Louisiana Civil Statute of Limitations Laws

The Louisiana statute of limitations for civil actions, also known as "delictual actions," recently changed. Louisiana had a one-year statute for all civil causes of action. Beginning July 1, 2024, the code updated the limit to two years. Louisiana calls its statutes of limitation "prescriptive periods." These are the same as other states’ statutory periods.

A statute of limitations is a time limit for plaintiffs in a civil action. The statute gives plaintiffs a time period to file a claim after an injury or harm caused by another person. All states have limitations periods on civil and criminal actions. Criminal statutes limit the time prosecutors have to file criminal charges against defendants.

If you have a civil case to file in Louisiana, contact an attorney as soon as possible,

Tolling and the Discovery Rule

Although tort actions have a two-year limitations period, not all victims may learn of their injury immediately. For instance, a car accident may cause a head injury, but the nature of the injury may not be clear for several years. The "discovery rule" extends the limit for personal injury claims from the date of discovery.

Tolling suspends the statute for certain people. The old Louisiana civil code did not allow tolling, but the 2024 update allows parties to agree to tolling in some cases. Ask your attorney if your case qualifies for a tolling agreement. Louisiana’s statutes do not run against minors or cases involving permanent disability in product liability claims (CC 3493.1).

Louisiana Civil Statutes of Limitation

Nearly all civil claims have a two-year statute of limitations. This includes personal injury cases and damages resulting from criminal actions. There are longer limitations periods for real estate claims and court judgments.

Two years (L.A. Civ. Code 3493.1 et seq.)

• Personal injury
• Damage to personal property
• Fraud
• Trespass
• Other tort actions

Three years (L.A. Civ. Code 3494)

• Recovery of wages
• Recovery of rents
• Action on accounts

Five years

• Actions on negotiable instruments (L.A. Civ. Code 3498)

10 years

• Money judgments (L.A. Civ. Code § 3501)
• Written and oral contracts (L.A. Civ. Code § 3499)

Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state laws before making any legal decisions.

Research the Law

• Official State Codes — Links to the official online statutes (laws) in all 50 states and D.C.
• Time Limits to Bring a Case: The Statute of Limitations
• Time Limit Considerations in Medical Malpractice Cases
• Lawsuits: A Practical Guide

Louisiana Civil Statute of Limitations Law: Related Resources

• Louisiana Law
• Louisiana Criminal Statute of Limitations

Get Legal Advice From a Louisiana Personal Injury Lawyer

Understanding Louisiana’s filing deadlines is essential for your personal injury lawsuit. Missing one means the judge may dismiss your case. If you’re filing a legal action, you need legal advice from an experienced Louisiana personal injury attorney before making any legal decisions.