What is the statute of limitations (prescription) in Louisiana?
Louisiana, as a civil law jurisdiction, uses prescriptive periods (Louisiana Civil Code) rather than statutes of limitations.
1. Personal Injury — 1 Year (2 Years for delicts after 7/1/2024)
La. Civ. Code art. 3492 (historical): Delictual actions are subject to a liberative prescription of 1 year. Act 423 of 2024, effective July 1, 2024, amended this to 2 years for delictual actions arising on or after that date. Pre-7/1/2024 claims still governed by 1-year prescription. This is one of the most significant tort reforms in modern Louisiana history.
2. Written Contract — 10 Years
La. Civ. Code art. 3499: Unless otherwise provided by legislation, a personal action is subject to a liberative prescription of 10 years. Applies to most written and oral contracts.
3. Oral Contract — 10 Years
Same 10 years under art. 3499.
4. Property Damage — 1 Year
La. Civ. Code art. 3493: When damage is caused to immovable property, the 1-year prescription commences to run from the day the owner of the immovable acquired, or should have acquired, knowledge of the damage. (For movables, generally art. 3492 applies — 1 year, soon 2 years.)
5. Fraud — 1 Year (Contra Non Valentem)
La. Civ. Code art. 3492 / 3493 (depending on type). Louisiana applies the doctrine of contra non valentem agere nulla currit praescriptio — prescription does not run against one unable to act — including the discovery rule for fraudulent concealment.
6. Medical Malpractice — 1 Year / 3-Year Repose
La. R.S. § 9:5628(A): No action for damages for injury or death against any physician, chiropractor, nurse, licensed midwife practitioner, dentist, psychologist, optometrist, hospital duly licensed under the laws of this state, or community blood center or tissue bank shall be brought unless filed within 1 year from the date of the alleged act, omission, or neglect, or within 1 year from the date of discovery; provided, however, that even as to claims filed within 1 year from the date of such discovery, in all events such claims shall be filed at the latest within a period of 3 years from the date of the alleged act, omission, or neglect. Medical Review Panel: required pre-suit (La. R.S. § 40:1231.8).
7. Wrongful Death — 1 Year
La. Civ. Code art. 2315.2(B): The right of action granted by this Article prescribes 1 year from the death of the deceased. (Subject to 2024 amendment scope analysis.)
8. Other Notable Periods
9. Suspension and Interruption
Unlike common-law tolling, Louisiana distinguishes between suspension (art. 3469) and interruption (arts. 3462-3466). Suit interrupts prescription. Filing in a court of incompetent jurisdiction or improper venue can preserve prescription only if the defendant is served before prescription would have run.
This is legal information, not legal advice.
- Your tort claim straddles the July 1, 2024 effective date (1-year vs 2-year)
- You may have an interruption or suspension of prescription argument
- Your medical malpractice claim must go through a Louisiana Medical Review Panel
- La. Civ. Code art. 3492
- La. Civ. Code art. 3493
- La. Civ. Code art. 3499
- La. Civ. Code art. 2315.2
- La. R.S. § 9:5628
- La. R.S. § 40:1231.8
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.