Partner at Charbonnet Law Firm LLC
Practice Areas: Car Accident, Personal Injury
Understanding how long you have to file a lawsuit after an accident in New Orleans is crucial because Louisiana has one of the shortest legal deadlines in the country. Speaking with a New Orleans car accident lawyer can help you understand how these timelines apply to your specific situation, since the state uses a one-year statute of limitations, also called a prescription period, for most accident-related claims. Missing this deadline usually means the court will refuse the case, no matter how strong the facts may be.
This guide breaks down the filing deadlines, important exceptions, Louisiana’s Direct Action Statute, timing rules for out-of-state drivers, and practical situations that affect the one-year clock.
Louisiana law gives individuals one year to file a lawsuit after a motor-vehicle accident. This deadline is strict and applies to most accident-related claims, including injuries and property damage. The one-year limit is shorter than the timelines used in most states, which makes early awareness especially important.
The one-year period usually begins on the date of the accident, unless a legal exception applies. This deadline applies only to lawsuits, not to insurance claims, which often have their own shorter reporting timelines.
Under Louisiana Civil Code Article 3492, most personal injury lawsuits must be filed within one year from the date of the accident or injury.
This one-year standard is why many refer to Louisiana as having one of the strictest accident lawsuit deadlines in the country.
A statute of limitations is a legal time limit to file a lawsuit. In Louisiana, this is known as the prescription period. The goal is to prevent old claims from being filed years later when evidence or witness memories may fade.
The countdown begins on the date:
Louisiana’s rules apply to both accidental injuries and property damage claims. Although criminal and civil cases have different standards, accident victims follow the civil prescription period.
The prescription period may begin when the injury or its cause should have been reasonably discovered, especially in product defect or toxic exposure cases.
Louisiana uses a one-year limit for nearly every type of accident lawsuit, but the start date and rules can vary depending on the situation.
A one-year filing period applies to most injury claims arising from car accidents. The prescription period starts on the date of the accident and covers injuries, medical expenses, lost wages, and related losses.
Wrongful death lawsuits must be filed within one year, but the clock starts on the date of death, not the date of the crash. This distinction matters because a victim may pass away days or months after the initial injury.
For wrongful death cases, the one-year period begins on the date of death, not the date of the underlying accident.
Louisiana applies a one-year limit to property damage claims as well. Few states use such a short period, which makes timely action especially important for vehicle repairs or replacement.
If you need help understanding how these deadlines apply to your situation, discussing the details with a New Orleans personal injury lawyer can offer clarity on your options.
Louisiana’s timeline is strict, but some cases qualify for extended filing deadlines. These exceptions often appear in complex injury claims or situations where injuries were not immediately obvious.
If a minor is injured, the one-year period does not begin until the child turns 18. They have until age 19 to file most accident-related claims.
Prescription does not begin for minors until they reach the age of 18, giving them until age 19 to file most accident-related claims.
If the injury or the cause of the injury was not immediately known, the one-year period may begin once the harm is reasonably discovered.
This often happens with:
If multiple drivers are involved, filing against one jointly responsible party within the year may allow additional filings against others later, depending on liability.
If a responsible party hides information or prevents discovery of a claim, courts may allow more time to file.
Louisiana has a unique rule called the Direct Action Statute, allowing an individual to file a lawsuit directly against the insurance company under specific circumstances.
A plaintiff may sue the insurer directly when:
Insurance deadlines are separate from lawsuit deadlines. Many insurers require claims to be reported within only a few days. Missing a policy deadline can affect coverage but does not change the one-year lawsuit limit.
Insurance reporting deadlines are not the same as legal filing deadlines. Policies may require notice within days, but the lawsuit deadline is governed by Louisiana’s one-year prescription period.
When a crash happens in Louisiana, the one-year prescription period applies to everyone involved, even if they live in another state. All lawsuits filed in Louisiana courts follow Louisiana timelines.
The state also has a “No Pay, No Play” law limiting certain damage claims by uninsured drivers, with narrow exceptions for legally parked cars, non-owner passengers, and drivers from states that did not require insurance at the time.
Several real-world situations influence when the one-year clock begins or how it applies:
These situations highlight why understanding Louisiana’s prescription rules is so important.
|
Type of Claim |
Filing Deadline | When the Clock Starts |
Notes |
| Personal Injury | 1 year | Date of accident | Civil Code Article 3492 |
| Wrongful Death | 1 year | Date of death | Different from accident date |
| Property Damage | 1 year | Date of damage | One of the shortest in the U.S. |
| Claims involving minors | 1 year | Age 18 | Filing allowed until age 19 |
| Discovery-based claims | 1 year | Date injury or cause discovered | Applies to hidden injuries |
| Direct action against insurer | 1 year | Generally date of accident | Must meet Direct Action Statute rules |
It usually begins on the accident date, unless the injury or cause was discovered later under the discovery rule.
No. Insurance timelines are separate, and filing a claim does not pause the one-year legal limit.
The discovery rule may apply if the injury could not reasonably have been identified earlier.
In some joint liability cases, timely filing against one party may allow later action against others.
Yes. Any lawsuit filed in Louisiana must follow the state’s one-year prescription period.
Yes. Louisiana keeps a strict one-year limit for both types of claims.
Louisiana’s one-year filing deadline is one of the shortest in the country, making it important for individuals to understand how the statute of limitations works, when it begins, and what exceptions may apply. Knowing these rules helps protect your rights and avoid missing important legal timelines.
If you have questions about accident-related deadlines or need guidance based on your situation, Charbonnet Law Firm, LLC can help you understand your options. Contact the firm for a free consultation to discuss your case.
With over 50 years of legal experience serving families in the New Orleans area and surrounding Louisiana communities, our firm takes pride in providing clients with personalized legal services tailored to individual needs.
