How long do I have to file a personal injury lawsuit in Louisiana?

Two years for injuries after July 1, 2024, under La. Civ. Code art. 3493.1. Injuries on or before that date are governed by the prior one-year deadline. The accident date relative to July 1, 2024 decides which period applies — the two-year period is not retroactive.

When does the clock start running?

Usually on the date of the injury. Under the discovery rule, it can instead start when you knew or reasonably should have known of the injury and its cause — which matters for delayed-onset injuries like traumatic brain injuries or internal injuries that surface weeks later.

Are there exceptions that change the deadline?

Yes, a few. Being under 18 does not pause the two-year deadline for most claims; a parent or tutor has to file on the child's behalf (La. Civ. Code art. 3468). The main exception is a product-liability claim involving permanent disability (La. Civ. Code art. 3493.1). Medical malpractice runs three years from the act or one year from discovery, whichever comes first (La. R.S. 9:5628). Claims against a government body carry strict procedural deadlines, including service within 90 days under La. R.S. 13:5107.

Louisiana Personal Injury Statute of Limitations

Last reviewed: June 4, 2026 Trey Morris Injury Lawyers

A deadline you miss is a claim you lose, no matter how strong it was. In Louisiana this deadline is called the prescriptive period — what most states call the statute of limitations — and it recently changed.

The current deadline: two years

For any personal injury that happens after July 1, 2024, you have two years from the date of injury to file suit. That rule comes from La. Civ. Code art. 3493.1, enacted by Act 423 of the 2024 Regular Session.

This is a major change. For decades Louisiana gave injured people only one year — among the shortest windows in the country — and meritorious claims regularly lapsed before injuries were fully diagnosed or fault was sorted out. The longer window gives you room to get treatment, investigate, and retain counsel without the clock forcing a rushed filing.

Injuries on or before July 1, 2024: one year

The two-year period is not retroactive. An injury that occurred on or before July 1, 2024 is still governed by the old one-year deadline under former La. Civ. Code art. 3492. The single most important date in your case is the date of the accident, because it decides which deadline you live under. If your injury straddles that line, confirm it with a lawyer before assuming you have two years.

When the clock starts

The period usually starts on the date of the injury. But under the discovery rule, prescription can instead begin when you knew — or reasonably should have known — of both the injury and its cause. That distinction matters most for harm that is not obvious at the scene: a traumatic brain injury, an internal injury, or an exposure that produces symptoms weeks later. The exception is narrow. Learning later that a known injury is worse than you thought does not restart the clock.

Exceptions that change the deadline

Several situations change how the deadline works:

Minors. Being under 18 does not pause the two-year deadline for most Louisiana injury claims. A parent or tutor has to file on the child’s behalf within two years (La. Civ. Code art. 3468). The main exception is a product-liability claim involving permanent disability (La. Civ. Code art. 3493.1).
Medical malpractice. Three years from the act or omission, or one year from discovery — whichever comes first (La. R.S. 9:5628).
Claims against a government body. Suing a city, parish, or state agency does not come with a shorter deadline; the same two-year period applies (La. R.S. 13:5108). Service must be requested within 90 days of filing, or the case against that agency is dismissed (La. R.S. 13:5107(D)).
Product liability. Follows the same deadline as other injury claims: two years for injuries after July 1, 2024, and one year for earlier injuries (La. Civ. Code art. 3493.1). Prescription does not run against a minor or interdict in a product-liability claim involving permanent disability.

Do not wait on the deadline

Even with two years, the evidence that wins a case decays fast — vehicles get repaired, footage is overwritten, witnesses move, and memories fade. The deadline is the last line, not the plan. If you were hurt by someone else’s negligence, talk to a Louisiana injury lawyer early so the deadline is calendared and the proof is preserved while it still exists.

Frequently Asked Questions

How long do I have to file a personal injury lawsuit in Louisiana?: Two years for injuries after July 1, 2024, under La. Civ. Code art. 3493.1. Injuries on or before that date are governed by the prior one-year deadline. The accident date relative to July 1, 2024 decides which period applies — the two-year period is not retroactive.
When does the clock start running?: Usually on the date of the injury. Under the discovery rule, it can instead start when you knew or reasonably should have known of the injury and its cause — which matters for delayed-onset injuries like traumatic brain injuries or internal injuries that surface weeks later.
Are there exceptions that change the deadline?: Yes, a few. Being under 18 does not pause the two-year deadline for most claims; a parent or tutor has to file on the child's behalf (La. Civ. Code art. 3468). The main exception is a product-liability claim involving permanent disability (La. Civ. Code art. 3493.1). Medical malpractice runs three years from the act or one year from discovery, whichever comes first (La. R.S. 9:5628). Claims against a government body carry strict procedural deadlines, including service within 90 days under La. R.S. 13:5107.