How Long Do I Have to File a Personal Injury Claim in NOLA?
A Legal Guide to the New Louisiana Statute of Limitations
Suffering an injury due to someone else’s negligence is overwhelming enough; between doctor visits, missed work, and recovering physically, the legal timeline might not be the first thing on your mind. But if you’re planning to file a personal injury claim in Louisiana, understanding your deadline to take legal action is critical. Waiting too long could cost you the compensation you deserve!
Here’s what you need to know about how long you have to file a personal injury claim in New Orleans and Louisiana, how the law changed in 2024, and what exceptions might apply:
New Louisiana Law: You Now Have Two Years to File Most Personal Injury Claims
As of July 1, 2024, Louisiana law now gives injury victims two years from the date of their injury to file a personal injury lawsuit in civil court. This change comes from Louisiana Civil Code Article 3492, which was amended to extend the prescriptive period (legal term for deadline) from one year to two years.
This means that for accidents or incidents that occur on or after July 1, 2024, you will generally have 24 months to file your claim.
The new two-year limit applies to most common personal injury cases, including:
- Car accidents
- Truck and motorcycle accidents
- Slip and fall claims
- Premises liability
- Product liability
- Dog bites
- Pedestrian injuries
- Wrongful death (measured from the date of death)
What About Injuries That Happened Before July 1, 2024?
If your injury occurred before July 1, 2024, the old rule still applies: you likely have one year from the date of the injury to file a lawsuit. This transition period is important to understand because the new law does not apply retroactively to accidents that happened before the effective date.
In other words:
- Accidents before July 1, 2024 → 1-year deadline
- Accidents on or after July 1, 2024 → 2-year deadline
Why Statutes of Limitations Matter
In Louisiana, the statute of limitations sets the absolute deadline for when you must take legal action. Once this deadline passes, your right to file a claim is gone — even if the evidence is strong or your injuries are serious.
If you miss the deadline:
- The court will likely dismiss your case
- Insurance companies are under no obligation to settle
- You lose the opportunity to recover damages for medical expenses, lost income, pain and suffering, and more
That’s why it’s so important to act quickly, even with a longer time window, as waiting too long can hurt your case.
Are There Exceptions to the Two-Year Deadline?
In some cases, Louisiana law may pause or extend the prescriptive period. These are narrow exceptions, but they do exist:
1. The Discovery Rule
If you didn’t realize you were injured, or didn’t know your injury was caused by someone’s negligence, the two-year period may begin from the date you discovered (or should have discovered) the injury. This often comes up in cases involving hidden injuries or medical malpractice.
2. Minors (Under 18)
When a child is injured, the statute of limitations is typically suspended until they turn 18 years old, meaning they usually have until their 20th birthday to file a claim.
3. Mental Incapacity
If the injured person is legally incapacitated or mentally incompetent at the time of the injury, the clock may be paused until they regain capacity.
4. Defendant Is Absent From Louisiana
If the person or party responsible for your injury leaves the state before a lawsuit can be filed, the deadline may be paused until they return.
These exceptions are not automatic, and often require legal action to assert, so you should never assume you qualify without proper legal guidance.
Don’t Wait for the Insurance Company to Tell You the Deadline
One of the biggest mistakes injury victims make is trusting the insurance company to guide them. Unfortunately, insurance adjusters are trained to minimize payouts, and sometimes that means running out the clock.
They may:
- Delay responding to your claim
- Request endless paperwork
- Offer lowball settlements
- Discourage you from hiring a lawyer
- Count on you missing the deadline altogether
The sooner you get legal representation, the more protected your rights will be, especially now that Louisiana’s two-year timeline gives more room to prepare a solid case.
Why Acting Quickly Still Matters, Even With a Longer Deadline
Although Louisiana’s new two-year statute of limitations gives you more time than before, waiting too long can still hurt your case. Over time:
- Evidence can disappear
- Witnesses may forget details or become unavailable
- Surveillance footage may be deleted
- Medical records and timelines become harder to link to the accident
Your personal injury lawyer will need time to investigate, gather evidence, and build a strategy, and starting early often leads to better results.
How a Louisiana Personal Injury Lawyer Can Help
A skilled personal injury attorney does much more than file paperwork. They can:
- Confirm the correct legal deadline for your specific situation
- Preserve critical evidence before it’s lost or compromised
- Evaluate your damages and calculate the true value of your claim
- Negotiate with the insurance company on your behalf
- File your claim in court before the prescriptive period expires
Whether your injury happened just recently or you’re approaching the deadline, legal support can help ensure your case is filed properly and on time.
What to Do If You Were Injured in Louisiana
If you or someone you love has been injured due to negligence in Louisiana:
- Seek medical attention immediately
- Document the incident and your injuries thoroughly
- Track the date of the accident and any communications
- Avoid discussing the case with insurers until you understand your rights
- Speak with a Louisiana personal injury lawyer to evaluate your legal options
Even if you think you have time, it’s smart to take action now, especially if the incident occurred before July 1, 2024, and your window may already be closing.
Don’t Miss the Deadline That Could Determine Your Future!
Louisiana’s new two-year personal injury statute of limitations provides more time, but it also gives more opportunity for delay. Whether you’ve been hurt in a car accident, slip and fall, or any situation involving negligence, your right to compensation is not open-ended.
At Bloom Legal Network, we connect injured individuals across Louisiana with trusted, experienced personal injury lawyers who understand the importance of deadlines and know how to fight for your rights. From your first consultation to the resolution of your case, we’ll help ensure your claim is timely, well-prepared, and supported every step of the way.
📞 Call 504-599-9997
📧 Email info@bloomlegal.com
We’ll match you with a Louisiana personal injury attorney who can help you understand your rights and act before time runs out. Don’t wait — file a personal injury claim Louisiana today to protect your future and pursue the compensation you deserve.
