Louisiana Personal Injury Statute of Limitations [2025 Updated]

Accidents can happen when you least expect them, leaving you with physical, emotional, and financial burdens that can last for years—but did you know that the window of time to seek compensation for your injuries just got longer? The Louisiana personal injury statute of limitations was recently extended from one year to two, giving victims more time to pursue justice.

This change gives you more time to hold negligent parties accountable, but it’s still important to act quickly to protect your rights. If you’ve been hurt, understanding how this new law affects your case is the first step toward securing the compensation you deserve.

What Is the Statute of Limitations?

The statute of limitations is a legal deadline for initiating a personal injury claim, and for personal injury cases in Louisiana, this time limit is now two years.

This extension from the previous one-year deadline marks a significant shift in Louisiana law and aligns it more closely with other states. The longer timeframe offers victims more opportunity to gather evidence, negotiate with insurers, and assess the long-term impacts of their injuries. However, while the additional time may seem like a luxury, delays in filing can still pose risks, including the loss of critical evidence or fading witness memories.

Benefits of the Extended Deadline

The two-year deadline benefits those who may initially underestimate the severity of their injuries or face prolonged medical treatment. For example, in cases involving traumatic brain injuries or chronic pain, the full extent of the harm may not be clear within the first few months. The extra time allows victims to seek appropriate medical evaluations, obtain expert opinions, and accurately calculate their damages.

Despite these advantages, it’s still essential to consult an attorney early in the process. Waiting too long to begin your case can weaken your bargaining position, as insurance companies often view delays as signs of a weak claim.

Exceptions to the Statute of Limitations

While the two-year deadline applies to most personal injury cases, there are important exceptions to be aware of. These exceptions can either pause (or “toll”) the clock or create shorter filing deadlines. They include:

1. Claims Involving Minors. If the injured person is under 18, the statute of limitations may not begin until their 18th birthday. This exception ensures that minors have the opportunity to pursue justice once they reach adulthood.
2. Discovery Rule. In some cases, injuries or their causes may not be immediately apparent. For example, medical malpractice or toxic exposure cases may involve harm that only becomes evident months or even years later. The statute of limitations in these cases may start from the date the injury was discovered rather than the date it happened.
3. Government Claims. When the defendant is a government entity, like in cases involving municipal vehicles or unsafe public property, stricter deadlines and procedural requirements often apply. These cases may require formal notice of the claim within 30 to 180 days, depending on the agency involved.

Failing to recognize these exceptions can jeopardize your ability to file a claim. However, consulting with an experienced attorney can ensure that you understand how the statute of limitations applies to your specific case and whether any exceptions may extend or shorten your filing window.

Avoiding Common Pitfalls in Personal Injury Cases in Louisiana

Despite the extended statute of limitations, some individuals still make critical mistakes that jeopardize their cases. Here are some common pitfalls and how to avoid them:

• Waiting Too Long. Even with a two-year deadline, waiting too long to gather evidence or file a claim can weaken your case. Important evidence may be lost, and witnesses’ memories may fade.
• Inadequate Documentation. Failing to keep thorough records of your injuries, medical treatments, and expenses can make it difficult to prove your damages.
• Settling Prematurely. Accepting a quick settlement offer from an insurance company may seem appealing, but it often results in less compensation than you deserve. It’s essential to wait until the full extent of your injuries is known before settling.

A personal injury attorney can help you navigate these challenges by gathering the evidence you need, negotiating with insurers, and ensuring your claim is filed within the appropriate timeframe. At Day Law Group, we’re committed to protecting our clients’ rights and maximizing their compensation.

FAQs

Can the Statute of Limitations Be Extended in My Case If I Was Injured While Out of State?

If you were injured in Louisiana but were temporarily out of state, the statute of limitations typically starts when you return to Louisiana. However, if you were incapacitated or unavailable for other legal reasons, the time limit could be extended. Consulting an attorney familiar with in-state and out-of-state factors can ensure that your claim stays on track.

How Does the Statute of Limitations Affect Insurance Claims Versus Legal Action?

The statute of limitations applies to filing a personal injury claim but not to submitting insurance claims. However, if you don’t file a claim or take legal action within the required timeframe, you lose the ability to seek compensation, even if your insurance claim is still open. That’s why it’s important to understand your rights early and stay on top of all deadlines.

What Happens If My Injury Worsens After the Statute of Limitations Has Expired?

If your injury worsens after the statute of limitations has passed, you may not be able to file a new claim. However, if you can prove that the injury progression was related to the original event, you may be able to seek compensation for the exacerbated condition. Discussing your case with an attorney can clarify your options.

Can a Personal Injury Case Still Proceed If the Defendant Claims They Were Unaware of My Injury Until Recently?

Even if the defendant only became aware of your injury later, the statute of limitations is typically based on when the injury happened or when it was discovered by you, not by the defendant. This means the defendant’s awareness doesn’t change the timeline for filing your claim. However, exceptions may exist depending on the specifics of the case, so it’s wise to consult with an attorney to explore your options.

Protect Your Rights

The recent changes to the Louisiana personal injury statute of limitations provide a longer window for filing claims, giving injury victims more time to recover and build their cases. However, acting fast and understanding the nuances of these laws still remain extremely important.

If you’ve been injured due to someone else’s negligence, Day Law Group is ready to handle your case with the kind of compassionate and experienced representation you need to get the compensation you deserve.

Contact us today to schedule a consultation.