If you were hurt in an accident in Louisiana, one of the most important things you need to know is the state’s two-year statute of limitations. This rule controls how long you have to file a personal injury claim. Many people do not realize how fast that year can pass, especially when they are dealing with medical care, car repairs, or missing work. Understanding this law can help you protect your rights and avoid losing your chance to recover money for your injuries.
What Is a Statute of Limitations?
A statute of limitations is a law that sets a deadline for filing a lawsuit. Every state has its own deadlines, and they vary depending on the type of case. Louisiana uses the term “prescription” to note our statute of limitation period.
In Louisiana, the deadline for most personal injury cases is only two years from the date of the accident. This includes car accidents, slip and falls, dog bites, and many other types of injuries. If you wait longer than one year, the court will almost always refuse to hear your case. That means you lose the right to seek compensation, no matter how strong your claim might be.
Has this period always been two years?
Many states give injured people up to three years to file. Louisiana is different. Previously, Louisiana had a one-year prescriptive period. This was amended recently and as of July 1, 2024, there is now a two-year period. This two-year period covers many types of accidents, such as car accidents, automobile collisions, slip and fall events, dog bites, wrongful death, and almost all other negligence-based claims (which we call “delictual actions” in Louisiana to be doubly different).
There are certain specialized injury claims that still follow the old one year period, such as medical malpractice and product liability cases. These are just two examples and not the entire list of “one year” claims.
This strict timeline means you must act quickly after an accident. Waiting too long, even by mistake, can cost you the ability to recover money for medical bills, lost wages, pain and suffering, and other damages.
What Happens If You Miss the Deadline?
If you file your personal injury claim after the one-year mark, the court will likely dismiss your case right away. The judge will not look at the facts, the evidence, or who was at fault. Missing the deadline almost always ends the case before it even begins. Insurance companies know this, and they may delay responding or negotiating in hopes that the deadline passes. This is why contacting a lawyer early can make a big difference.
Are There Any Exceptions?
Louisiana does have a few exceptions, but they are limited and do not apply to most people. Sometimes the deadline can be paused if the injured person is a minor or if the injury was not discovered right away. For example, if a child is hurt, the one-year period may not start until they turn 18. If someone discovers a hidden injury later, the timeline may begin when they first learned about the problem. Still, these exceptions can be hard to prove, and judges enforce the rules strictly. Never assume an exception applies without getting legal guidance.
Why It’s Important to Act Quickly
After an accident, it can be tempting to wait and see how you feel, deal with insurance, or hope things settle down on their own. But waiting can be risky. Evidence can disappear. Witness memories fade. Camera footage gets erased. Cars get repaired before photos are taken. Acting early helps protect your case and makes it easier to prove what happened. Contacting an attorney as soon as possible can help you stay on track, understand the process, and avoid missing important deadlines.
How a Lawyer Can Help You Meet the Deadline
A personal injury lawyer can guide you through each step of the process. They can investigate the case, collect medical records, speak with insurance companies, and make sure your claim is filed before the deadline. When you work with an experienced team like Colonna Law Firm, you get support from people who understand Louisiana’s legal system and know how to protect your rights. A lawyer can also explain whether any exceptions apply and help you avoid mistakes that could hurt your case.
Why Choosing the Right Firm Matters
Not all law firms have the same experience with Louisiana’s strict time limits. You need someone who understands these rules clearly and acts fast to protect you. When you choose Colonna Law Firm, you have a team focused on moving your case forward quickly and effectively. They can help you avoid delays, gather strong evidence, and deal with insurance companies that may try to take advantage of the one-year deadline.
Final Thoughts
Louisiana’s two-year statute of limitations for personal injury claims is one of the shortest in the country. That means you must take action as soon as possible after an accident. Waiting too long can cause you to lose your right to your claim forever. By learning about this rule and reaching out to an experienced attorney early, you can protect your rights and give yourself the best chance to recover the compensation you deserve. If you’ve been injured, do not wait. Understanding the deadline—and getting help right away—can make all the difference.
