Louisiana was known for having one of the shortest filing deadlines in the country for personal injury claims. That changed recently, and understanding the new rule matters for anyone evaluating an older injury.
What Is Louisiana’s Current Deadline For Filing An Injury Claim?
Under Louisiana Civil Code Article 3493.1, delictual actions, meaning claims based on negligence or fault, are subject to a liberative prescription of two years, commencing on the day the injury or damage was sustained.
What Was The Rule Before This Change?
Before this amendment took effect on July 1, 2024, Louisiana applied a one year prescriptive period under the prior version of this article, one of the shortest deadlines in the country. The legislature extended this to two years, bringing Louisiana closer in line with many other states.
Does The New Two Year Deadline Apply To Every Injury That Happened Before July 2024?
No. The extended deadline generally applies to claims where the injury occurred on or after the effective date of the amendment. Claims involving injuries that occurred before that date, and where the original one year deadline had already expired, generally cannot be revived by this change.
Why Does This Distinction Matter So Much?
Because the effective date determines which deadline applies, a claim that looks time barred under the old one year rule might not actually be barred if the injury occurred after the law changed, or a claim might genuinely be expired if the underlying one year deadline had already run before the amendment took effect.
Are There Any Exceptions That Can Extend This Deadline Further?
Yes, in specific circumstances. Kiefer & Kiefer checks for each of these exceptions whenever a claim involves a minor or a delayed discovery. The prescriptive period generally does not run against minors or interdicts in certain permanent disability cases, and Louisiana’s discovery rule can delay when the clock starts if the cause of an injury was not immediately identifiable.
What Documentation Helps Confirm Which Deadline Applies?
Because the applicable deadline depends heavily on the exact date of injury, gathering the right information matters:
- The precise date the injury occurred or was first discovered
- Records establishing whether the injured person was a minor at the time
- Documentation of when the cause of an injury became identifiable, if not immediately clear
- Any prior correspondence or claims activity related to the injury
How Does This Apply To A Laplace Personal Injury Claim?
Because this deadline recently changed and depends on the exact date an injury occurred, confirming which rule applies to a specific situation matters considerably. A Laplace personal injury lawyer can review the timeline of an injury to determine whether the new two year deadline or the older rule controls.
What If A Claim Looks Time Barred Under The Old Rule?
A claim that appears expired under the former one year deadline should still be reviewed carefully, since the actual effective date of the injury and any applicable exceptions can change that outcome. A Laplace personal injury lawyer can evaluate whether a claim that looks time barred may still be viable.
This recent change to Louisiana’s filing deadline caught many people by surprise, which is exactly why confirming which rule applies to a specific injury matters before assuming a claim has expired. If you are unsure whether your deadline has passed on a personal injury claim in Laplace, reach out to our office to go over the timeline of what happened.
