If you or a loved one has sustained a personal injury or experienced property damage in the Bayou State, you may wonder how much time you have to seek justice. In these types of cases—where the injury or damage occurred as a result of someone else’s negligence—we always recommend that the injured party take swift action. In this article, we’ll explain the reasoning behind that recommendation, and explain everything you need to know about the Louisiana statute of limitations for personal injury cases.
Not sure how Louisiana personal injury laws might impact your case? Get in touch with us at Broussard Knoll Law Firm—we’re more than happy to answer your questions.
Louisiana Civil Code Article 3492, Delictual Actions, indicates that you are allowed to seek damages for injury caused by the act or negligence of another person or entity for up to one year from the date you sustained injury or damage. In layman’s terms, this means you typically have one year from the day you were harmed to file suit.
The Louisiana statute of limitations for personal injury is actually referred to as a prescription in this state. Be aware of this so you’re not confused when you hire a lawyer or law firm experienced with personal injury cases, as these terms will likely be used interchangeably when speaking with them. You’ll also see the latter term on any legal documentation dealing with your case.
Louisiana’s one-year statute for personal injuries may come as a surprise to some, especially if you’re new to the state or know someone who’s had a personal injury case elsewhere in the country.
Its neighboring states, for example, all have longer statutes—Texas and Oklahoma both give two years from the date of injury, while Arkansas and Mississippi allow for three. In fact, Louisiana is one of only three states with a one-year statute—Kentucky and Tennessee are the other two.
While Louisiana’s personal injury statute of limitations is limited to one year in most scenarios, there are a few exceptions that alter the timeline:
If a minor suffers a personal injury as part of the incident, the statute does not apply to them until they turn 18. Therefore, the minor would be able to file anytime from the date of the injury until their 19th birthday.
If you are injured due to a crime of violence—aggravated assault, kidnapping, robbery, etc.—you have two years to file suit under Louisiana Civil Code Article 3493.10, Delictual Actions; Two-Year Prescription; Criminal Act.
In many situations—such as auto accidents where you exchange insurance and contact information—you know who caused you harm.
However, sometimes circumstances prevent you from immediately knowing who or what caused you harm—consider a hit-and-run or a mugging where the culprit escaped without you learning their identity. In these situations, Louisiana’s discovery rule comes into play. With the discovery rule, the statute of limitations doesn’t come into effect until you identify the cause or culprit responsible for your injury.
There are two important terms you should know about when it comes to Louisiana’s statute of limitations:
With personal injuries that stem from medical malpractice, cases fall under both Louisiana’s statute of limitations (one year) and its statute of repose (three years). Here’s how that works:
If you’re still unsure about how and when Louisiana’s personal injury statute of limitations applies, the below examples should provide clarity.
Say you’re in an accident involving three vehicles: your car, a blue car behind you, and a red truck behind the blue car. The red truck slams into the blue car, knocking it into yours. Both your car and leg are damaged in the accident.
You have one year from the date of the accident to sue one or both of the owners of the other vehicles. If you choose to sue only one of the other vehicle owners, interrupted prescription may come into play—you can then sue the other vehicle owner beyond the one-year timeframe, as long as the first owner you sued is assigned some type of fault in your case.
You’re sitting at a red light in your car. As soon as the light turns green, you accelerate and move into the intersection. An SUV runs the red light and clips the back of your car on the driver’s side, causing you serious injury and medical bills. The driver leaves the scene before you are able to get any identifying information.
Police investigate the hit-and-run and identify the driver three months later. The statute of limitations applies from the day they notify you of the driver’s identity, despite the accident occurring three months prior—this is a suspended prescription because of the discovery rule.
You’ve taken a boat out on the lake for a day of fishing. While maneuvering through the water, the boat experiences a mechanical failure, causing the boat to make a sharp turn. You are ejected and injured as a result.
Not having much knowledge of boats, you’re not immediately aware what specifically caused the failure. But after taking reasonable steps to pinpoint the faulty part, you identify the manufacturer of the defect. The discovery rule may extend the statute of limitations. But you will need to show you took reasonable action to determine the at-fault party. .
After a lengthy recovery period from what you believed was a successful surgery, you start getting sick. At first you ignore it but eventually you visit your doctor, who orders imaging. The imaging reveals that a surgical sponge was left in your body and is causing you to be sick.
It’s been 30 months since your surgery. Typically, you would have one year from the date you discovered the negligence leading to your injury to file suit; however, the three-year statute of repose for medical malpractice cases would mean you now have six months left to file suit in this example.
For 30 years, Broussard Knoll Law Firm has been fighting the good fight in Louisiana. We’ve handled numerous personal injury cases dealing with auto accidents, medical malpractice, maritime events, and a host of other circumstances.
Many of our attorneys started out on the defense side of the table, so we know exactly how the defense operates and what tactics they use to give your case the runaround.
If you’re ready to file your personal injury lawsuit or just want to learn more about how we can help you and your family, reach out here.
The information contained on this website has been prepared by Broussard Knoll Law Firm for general informational and educational purposes only, and is not to be construed as legal advice. The information contained hereon is not intended to create, and receipt does not constitute, an attorney-client relationship. The reader should not act upon this information without seeking professional counsel.
