Louisiana Statutes of Limitations
By Susan Buckner, J.D. | Legally reviewed by FindLaw Staff | Last reviewed December 31, 2024
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All states have statutes of limitation. These laws set time limits for plaintiffs and prosecutors to file cases in court. State laws determine the period of time that can elapse after an incident. After that, the statute bars plaintiffs and prosecutors from bringing legal action.
Statutes of limitations ensure fair outcomes in court cases. Criminal statutes of limitation protect a defendant’s right to a speedy trial. Civil statutes give plaintiffs a filing deadline so defendants don’t have the threat of civil actions hanging over them forever. In both cases, limitation periods ensure that law enforcement collects evidence in a timely manner and witness recollections remain fresh.
Louisiana’s civil statutes of limitation are unique in that almost all tort claims have a two-year limit. In other words, claimants have two years following a car accident to file suit. Louisiana recently extended the time limit. Until 2024, all tort claims had a one-year statute of limitations.
Tolling and the Discovery Rule
In some personal injury cases, a plaintiff may not learn about an injury until after the statute of limitations. For instance, you might get exposed to a chemical in a product liability case but not become ill until many years later. The discovery rule allows plaintiffs to start the statute when they discover who or what caused their injury.
Tolling means suspending the filing deadline. In criminal cases, tolling pauses filing criminal charges if a defendant is outside the state or a fugitive. Louisiana law did not allow tolling in civil lawsuits until the 2024 updates. Now, parties may agree to toll cases in some circumstances.
Louisiana Statutes of Limitations
Louisiana Civil Statute of Limitations Laws (Louisiana Civil Code 3493.1 et seq.)
Louisiana calls its statutes of limitations a “prescriptive period.” The prescriptive period for a cause of action (lawsuit) does not run against minors or cases involving product liability lawsuits.
Louisiana Criminal Statute of Limitations Laws (Louisiana Code of Crim. Proc. Art. 571 et seq.)
Under Louisiana law:
- Capital cases and first- and second-degree rape have no statute of limitations
- Sex offenses have a 30-year statute
- Felonies, where the penalty is hard labor, have six-year statutes
- Felonies where the penalty is not hard labor have a four-year statute
- Misdemeanors have a two-year statute of limitations
Prosecutors may charge suspects in cases where DNA evidence exists even after the statute has run.
Get Legal Advice from a Louisiana Attorney
If you have a civil matter, you need legal help from a Louisiana personal injury attorney. In a criminal case, you must have help from a Louisiana criminal defense lawyer. Get information on how the statute of limitations may affect your case immediately.