Personal Injury Statute of Limitations in Louisiana
Last verified 2026-07 · Source: La. Civ. Code art. 3493.1 (Acts 2024, No. 423, eff. July 1, 2024) ✓ verified · 3 sources
The deadline
2 years
from Day injury or damage is sustained, under La. Civ. Code art. 3493.1 (Acts 2024, No. 423, eff. July 1, 2024).
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Under La. Civ. Code art. 3493.1 (Acts 2024, No. 423, eff. July 1, 2024), you have 2 years from Day injury or damage is sustained to file a personal injury lawsuit in Louisiana. Miss it and you lose the right to sue — but several Louisiana-specific exceptions can extend (or shorten) that window, detailed below.
Louisiana Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Personal Injury | 2 years | La. Civ. Code art. 3493.1 (Acts 2024, No. 423, eff. July 1, 2024) |
| Car Accident | 2 yrs | La. Civ. Code art. 3493.1 |
| Credit Card Debt | 3 yrs | La. Civ. Code art. 3494 |
| Medical Malpractice | 1 yr | La. R.S. 9:5628(A) |
| Wrongful Death | 1 yr | La. C.C. Art. 2315.2 |
| Dog Bite | 1 yr | La. Civ. Code Ann. art. 2321 |
| Slip and Fall | 2 yrs | La. Civ. Code art. 3493.1 |
| Defamation | 2 yrs | La. Civ. Code Ann. art. 3493.1 |
| Breach of Contract | 10 yrs | La. Civ. Code art. 3499 |
| Medical Debt | 3 yrs | La. Civ. Code Art. 3494 |
When the Clock Starts
In Louisiana, the limitations period for personal injury lawsuits generally begins on Day injury or damage is sustained. Louisiana does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Written notice required within 90 days for claims against the State or political subdivisions under La. R.S. 13:5107; failure to provide notice can bar the claim
- Damage caps: No statutory cap on compensatory damages in general personal injury cases; medical malpractice is separately capped
Pure comparative fault under La. Civ. Code art. 2323. Louisiana changed its general delictual prescription from 1 year (art. 3492) to 2 years (art. 3493.1) effective July 1, 2024 via Acts 2024, No. 423. The old 1-year period still applies to injuries occurring before July 1, 2024. Some secondary sources (findlaw, nolo) may still reflect the pre-2024 law.
Source: La. Civ. Code art. 3493.1 (Acts 2024, No. 423, eff. July 1, 2024), official Louisiana statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Louisiana government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Louisiana Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Louisiana | 2 years | La. Civ. Code art. 3493.1 (Acts 2024, No. 423, eff. July 1, 2024) |
| Texas | 2 yrs | Tex. Civ. Prac. & Rem. Code § 16.003(a) |
| Arkansas | 3 yrs | Ark. Code Ann. § 16-56-105(3) |
| Mississippi | 3 yrs | Miss. Code Ann. § 15-1-49 |
Frequently Asked Questions
How long do I have to file a personal injury lawsuit in Louisiana?
You have 2 years from Day injury or damage is sustained, under La. Civ. Code art. 3493.1 (Acts 2024, No. 423, eff. July 1, 2024).
Can I still sue after 2 years in Louisiana?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
What if the victim was a minor?
Louisiana generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Written notice required within 90 days for claims against the State or political subdivisions under La. R.S. 13:5107; failure to provide notice can bar the claim
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Sources
- Official La. Civ. Code art. 3493.1 – Two-year prescription for delictual actions (Louisiana Legislature)
- Corroborating Louisiana Personal Injury Statute of Limitations – Nolo
- Corroborating Louisiana Civil Statute of Limitations Laws – FindLaw
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Louisiana attorney.