Louisiana · Personal Injury Statute of Limitations

How long do you have to file a personal injury lawsuit in Louisiana?

Louisiana gives you 2 years from the date of injury to file a personal injury lawsuit under La. Civ. Code art. 3493.1.

Updated 2026-05-22 · See all 50 states

Key facts: Louisiana

Personal injury deadline
2 years
La. Civ. Code art. 3493.1
Wrongful death deadline
1 year
La. Civ. Code art. 2315.2
When the clock starts
Generally the date of injury for personal injury claims; the date of death for wrongful death. Louisiana follows the discovery rule for most negligence claims, which delays accrual when the injury was not, or could not reasonably have been, discovered at the time.
Last verified
2026-05-22
Source type
Primary (state code or court opinion)

Details and exceptions for Louisiana

Louisiana’s PI prescriptive period increased from one year to two years effective July 1, 2024 under Act 423 (codified at La. Civ. Code art. 3493.1). The two-year period applies only to injuries on or after July 1, 2024; pre-July-2024 injuries remain on the one-year period. Wrongful death remains one year from the date of death under art. 2315.2.

Related: Louisiana comparative negligence rule

Louisiana follows a modified 51% bar rule. Effective January 1, 2026, Louisiana switched from pure comparative fault to modified comparative fault with a 51% bar under Act 15 of 2025. Accidents occurring before 1/1/2026 remain under the prior pure-comparative regime.

Read the full Louisiana comparative negligence rule →

This page is informational and does not constitute legal advice. Notice deadlines for claims against governmental units, medical malpractice, intentional torts, and other special categories run on separate tracks and can be much shorter. Confirm the controlling rule with a licensed Louisiana attorney before relying on it.

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Louisiana Statute of Limitations FAQ

How long do I have to file a personal injury lawsuit in Louisiana?

In Louisiana, the general personal injury statute of limitations is 2 years from the date of injury under La. Civ. Code art. 3493.1. Louisiana’s PI prescriptive period increased from one year to two years effective July 1, 2024 under Act 423 (codified at La. Civ. Code art. 3493.1). The two-year period applies only to injuries on or after July 1, 2024; pre-July-2024 injuries remain on the one-year period. Wrongful death remains one year from the date of death under art. 2315.2.

Does Louisiana have a separate deadline for wrongful death?

Yes. Louisiana's wrongful death statute of limitations is 1 year under La. Civ. Code art. 2315.2. The clock typically begins on the date of death rather than the date of the underlying injury.

What happens if I miss the Louisiana personal injury deadline?

The court will almost certainly dismiss the lawsuit on a motion by the defendant, regardless of the strength of the underlying claim. Some exceptions can pause or extend the deadline, including the discovery rule, tolling for minors, and tolling while a defendant is out of state, but none are automatic. Talk to a Louisiana personal injury attorney before assuming a claim is barred.

What is Louisiana's comparative negligence rule?

Louisiana follows a modified 51% bar rule under La. Civ. Code art. 2323 (as amended by 2025 La. Act 15, HB 431). Effective January 1, 2026, Louisiana switched from pure comparative fault to modified comparative fault with a 51% bar under Act 15 of 2025. Accidents occurring before 1/1/2026 remain under the prior pure-comparative regime.

Where can I read the actual statute?

The controlling statute is La. Civ. Code art. 3493.1. The full text is available on the official Louisiana legislature website at https://legis.la.gov/legis/Law.aspx?d=1386443.

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