Louisiana Now Gives Injury Victims Two Years to File — But Not Everyone

If you have been injured in an accident in Louisiana, one of the most important things to understand is also one of the most commonly misunderstood: how long you have to file suit. A recent change in the law extended that window for many claims — but the details matter, and getting them wrong can cost you the case entirely.

Louisiana refers to these deadlines as prescription (what other states call the statute of limitations). For most personal-injury claims, Louisiana law historically gave injured people only one year to file — one of the shortest periods in the country.

What changed

By Act 423 of 2024, the Louisiana Legislature enacted Civil Code article 3493.1, which extended the prescriptive period for most delictual (tort) actions from one year to two years. The change applies prospectively — that is, to injuries occurring on or after its effective date of July 1, 2024.

The two-year period is a meaningful expansion of injured Louisianians’ rights — but it is not retroactive, and the older one-year rule still governs many claims.

Why the date of your injury matters

Because the change is prospective, the date of the accident controls which rule applies:

• Injured on or after July 1, 2024: generally a two-year period to file.
• Injured before July 1, 2024: the prior one-year period generally still applies — and for many of those claims, the deadline has already passed.

Important exceptions still apply

Even with the longer period, several rules can shorten or alter your deadline, including:

• Claims against governmental entities, which can carry their own notice requirements and deadlines.
• Medical malpractice, which is governed by a separate statute (La. R.S. 9:5628) with a one-year period and a three-year absolute outer limit. See the firm’s Medical Malpractice page.
• Contractual and other claims, which follow different periods entirely.

The practical takeaway

Deadlines in Louisiana are unforgiving. Once prescription runs, the claim is generally lost no matter how strong it was. If you think you may have a claim, the safest course is simple: do not wait. Have a lawyer confirm your specific deadline early, while there is still time to act, gather evidence, and protect your rights.