Louisiana Statute of Limitations
Time limits for filing civil lawsuits in Louisiana. The statute of limitations varies by claim type. Once the deadline passes, you generally cannot file suit.
Data last updated: Apr 16, 2026Key Takeaways
- Written Contracts: 10 years (La. Civ. Code art. 3499).
- Oral Contracts: 10 years (La. Civ. Code art. 3499).
- Personal Injury: 1 year (La. Civ. Code art. 3492).
- Property Damage: 1 year (La. Civ. Code art. 3493).
Louisiana Statute of Limitations by Claim Type
| Claim Type | Time Limit | Statute | Notes |
|---|---|---|---|
| Written Contracts | 10 years | La. Civ. Code art. 3499 | Louisiana uses 'prescriptive periods' rather than statutes of limitations. Accrues on the date of breach. |
| Oral Contracts | 10 years | La. Civ. Code art. 3499 | Same prescriptive period as written contracts. |
| Personal Injury | 1 year | La. Civ. Code art. 3492 | One of the shortest in the nation. Accrues on the date of injury or discovery. |
| Property Damage | 1 year | La. Civ. Code art. 3493 | Same short period as personal injury. |
| Medical Malpractice | 1 year | La. Rev. Stat. § 9:5628 | 1 year from discovery of the act, omission, or neglect, with a 3-year prescriptive period from the date of the act. |
| Debt Collection | 10 years | La. Civ. Code art. 3499 | 10-year prescriptive period for contractual obligations. |
| Fraud | 1 year | La. Civ. Code art. 3492 | 1 year from discovery of the fraud. |
General Notes for Louisiana
Louisiana is unique as the only U.S. state with a civil law system derived from French law. It uses 'prescriptive periods' (liberative prescription) rather than statutes of limitations. Delictual (tort) actions have a very short 1-year period, while contract claims benefit from a 10-year period.
Related Resources
Frequently Asked Questions
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Why does Louisiana use 'prescription' instead of 'statute of limitations'?
Louisiana's legal system is based on French civil law rather than English common law. The concept of liberative prescription serves the same function as a statute of limitations but is rooted in different legal traditions.
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How short is the personal injury deadline in Louisiana?
Louisiana has one of the shortest deadlines in the nation at just 1 year from the date of injury or discovery. This makes it critical to act quickly after any accident or injury.
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What is the statute of limitations for debt in Louisiana?
Louisiana allows 10 years for creditors to sue on contractual obligations, including both written and oral agreements.