evaluated individually.

What If I Don’t Know How Serious My Injuries Are Yet?

You do not need to know the final value of a claim on the day of the accident.

In fact, many injuries evolve.

Someone may initially receive emergency treatment and later discover that the injury requires:

• injections;
• physical therapy;
• surgery;
• neurological treatment;
• rehabilitation; or
• permanent work restrictions.

The important point is to protect your rights while your medical condition is being evaluated.

What If I’m Still Treating When the Deadline Approaches?

Continuing medical treatment does not necessarily stop prescription.

Do not assume that because the insurance company is communicating with you, paying certain expenses, requesting records, or discussing settlement, the filing deadline has disappeared.

The deadline should be independently tracked.

Does Negotiating With the Insurance Company Extend the Deadline?

Do not assume so.

An insurance adjuster’s ongoing communication is not a substitute for determining and protecting the legal filing deadline.

A claimant can spend months negotiating only to discover that prescription has become a critical issue.

What If the Insurance Company Says, “We’re Still Reviewing Your Claim”?

Track the deadline anyway.

The insurer’s internal review schedule does not control Louisiana prescription.

What About Claims Against Government Agencies?

Louisiana Revised Statute 13:5108 provides that the state, state agencies, and political subdivisions generally do not receive a shorter prescription period merely because the defendant is governmental; claims for injury to person or property can be filed within the time fixed by law for comparable suits against private persons.

But government claims have additional procedural rules.

For example, Louisiana Revised Statute 13:5107 contains requirements concerning service and includes a 90-day service-request requirement in specified circumstances.

So filing the petition is not necessarily the last deadline that matters.

What If a Public Road Defect Caused My Accident?

Government road-defect cases can involve additional requirements.

Louisiana Revised Statute 9:2800 generally requires proof, in covered defect claims, that the public entity had actual or constructive notice of the particular defect and had a reasonable opportunity to remedy it but failed to do so.

That makes early evidence especially valuable.

Potential evidence can include:

• prior complaints;
• maintenance records;
• photographs;
• work orders;
• inspection information; and
• evidence of previous incidents.

What Happens If I File Too Late?

Prescription can provide the defendant with a basis to seek dismissal.

That is why determining the correct deadline should happen at the beginning of a case, not at the end.

Is Every Louisiana Injury Claim Exactly Two Years?

No.

That is one of the most important points on this page.

The two-year rule is a general rule for delictual actions.

Different causes of action, defendants, circumstances, statutes, contractual issues, federal law, maritime law, workers’ compensation law, or other legal rules can affect timing.

Never calculate an important legal deadline solely from a general internet article.

What Should I Do After an Accident?

Even though many Louisiana claims now have a two-year general period, act as if evidence preservation starts today.

After an accident:

1. Obtain appropriate medical care.
2. Report the incident when required.
3. Photograph the scene if it is safe.
4. Identify witnesses.
5. Preserve video.
6. Save insurance correspondence.
7. Keep medical bills and records.
8. Document missed work.
9. Identify potentially responsible parties.
10. Determine the actual filing deadline.

Why the New Two-Year Period Does Not Mean “Wait Two Years”

The law may give you more time to file.

It does not make old evidence easier to recover.

It does not keep witnesses from forgetting.

It does not stop surveillance systems from overwriting footage.

It does not prevent an 18-wheeler from being repaired.

And it does not preserve a defective product that someone throws away.

The strongest time to begin protecting evidence is usually much closer to the accident than to the lawsuit deadline.

Jacqueline Scott & Associates Can Review Your Louisiana Filing Deadline

If you were injured in Shreveport, Bossier City, Caddo Parish, Bossier Parish, or elsewhere in Louisiana, do not guess about prescription.

The correct analysis begins with the date of the accident and the type of claim.

At Jacqueline Scott & Associates, we can evaluate the applicable deadline while investigating the evidence, insurance, injuries, and potentially responsible parties.

Make ’Em Pay.

Call (318) 746-5997.

This article provides general educational information, not legal advice. Prescription can depend on the date, claim, defendant, and other circumstances. Every case is different. Prior results do not guarantee a similar outcome.

This article is general information about Louisiana law and is not legal advice. Laws and deadlines can change, and every case depends on its own facts. Past results do not guarantee or predict future outcomes. Reading this page or contacting the firm does not by itself create an attorney-client relationship.