Louisiana Personal Injury Statute of Limitations

Louisiana follows a fault-based system for personal injury claims, which means that the party responsible for causing an accident is also liable for the resulting damages. Taking this into account, the state law imposes a strict time limit for filing a claim—known as the statute of limitations. Louisiana’s statute of limitations for personal injury claims is one of the shortest in the country.

General Statute of Limitations for Personal Injury Claims in Louisiana

Under Louisiana Civil Code Article 3492, the statute of limitations for filing a personal injury lawsuit is one year from the date of the injury. This means that if you suffer injuries in an accident, you must initiate legal proceedings within 12 months from the date of the incident. This strict deadline applies to various personal injury claims, including:

• Auto accidents
• Slip and fall injuries
• Defective product injuries
• Wrongful death

The Discovery Rule and Exceptions

Louisiana follows a strict one-year statute of limitations with limited exceptions. However, in cases where the injury was not immediately apparent, the “discovery rule” may apply. Under this doctrine, the statute of limitations may begin from the date the injury was reasonably discovered, rather than the actual date of the accident.

Wrongful Death Claims

For wrongful death cases, Louisiana Civil Code Article 2315.2 sets the statute of limitations at one year from the date of death. This means that the deceased's family or estate representatives must file a wrongful death lawsuit within 12 months of the individual's passing, rather than the date of the accident that eventually caused the death.

Claims Against Government Entities

If your personal injury claim involves a government entity, different rules apply. Under Louisiana Revised Statutes 13:5106, claims against state, parish, or municipal governments typically require a notice of claim to be filed within six months of the injury. At the same time, plaintiffs still need to adhere to the general one-year statute of limitations when pursuing legal action.

Minors and Legal Incapacity

For personal injury cases involving minors, the statute of limitations may be tolled (paused) until the child turns 18. This means that a minor generally has one year from their 18th birthday to file a personal injury lawsuit, unless a parent or legal guardian initiates the claim on their behalf sooner.

For individuals who are mentally incapacitated at the time of their injury, Louisiana law may allow for tolling the statute of limitations until they regain legal competency.

What Happens if You Miss the Deadline?

Failing to file within Louisiana’s statute of limitations will generally result in the dismissal of your claim. The defendant (the negligent party) can request that the court dismiss the case due to the expired deadline, and in most instances, the court will comply. This means that you would lose your right to pursue compensation for medical expenses, lost wages, pain and suffering, and other damages.

Steps to Protect Your Legal Rights

To ensure your personal injury claim is filed within the statute of limitations, follow these key steps:

1. Seek Immediate Medical Attention: Even if your injuries seem minor, medical records will serve as vital evidence in your case.
2. Document Everything: Keep records of accident reports, medical bills, witness statements, and other relevant evidence.
3. Consult a Personal Injury Attorney: A skilled lawyer will help you understand Louisiana’s statute of limitations and ensure that your claim is filed on time.
4. File Your Lawsuit Promptly: Avoid delays by taking legal action as soon as possible to preserve your right to compensation.

Why Early Legal Representation from Louisiana Personal Injury Lawyers Matters

Time is of Essence in Louisiana Due to its Short Deadline

Louisiana has one of the most unforgiving deadlines for personal injury claims. Under Louisiana Civil Code Article 3492, injured victims have only one year from the date of the accident to file a lawsuit. This is one of the shortest statutes of limitations in the nation.

Failing to take legal action within this timeframe can result in the loss of your right to seek compensation, no matter how strong your case may be. Retaining a skilled Louisiana personal injury lawyer early ensures that all necessary legal steps are taken before this strict deadline expires.

Need to Ensure Proper Medical Attention

Seeking immediate medical care after an accident is essential—not just for your health, but also for the strength of your claim. Insurance companies frequently downplay injuries and argue that delays in treatment mean the injuries were not serious or were unrelated to the accident. 

A personal injury lawyer can help ensure that you receive proper medical care from reputable providers while documenting your injuries in a way that strengthens your claim. Early legal intervention can also help connect you with medical professionals who work on a lien basis, which means they defer payment until your case is resolved.

Shielding You from Insurer Tactics

Insurance companies have one goal: to minimize payouts. Adjusters may try to obtain recorded statements, twist your words, offer lowball settlements, or delay claims in the hope that you will accept less than you deserve.

Some insurers even attempt to pressure injured victims into signing away their rights before they fully understand the extent of their injuries.

An experienced Louisiana personal injury lawyer can act as a buffer between you and the insurance company, ensuring that you are not manipulated into accepting an unfair settlement.

Swift Investigation to Counter the Insurer’s First Mover Advantage

Insurance carriers for the defendants waste no time investigating accidents. Their goal is not to establish the truth but to shape the narrative in their favor. While you are in the hospital, recovering from your injuries, or mourning the loss of a loved one, insurance adjusters, their legal teams, and investigators are already working to minimize their liability.

In many cases, at-fault drivers provide false or misleading statements to law enforcement, and injured victims—unable to speak for themselves at the scene—are left without a voice. If no immediate investigation takes place on behalf of the injured party, the insurance company’s version of events often becomes the accepted “truth.” A personal injury lawyer can launch a counter-investigation, gathering critical evidence before it disappears, including:

• Skid marks and impact marks
• 911 call recordings
• Black box data from vehicles
• Police body camera footage
• Nearby surveillance camera footage
• Eyewitness statements before memories fade

Many major insurance companies deploy "personal injury rapid response teams"—groups of defense lawyers, accident reconstructionists, and claims adjusters—who arrive at crash scenes within hours. Some have even been known to show up before law enforcement clears the scene. Their job is to craft a legal defense strategy before the injured party can even file a claim.

By hiring a trial-ready Louisiana personal injury attorney as soon as possible, you level the playing field and prevent insurers from controlling the evidence and the narrative surrounding your accident.

Get High-Powered Legal Representation from Our Personal Injury Lawyers

At Trust Guss Injury Lawyers, we put you first. Our “Treat First” policy ensures that your health remains the top priority while we aggressively fight for the compensation you deserve. With over 120 dedicated professionals handling personal injury cases 24/7, we waste no time in getting to work on your claim.

• Immediate Medical Care – We make sure you receive the care you need, without delay.
• 24/7 Access – A real person from our team is always available to take your call.
• Client Satisfaction – From day one, our dedicated team ensures you're supported every step of the way.
• 4 Rings – That’s All It Takes – We answer calls fast because your case matters.

Don’t let the insurance companies take advantage of you; reach out to us now. To schedule your free consultation, call us 24/7 at 888-298-4070 or contact us online.