Louisiana Personal Injury Laws and Statutes of Limitations

You've been injured in Louisiana and you're considering an insurance claim or a personal injury lawsuit. But you have questions about Louisiana law. Where do I file a lawsuit? How much time do I have to sue? What happens if I was partly to blame for the accident?

You're in the right place. We've got answers to those questions and more. We begin with the state's lawsuit-filing deadlines.

Louisiana Personal Injury Lawsuit Statutes of Limitations

A "statute of limitations" is a law that puts a deadline on the time you have to file a lawsuit in court. Miss the deadline and, in the language of the law, your legal claim is likely "time-barred." Stated more plainly, you've lost the right to sue.

Like every state, Louisiana has statutes of limitations. But Louisiana law uses different terminology. Instead of "statutes of limitations," Louisiana's lawsuit filing deadlines are called "prescriptive periods." The language might be different, but the idea is the same: Try to file a lawsuit after the prescriptive period has ended and you're probably out of luck. For the sake of simplicity, we'll stick with the more familiar "statute of limitations."

Starting with Louisiana's one-year general rule, we review the personal injury statutes of limitations you're most likely to encounter

Louisiana's General Rule: One Year From the Date You're Injured

In almost all Louisiana personal injury cases, you have one year—usually starting on the date you're injured—to file a personal injury lawsuit in court. (La. Civ. Code Art. 3492 (2024).) This is the statute of limitations for lawsuits concerning:

• motor vehicle accidents (including passenger, pedestrian, motorcyclist, and bicyclist claims)
• dog bites
• premises liability, meaning slip-and-fall and other injuries caused by dangerous or poorly maintained real estate
• injuries caused by dangerous products (a "product liability" claim)
• defamation of character, and
• most injuries resulting from intentional misconduct like an assault or battery, or false imprisonment (but see "Crimes of violence," below).

Other Louisiana Personal Injury Statutes of Limitations

Article 3492 governs most, but not all, Louisiana personal injury lawsuits. Here are some other statutes of limitations covering specific kinds of claims.

Wrongful death actions. When personal injuries result in death, surviving family members might decide to file a Louisiana wrongful death lawsuit. The same one-year filing deadline applies, but the clock starts ticking on the date of death. (La. Civ. Code. Art. 2315.2(B) (2024).)

Medical malpractice lawsuits. Under La. Rev. Stat. § 9:5628(A) (2024), you must file a Louisiana medical malpractice lawsuit within one year from the date of the malpractice or, if later, the date you discovered the malpractice. Note, importantly, that there's a limit on how much time you have to discover your claim. The latest you can sue is three years from the date of the malpractice.

Crimes of violence. You're allowed a bit more time to file suit when you've been hurt in a crime of violence, such as aggravated assault. The filing deadline is two years from the date you were injured. (La. Civ. Code. Art. 3493.10 (2024).)

Extending Louisiana's Statute of Limitations Deadline

In some situations, Louisiana law extends the statute of limitations deadline, giving you more time to file your lawsuit. Keep in mind that the two extensions we discuss here are exceptions to the normal filing-deadline rules. The burden will be on you to convince the court that an extension applies.

Minors get more time. One usually-straightforward extension is for minors, meaning those younger than 18 who haven't been declared emancipated from their parents. When a minor gets injured, the statute of limitations doesn't start running until their 18th birthday. In most cases, then, a minor has until their 19th birthday to sue for personal injuries. (See La. Civ. Code Art. 3492 (2024).)

Louisiana's "discovery rule." Generally speaking, the statute of limitations clock runs from the date you were injured. But what happens if you don't know right away that you've been hurt? If the deadline clock starts ticking that day, you might run out of time to sue before you even know you have a claim.

In those situations, Louisiana's "discovery rule" can give you more time to file. When this rule applies, the statute of limitations runs from the date you discovered (or should have discovered) your injury 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 personal injury 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.

What If I Miss Louisiana's Filing Deadline?

Contact a personal injury lawyer right away if you're worried that the statute of limitations for your claim has expired, or is about to run out very soon. Here's what you should ask.

• What is the statute of limitations for my case?
• Has the filing deadline passed, or is it about to run out very soon?
• If the statute of limitations has expired, is there an extension that might give me more time?

Lawyers are trained to make arguments favoring the facts of their client's case. If there's a good faith argument that you should have more time to bring your lawsuit, a lawyer is going to spot it.

When you're out of time and no extension can be had, then your legal claim is dead. As far as Louisiana is concerned, you don't have a claim. So if you file a lawsuit, the court will dismiss it. The defendant won't negotiate a settlement with you, either. Again, you no longer have a claim, so there's no reason for the defendant to negotiate or to pay you anything.

You've lost the right to collect compensation ("damages") for your injuries.

Where Do I File a Louisiana Personal Injury Lawsuit?

Louisiana's entry-level court of original, general jurisdiction—meaning the court where most cases, criminal and civil, begin—is called the district court. It's the court where nearly all personal injury lawsuits are filed. Your case is likely to be filed there, too.

Choose the Proper Venue

Louisiana is divided into 42 judicial districts, each consisting of at least one parish. But you're not allowed to simply file your lawsuit in any district you choose. You must select the proper venue, or judicial district. For most personal injury cases, you can file in the district where:

• the defendant lives, if the defendant is an individual living in Louisiana
• the defendant has its main place of business or its main office, if the defendant is a Louisiana business, or
• the incident or event that caused your injury happened.

Depending on the facts of your case, you might have other venue options.

Limited Jurisdiction Courts

Louisiana also has several courts of "limited jurisdiction," meaning the amount of damages you can recover is limited. For example, in Louisiana's city courts, the limit can be anywhere from $15,000 up to $50,000, depending on the court's rules. Parish courts also limit the damages you can collect.

Small Claims Court

When your damages don't exceed $5,000, you can file a small claims case in the small claims division of a city court or a justice of the peace court. You're also allowed to bring a small claims suit if your damages are more than $5,000, but you're willing to accept no more than $5,000 to resolve your case.

While the amount you can collect is limited, cases tend to move more quickly in small claims court than in Louisiana's other courts. Proceedings there are simpler and less formal than in the district court. You're allowed to have a lawyer in small claims court, but if you choose to, you can represent yourself.

(Learn more about Louisiana small claims lawsuits.)

When You Should Hire a Lawyer

You should hire a lawyer to represent you if you plan to file your personal injury case in the district court. The same is true if you're planning to file in a limited jurisdiction court other than the small claims court. Why? Among other reasons, because your case will be governed by a complex and confusing array of rules, including the Code of Civil Procedure and the Code of Evidence.

Chances are you're not familiar with these rules, but you can bet that the defendant's lawyer will be. The time to learn them isn't while you're trying to manage your own personal injury case. You need a lawyer who understands the rules to prepare, file, and handle the suit on your behalf.

What If I'm Partly to Blame for My Louisiana Personal Injury?

In the usual personal injury case, to collect damages you must prove that the defendant's negligence caused you an injury. Most often, the defendant will argue that you were negligent, too. Why? This is a defense called "comparative negligence." If it succeeds, it reduces (or might completely eliminate) your damages.

Louisiana's Comparative Negligence Rule

Under Louisiana's comparative negligence rule, you can collect some damages for your injuries even if you were partly to blame for what happened. Your percentage share of the total negligence simply reduces the damages you get by that amount. Should you be found 100% to blame for the accident or event that caused your injuries, you can't collect any damages. (La. Civ. Code Art. 2323(A) (2024).)

How Does Louisiana's Comparative Negligence Rule Work?

As you slowed your car on approaching a traffic light, you were rear-ended. Unbeknown to you, because of a blown fuse, your brake lights weren't working. You sued the driver who hit you for negligence. That driver answered that your own negligence also contributed to cause the accident.

After a trial, the jurors find that the other driver was 90% negligent. But they agree that you were partly to blame too, assigning 10% of the fault to you. The jurors assess your total damages at $50,000. How much of this can you collect? Because you were 10% negligent, you can recover 90% of your damages: $50,000 x 90% = $45,000. The other driver's insurer will write you a check for that amount.

What would be the outcome had the jury decided you were 90% to blame? You could still get 10% of your damages, or $5,000. You'd get no damages if the jury decided you were 100% to blame for the wreck.

Will Louisiana's Comparative Negligence Rule Apply to My Insurance Claim?

Technically, no. Louisiana courts must follow the comparative negligence rule if an injury lawsuit makes it to trial. But there's no law requiring that the rule must be applied to an insurance claim. That said, expect the insurance adjuster to argue your comparative negligence during settlement negotiations.

Insurance companies approach settlement talks with an eye toward what's likely to happen if a case goes to trial. Because your comparative negligence will be fair game during a trial, it's also going to factor into the settlement value of your claim.

Does Louisiana Have Caps on Personal Injury Damages?

Damage "caps"—limits on the personal injury damages you can recover even if you win your case—are fairly common. A few states cap some damages across the board, in all injury cases. More often, though, states limit damages in specific types of personal injury cases.

Louisiana caps damages in:

• medical malpractice cases, and
• lawsuits against the government, State or local.

An Overview of Personal Injury Damages

If you win your personal injury case, you'll probably collect what the law calls "compensatory damages." As the name suggests, these damages are meant to compensate you for your injury-related losses. Compensatory damages fall into two categories.

• Economic damages. Also referred to as "special" damages, these reimburse you for losses you pay out of your pocket (or your insurance company pays for you). Medical bills, lost wages, amounts you pay for replacement household services, and similar expenses fall into this category.
• Noneconomic damages. Sometimes called "general" damages, noneconomic damages are intended to make you whole for losses that don't cost you directly out of pocket. Loss of enjoyment of life, disability and disfigurement, pain and suffering, and emotional distress are common examples.

Louisiana Caps Damages in Medical Malpractice Cases

With one important exception, Louisiana caps total damages—both economic and noneconomic—at $500,000 in medical malpractice cases. (La. Rev. Stat. § 40:1231.2(B)(1) (2024).) The lone exception allows for payment of future medical expenses when total damages reach the cap amount. (La. Rev. Stat. § 40:1231.3(A) (2024).)

Damages in Lawsuits Against the Government

As is true with all states, Louisiana limits the damages you can collect in a suit against the State or a local government. Damages for personal injury or wrongful death are capped at $500,000. Future medical expenses in excess of the cap will be paid, too. (See La. Rev. Stat. § 13:5106(B) (2024).)

Get Help With Your Personal Injury Case

We've covered some of the basics of Louisiana personal injury law. But if you've been hurt by another person's negligent or intentional misconduct and you're considering a claim or a lawsuit, there's much more you need to know. A Louisiana personal injury lawyer knows Louisiana law, the court rules, and the claim valuation and settlement practices in your area. Your best chance of a favorable result will come from having experienced legal counsel in your corner.

When you're ready to move forward, here's how you can find an attorney near you.