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 on or 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 before July 1, 2024: one year
The two-year period is not retroactive. An injury that occurred 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.
Exceptions that change the deadline
Several situations run on a different clock:
- Minors. Prescription does not run against a child under 18.
- 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. Suits against the state or a political subdivision carry strict procedural requirements, including service within 90 days of filing under La. R.S. 13:5107.
- Product liability. Carries its own one-year period rather than the general two-year rule.
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.