What is the personal injury statute of limitations in Louisiana?
1. General Personal Injury
Louisiana Act 423 of 2024 amended La. Civ. Code art. 3493.1 to provide a 2-year liberative prescription for delictual (tort) actions arising on or after July 1, 2024. Pre-July 2024 claims have the prior 1-year prescription under former art. 3492.
2. Wrongful Death
La. Civ. Code art. 2315.2 governs wrongful death with a 1-year (pre-July 2024) or 2-year (post-July 2024) prescription from date of death.
3. Medical Malpractice
La. R.S. 9:5628 imposes 1 year from the act/omission or 1 year from discovery, with a 3-year statute of repose from the date of the act. Medical Review Panel filing is required before suit and suspends prescription.
4. Discovery Rule (Contra Non Valentem)
Louisiana applies the doctrine of contra non valentem agere nulla currit praescriptio, suspending prescription when the plaintiff is unable to discover or assert the claim due to defendant's conduct or other limited circumstances.
5. Minor / Disability Tolling
La. Civ. Code art. 3468 suspends prescription during minority and interdiction; prescription does not run against minors except for certain medical-malpractice claims under La. R.S. 9:5628.1.
6. Government Defendant
La. R.S. 13:5107 governs suits against the state; the same 1/2-year prescription applies, but suit must comply with venue and service rules. The Louisiana Governmental Claims Act (La. R.S. 13:5101 et seq.) caps general damages at $500,000 per person.
7. Product Liability
The Louisiana Products Liability Act (La. R.S. 9:2800.51) is subject to the same prescription; Louisiana lacks a general statute of repose for products.
8. Equitable Tolling / Fraudulent Concealment
Contra non valentem includes a fraud/concealment branch suspending prescription when defendant concealed the cause of action.
9. Borrowing Statute
La. R.S. 9:5605.1 and La. Civ. Code art. 3549 apply Louisiana prescription if the action is brought in Louisiana; the law of the place of injury may govern substantive issues.
This is legal information, not legal advice.
- Your injury occurred near the July 1, 2024 transition and prescription is unclear
- Medical malpractice requiring Medical Review Panel before suit
- A claim against the state of Louisiana with damages caps and service rules
- La. Civ. Code art. 3493.1
- La. R.S. 9:5628
- La. R.S. 13:5107
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.