Louisiana employs unique legal terminology, referring to these deadlines as "prescriptive periods" rather than "statutes of limitations." Regardless of the name, these time limits are absolute because once they expire, your personal injury case becomes time-barred, meaning you lose your legal right to pursue compensation.
In this blog post, our experienced personal injury attorneys in Shreveport will explain the prescriptive periods that apply to your specific case.
Key Takeaways
- Most personal injury cases now have a two-year prescriptive period (applicable to accidents occurring after July 1, 2024).
- Accidents that occurred before July 1, 2024, still have a one-year deadline to file.
- Special rules apply to medical malpractice, wrongful death, and other specific claims.
- Missing deadlines results in permanent loss of legal rights.
- Early legal consultation is essential for protecting your claim.
Louisiana Personal Injury Statute of Limitations (SOL) by Case Type
Louisiana law establishes different prescriptive periods depending on when your injury occurred and the type of personal injury claim:
For Accidents After July 1, 2024
Most personal injury cases now have a two-year prescriptive period under Louisiana Civil Code Article 3493.1. This applies to:
- Car accidents and motor vehicle collisions
- Truck and motorcycle crashes
- Slip and fall accidents
- Premises liability cases
- Dog bite injuries
- Most negligence-based claims

For Accidents Before July 1, 2024
Personal injury claims for accidents that occurred before July 1, 2024, remain subject to the one-year prescriptive period under the previous law.
This historic change doubled the time available for most personal injury cases, bringing Louisiana more in line with the SOLs of other states.
When the Prescriptive Period Begins
The prescriptive period typically begins running from the date of injury, the day your accident occurred. However, Louisiana law recognizes that some situations require different starting points:
Standard Rule
For most personal injury cases, the prescription (SOL) commences on the day the injury or damage is sustained. This applies whether you immediately recognize the full extent of your injuries or not.
Discovery Rule
In limited circumstances, Louisiana applies a "discovery rule" when:
- The injury was not immediately apparent
- The connection between the incident and the injury was not obvious
- The defendant concealed their wrongdoing
The discovery rule allows the prescriptive period to begin when you knew or reasonably should have known about your injury and its cause. However, courts apply this rule strictly and require clear evidence that the injury could not have been discovered earlier.
What Are the Exceptions to the Louisiana Statute of Limitations?
Beyond the general rules for personal injury cases, certain situations are governed by specific legal exceptions that can significantly alter the standard deadlines.
Minors (Under 18)
When a minor suffers a personal injury, the prescriptive period does not begin until their 18th birthday. This means:
- For injuries after July 1, 2024: Minors have until their 20th birthday to file suit.
- For injuries before July 1, 2024: Minors have until their 19th birthday to file suit.
Product Liability
Most product liability claims still follow a one-year prescriptive period, with limited exceptions for minors with permanent disabilities.
Wrongful Death
Wrongful death claims have a one-year prescriptive period from the date of death, not the date of the incident that caused death.
Medical Malpractice
Medical malpractice cases follow special rules under Louisiana Revised Statutes § 9:5628:
- One year from the date of discovery of the alleged malpractice
- Three year absolute maximum from the date the malpractice occurred
- Claims must be filed with the medical review panel before court filing

Crimes of Violence
If your injury resulted from a crime of violence (aggravated assault, battery, etc.), you have two years from the date of injury under Louisiana Civil Code Article 3493.3.
What Are the Consequences of Missing the Deadline?
Failing to file your personal injury lawsuit within the applicable prescriptive period has severe consequences:
Complete Loss of Legal Rights
Once a prescription runs, you permanently lose your right to seek compensation through the courts. No amount of evidence or severity of injury can overcome an expired prescriptive period.
Defendant's Right to Dismissal
The defendant can request that the court dismiss your case based solely on prescription. Courts routinely grant these motions when the deadline has clearly passed.
Loss of Settlement Leverage
Even if you're still negotiating with insurance companies, an expired prescriptive period eliminates your ability to file suit. This removes your negotiating leverage and often results in lowball settlement offers or claim denials.
No Recovery for Any Damages
You lose the right to recover:
- Medical expenses and future medical costs
- Lost wages and diminished earning capacity
- Pain and suffering
- Punitive damages (where applicable)

Factors That Can Affect Your Deadline
The statute of limitations or prescriptive period in Louisiana can be affected by a number of factors that can be the difference between a successful claim and one that is dismissed before it even begins.
- Interstate Issues: If you were injured in Louisiana but reside in another state, Louisiana's prescriptive periods still apply, as the injury occurred within its borders. However, if the at-fault party leaves Louisiana before you file suit, the prescriptive period may be suspended while they're absent.
- Mental Incapacity: The prescriptive period may be suspended if the injured person lacks the mental capacity to understand their legal rights. It resumes when capacity is restored.
- Interruption of Prescription: Filing a proper lawsuit in the correct court "interrupts" prescription and stops the clock. However, filing in the wrong court or with incorrect procedures does not interrupt the prescription.
- Multiple Defendants: If you properly sue one defendant within the prescriptive period, you may be able to add other liable parties later, even if their individual deadlines have passed.
Take Action on Your Personal Injury Claim with Rice & Kendig
Time is the enemy of every personal injury case in Louisiana. The prescriptive periods are strict, and courts rarely make exceptions. Whether you suffered a car accident, slip and fall, medical malpractice, or any other personal injury, immediate action is essential.
At Rice & Kendig, we handle all the details of your claim to ensure your rights are protected and your case is filed on time. Contact us today for your free consultation. Every day you wait is one day closer to losing your legal rights forever.
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Missed Deadlines = Lost Compensation
Rice & Kendig's personal injury attorneys have over 40 years of experience protecting Louisiana accident victims' rights and ensuring claims are filed on time.
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