1 year Time limit
La. Civ. Code art. 3492 Statute citation

Key Takeaways

  • Time limit: 1 year from accrual.
  • Statute: La. Civ. Code art. 3492.
  • One of the shortest in the nation. Accrues on the date of injury or discovery.

What are personal injury claims?

Claims for physical or emotional harm caused by another person's negligence or intentional act.

Details

One of the shortest in the nation. Accrues on the date of injury or discovery.

General Louisiana Rules

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.

Other Statutes of Limitations in Louisiana

Personal Injury in Other States

Frequently Asked Questions

  • What is the statute of limitations for personal injury in Louisiana?

    The statute of limitations for personal injury in Louisiana is 1 year. Citation: La. Civ. Code art. 3492.

  • When does the clock start for personal injury in Louisiana?

    One of the shortest in the nation. Accrues on the date of injury or discovery.

  • Can the statute of limitations for personal injury be extended in Louisiana?

    In some cases, yes. Tolling provisions may apply for minors, persons with incapacity, or when the defendant is absent from the state. The discovery rule may also delay the start of the statute. Consult an attorney for your specific situation.

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