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Louisiana Statute of Limitations

In Louisiana, we use the term “Prescriptive Period” to describe what most other states call "Statutes of limitations.” These periods and limitations are laws that establish time limits on how long you have to file a "civil" lawsuit, like a personal injury or wrongful death lawsuit. These time limits depend on the type of legal claim involved in the case, and differ from state to state. For example, in some states you may have one year to file a personal injury lawsuit after you were hurt in a car accident, but in other states you may have two or three years.

Generally, the time period begins to run on the date your claim arises or "accrues,” like the day of the car accident. Once the prescriptive period/statute of limitations has expired or "runs," your claim is lost. If you file a lawsuit after the prescriptive period runs, the defendant will file an exception of prescription alleging you waited too long and your claim is prescribed or time barred.

Below are some prescriptive periods/ statutes of limitations in Louisiana for various civil claims. The list doesn't cover everything and laws may change at any time. Don’t rely on this list to make a decision. Be sure to check the current laws and read them carefully, and/or talk to an experienced attorney that can answer your questions.

Many of the civil law statutes of limitations/prescriptive periods are in the Louisiana's Civil Code (starting with "article" 3492). Some can also be found in the Louisiana Revised Statutes.

This is a sample of the time limits below. Read each statue and other applicable statues for a full understanding. This is not a substitute for legal advice, and is only for general informational purposes. Do not rely on this information. It is best to seek legal advice from an experienced personal injury lawyer.

Description

Statute

Personal Injury, 1 year

La. Civ. Code art. 3492

Product Liability, 1 year

La. Civ. Code art. 3492

Property Damage, 1 year

La. Civ. Code art. 3492

Wrongful Death, 1 year

La. Civ. Code art. 3492

If you are going to attempt to deal with an insurance company / adjuster yourself, be aware of the prescriptive periods and statute of limitations. Do not get lulled or fooled by the insurance company/adjuster into letting your claim become barred. Don’t wait until the last minute, day, week, or even month. Contact our team at Joseph A. Gregorio, A Professional Law Firm as soon as an accident happens, so we can help you achieve the best possible outcome.

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