Deadlines to File an Injury Lawsuit in Louisiana
How long you have to sue in Louisiana for an injury, property damage, medical malpractice or wrongful death, and the shorter deadline for claims against the government.
Short answer: Two years. Delictual (tort) actions, including personal injury claims, are subject to a two-year prescriptive period that begins on the day the injury or damage is sustained. La. Civ. Code art. 3493.1
| Deadline to sue for an injury | Two years. Delictual (tort) actions, including personal injury claims, are subject to a two-year prescriptive period that begins on the day the injury or damage is sustained. This two-year rule took effect July 1, 2024, when the former one-year rule (Civil Code art. 3492) was repealed. Injuries that occurred before July 1, 2024 may be governed by the former one-year period; check the effective-date provisions of Acts 2024, No. 423 for older claims. Source: La. Civ. Code art. 3493.1 |
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| Deadline to sue for property damage | Two years. Damage to movable property (such as a car) falls under the general two-year period for delictual actions, running from the day the damage is sustained. For damage to immovable property (land and buildings), the two years run from the day the owner knew or should have known of the damage. |
| Medical malpractice deadline | A malpractice lawsuit against a licensed physician, nurse, dentist, hospital, nursing home or other listed health care provider must be filed within one year from the act or omission, or within one year from discovering it, but in all events no later than three years from the act or omission. This rule applies to everyone, including minors and people under a disability. For a wrongful death claim based on medical malpractice, the period is one year from the death. |
| Wrongful death deadline | One year from the death, or two years from the day the injury or damage was sustained, whichever is longer. For wrongful death claims based on medical malpractice, the period is one year from the death. A separate survival action (for the injured person's own damages before death) has the same time limit. |
| Suing the government | No general pre-suit notice-of-claim requirement was found in the statutes reviewed, but service of citation on the state, a state agency or a political subdivision must be requested within 90 days after the lawsuit is filed, or the case is dismissed. Lawsuits must be filed in Louisiana state court. Total liability for general damages (excluding medical care, lost earnings and property damage) is capped at $500,000 per person for personal injury and $500,000 for a wrongful death. Service rule: https://legis.la.gov/legis/Law.aspx?d=77935 Source: La. R.S. 13:5106, 13:5107(D) |
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FAQ
What is the statute of limitations for personal injury in Louisiana?
Two years. Delictual (tort) actions, including personal injury claims, are subject to a two-year prescriptive period that begins on the day the injury or damage is sustained. This two-year rule took effect July 1, 2024, when the former one-year rule (Civil Code art. 3492) was repealed.
How long do you have to sue for property damage in Louisiana?
Two years. Damage to movable property (such as a car) falls under the general two-year period for delictual actions, running from the day the damage is sustained. For damage to immovable property (land and buildings), the two years run from the day the owner knew or should have known of the damage.
What is the statute of limitations for medical malpractice in Louisiana?
A malpractice lawsuit against a licensed physician, nurse, dentist, hospital, nursing home or other listed health care provider must be filed within one year from the act or omission, or within one year from discovering it, but in all events no later than three years from the act or omission. This rule applies to everyone, including minors and people under a disability. For a wrongful death claim based on medical malpractice, the period is one year from the death.
How long do you have to file a wrongful death lawsuit in Louisiana?
One year from the death, or two years from the day the injury or damage was sustained, whichever is longer. For wrongful death claims based on medical malpractice, the period is one year from the death. A separate survival action (for the injured person's own damages before death) has the same time limit.
How do you file an injury claim against the government in Louisiana?
No general pre-suit notice-of-claim requirement was found in the statutes reviewed, but service of citation on the state, a state agency or a political subdivision must be requested within 90 days after the lawsuit is filed, or the case is dismissed. Lawsuits must be filed in Louisiana state court. Total liability for general damages (excluding medical care, lost earnings and property damage) is capped at $500,000 per person for personal injury and $500,000 for a wrongful death.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.