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

1 year

Louisiana personal injury: 1 year from the incident.

Governing statute: La. Civ. Code art. 3492 (1-yr prescription). Verified against the published code: 2026-06-22.

Louisiana Personal Injury Deadline Calculator

Clock generally starts on the date of the injury (or, under the discovery rule, when the injury was or should have been discovered).

The bottom line

In Louisiana, you generally have 1 year to file a personal injury lawsuit, counted from the date of the injury (or, under the discovery rule, when the injury was or should have been discovered) (La. Civ. Code art. 3492 (1-yr prescription)). The discovery rule, minority (under-18) tolling, and claims against government entities (often a much shorter notice-of-claim window, e.g. 6 months) can change this deadline.

Don't risk your deadline

Missing the statute of limitations usually ends your case permanently. Talk to a personal injury attorney—most offer a free consultation.

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Frequently asked

How long do I have to file a personal injury lawsuit in Louisiana?
1 year, generally from the date of the injury (or, under the discovery rule, when the injury was or should have been discovered) (La. Civ. Code art. 3492 (1-yr prescription)).
When does the personal injury clock start in Louisiana?
the date of the injury (or, under the discovery rule, when the injury was or should have been discovered). The discovery rule, minority (under-18) tolling, and claims against government entities (often a much shorter notice-of-claim window, e.g. 6 months) can change this deadline.
What happens if I miss the deadline?
Filing after the statute of limitations almost always means the court will dismiss your case and you lose the right to recover. A few narrow exceptions (tolling, the discovery rule, minority) can extend it — an attorney can tell you whether any apply.

Louisiana deadlines by claim type

Claim typeDeadlineStatute
Personal Injury1 yearLa. Civ. Code art. 3492 (1-yr prescription)
Breach of Contract10 yearsLa. Civ. Code art. 3499
Medical Malpractice1 yearLa. Rev. Stat. § 9:5628
Defamation (Libel / Slander)1 yearLa. Civ. Code art. 3492
Property Damage1 yearLa. Civ. Code art. 3492
Not legal advice. This page is informational only and is not a substitute for advice from a licensed attorney. Statutes of limitations are subject to many exceptions — tolling, the discovery rule, minority (under-18) and incapacity rules, government notice-of-claim deadlines (often far shorter), and statutes of repose — any of which can shorten or lengthen the deadline in your specific case. The governing statute citation and the date it was verified are shown above so you can confirm the current text yourself. Never rely on this page to decide whether you can or cannot sue. Consult a licensed attorney in your state before your deadline.