What Is the Property Damage Statute of Limitations in Louisiana?

When your Louisiana property is damaged by someone else's carelessness or intentional wrongdoing, you might consider filing a property damage claim to get compensation ("damages," in the language of the law) for your losses. If so, you should understand Louisiana's property damage statutes of limitations and how they might apply to your situation.

Filing Deadline for Louisiana Property Damage Lawsuits

A "statute of limitations" is a state law that puts a limit on your time to file a lawsuit in court. Every state has lots of them, with different time limits depending on the kind of case you file.

Louisiana has two statutes of limitations for property damage claims. The first applies to movable property, also known as personal property. The second applies to immovable property, which generally means real estate and things that are permanently attached to it.

Movable Personal Property

Movable personal property encompasses a wide range of things, including furniture, autos, clothing, electronics, and just about anything else you can pick up and take with you when you move. When this property is damaged by another's wrongdoing, you have two years—usually from the date the property was damaged—to file a lawsuit in court. (La. Civ. Code Art. 3493.1 (2025).)

Note that this law was amended effective July 1, 2024. Before the amendment, the filing deadline was one year. If your property is damaged on or after July 1, 2024, the two-year deadline applies. For damage done before that date, the one-year time limit applies.

Say your auto was damaged in a minor Louisiana fender bender that happened on July 2, 2024. You have two years from the date of the accident to sue. If the accident happened on or before June 30, 2024, the deadline to sue is just one year from the date of the collision.

Immovable Property

Effective for damage to immovable property that happens on or after July 1, 2024, Louisiana has a separate statute of limitations for immovable property. La. Civ. Code Art. 3493.2 (2025) gives you two years to file a lawsuit. The two-year clock runs from the earlier of the date you:

• discovered the property damage, or
• should have discovered it, had you been reasonably diligent to look.

In general, immovable property includes anything that's permanently attached to real estate. Homes and other buildings are good examples. Personal property that's affixed to a home or building—things like cabinets, faucets, or a furnace (the law calls these "fixtures")—are generally considered immovable property, too.

If the property damage happened on or before June 30, 2024, the same one-year deadline for damages to movable personal property (discussed above) applies. In other words, you have just one year to file a lawsuit in court.

Get more details on how property damage claims work.

What If You Miss the Louisiana Lawsuit Filing Deadline?

Your property damage claim is legally dead once the statute of limitations expires. Nothing you do will bring it back to life. Try to file a lawsuit and the defendant (the party you're suing) will ask the court to dismiss it. Unless an extension applies (see below), the court will have no choice but to grant that request.

If you're worried that the limitation period on your claim is about to run out, it's imperative that you speak to a Louisiana property damage lawyer right away. Don't delay, because time is the enemy of your case. Here's what you need to ask.

• What is the statute of limitations on my property damage claim?
• Has the filing deadline passed, or is it about to pass very soon?
• If the deadline has passed or is about to, is there an extension that will give me more time?

Remember that lawyers are trained to argue the facts in ways that benefit their clients. If there's a good faith argument that the statute of limitations hasn't expired or that you should get an extension of time to file, a lawyer will probably spot it.

Does the Statute of Limitations Apply to Insurance Claims?

Technically no, but as a practical matter, yes, it does. What does that mean?

The statute of limitations only applies to lawsuits filed in court, not to insurance claims. As mentioned above, though, once the filing deadline runs out, you no longer have a legally-enforceable claim. In other words, you've lost the ability to go to court and force the defendant to pay for your damages. Without the threat of a lawsuit to back you up, you don't have any negotiating leverage. So practically speaking, the statute of limitations does apply to your insurance claim.

The insurance adjuster assigned to your claim will check the statute of limitations, probably before they do anything else. If the lawsuit deadline has passed, you'll get a quick letter denying your claim and explaining that the statute of limitations has run out. If the deadline is close but hasn't expired, the adjuster will do everything in their power to drag their feet until its too late for you to sue.

Long story short: The statute of limitations is a stone-cold claim killer. Ignore it at your peril. If you think you have a property damage claim that you want to pursue, contact a lawyer for statute of limitations advice that's specific to your case.

Can the Property Damage Statute of Limitations Be Extended?

In some situations, Louisiana law extends the lawsuit-filing deadline, giving you more time to sue. Keep in mind that the extensions we discuss here are exceptions to the normal rules. The burden is on you to convince the court that an extension applies.

Minors might get more time. One usually-straightforward extension is for unemancipated minors, meaning those younger than 18 who haven't been declared emancipated from their parents. When a minor suffers damage to moveable property, the statute of limitations doesn't start running until their 18th birthday. For losses on or after July 1, 2024, then, the minor has until their 20th birthday—two years after their 18th birthday—to sue for moveable property damage. For losses before that date, the deadline is their 19th birthday.

Louisiana's "discovery rule." Generally speaking, the statute of limitations clock runs from the date the property damage happened. But what if you don't know right away that your property was damaged or destroyed? If the deadline clock starts ticking immediately, you might run out of time to sue before you even know you have a claim.

In those situations, Louisiana's "discovery rule" might allow you more time to file. When this rule applies, the statute of limitations runs from the date you discovered (or should have discovered) your loss and what likely caused it. (See Harvey v. Dixie Graphics, Inc., 593 So. 2d 351, 354 (La. 1992).)

A word of caution: The discovery rule doesn't apply in all cases. Before you rely on it, speak to a Louisiana lawyer for advice specific to your case. Expect the defendant (the party you're suing) to object to you getting more time to sue. You'll want a lawyer to fight that battle for you.

Where Do I File a Property Damage Lawsuit In Louisiana?

Where you file your Louisiana property damage lawsuit depends in large part on the amount of damages you're asking the court to award.

If your damages are $20,000 or more, Louisiana's district courts are probably the right option. There are 42 judicial districts in Louisiana, each consisting of at least one parish. You'll usually file your property damage lawsuit in the district where the person you're suing lives.

There are also 50 city courts in Louisiana, where you can't ask for more than a certain amount from the person you're suing. The limit might be anywhere from $15,000 to $50,000, depending on the particular court's rules.

Small claims court is an option for your Louisiana property damage case, as long as you're not seeking more than $5,000 from the defendant.

Do You Need a Lawyer for a Property Damage Claim?

It can be a challenge to find a lawyer who's willing to take a standalone property damage claim. In addition, paying for a lawyer's services might not be worth it, if the case is fairly straightforward and there's insurance coverage to pay for your losses. Handling the claim on your own, at least initially, might make the most sense.

But reaching out to a Louisiana lawyer might be a good idea if things get contentious. And a lawyer's help can be crucial if, on top of property damage, your case involves personal injury or some other legal issue.

Get tips on finding the right lawyer for you and your case.