Partner at Charbonnet Law Firm LLC
Practice Areas: Car Accident, Slip-and-Fall, Work-related Injury
For many years, Louisiana gave injured people just one year to file a lawsuit after an accident. In 2024, that changed. Louisiana Civil Code article 3493.1, enacted through Act 423 of 2024, extended the deadline for most personal injury claims to two years.
The change sounds straightforward, but the deadline depends on when the accident happened. Some claims still fall under the old one-year rule, while others are subject to the new two-year period.
This article explains which deadline applies, how the transition works, and why it is important to know where your claim falls. If you are unsure which rule applies to your case, a New Orleans personal injury lawyer can help you determine the correct deadline.
Louisiana extended the prescriptive period for most injury claims from 1 year to 2 years.
The statute now reads:
“Delictual actions are subject to a liberative prescription of two years. This prescription commences to run from the day that injury or damage is sustained.” — La. Civ. Code art. 3493.1
In Louisiana law, “prescription” is the time limit for filing a lawsuit. A “delictual action” is a claim based on another person’s fault, such as a car accident.
Act 423 took effect on July 1, 2024, replacing the one-year deadline that previously applied to most injury claims. As a result, many people injured in accidents now have two years to file suit instead of one.
The deadline depends on when the injury happened. Louisiana’s two-year rule applies to injuries that occurred on or after July 1, 2024. If the injury happened before that date, the old one-year deadline still applies. The change was not made retroactive, so it does not extend to claims already subject to the previous rule.
A simple way to think about it is:
Most cases fit neatly into one category or the other. Questions usually arise when the injury occurred close to the July 1, 2024 transition date.
The filing period generally begins when the injury occurs. For most car accident claims, that means the date of the crash. Under Article 3493.1, prescription begins to run when the injury or damage is sustained.
Not every case is that straightforward. Some injuries are discovered later, and different legal rules may affect when the filing period begins. Those situations depend heavily on the facts of the case.
Having two years instead of one gives people more breathing room, but the deadline still matters. Once the prescription runs, a claim is usually lost regardless of its merits. Waiting can also make a case harder to prove. Witnesses become harder to reach, surveillance footage may no longer exist, and memories fade over time.
The additional year helps, but it does not change the value of acting while the evidence is still available.
The biggest mistake people make is assuming the new two-year deadline automatically applies to them. Everything turns on the date of the injury. A crash that happened just before July 1, 2024, may still be governed by the old one-year rule, while a crash after that date gets the new two-year period. Getting that distinction wrong can have serious consequences.
It also helps to keep records that establish when the injury occurred and what happened afterward. Medical records, crash reports, insurance correspondence, and other claim documents can all become important if questions arise about timing.
When there is any uncertainty about which deadline applies, it is better to resolve it early than discover a problem after time has already run out.
|
Detail |
Old Rule |
New Rule (Act 423) |
| Deadline to file | 1 year | 2 years |
| Governing law | Former arts. 3492/3493 | La. Civ. Code art. 3493.1 |
| Effective date | Before July 1, 2024 | On or after July 1, 2024 |
| Clock starts | Date of injury | Date of injury |
| Applies to your case if | Injured before 7/1/2024 | Injured on/after 7/1/2024 |
| Effect of missing it | Claim barred | Claim barred |
If the injury happened on or after July 1, 2024, you generally have two years to file a lawsuit. If it happened before that date, the old one-year deadline usually applies.
No. The change only applies to injuries that occurred on or after July 1, 2024. Claims based on earlier accidents remain subject to Louisiana’s previous one-year deadline.
Prescription is Louisiana’s term for the deadline to bring a claim, similar to a statute of limitations in other states. When the prescriptive period runs out, the right to sue is generally extinguished, even if the claim would otherwise have succeeded.
It starts on the day the injury or damage is sustained, which for most crashes is the date of the collision. Certain injuries that are not immediately apparent can involve different timing rules, so it is worth confirming your start date if there is any doubt.
There can be. Evidence does not get better with time. Witnesses may forget details, footage may be lost, and records may be harder to track down. Having two years gives you more time, but it does not make waiting an advantage.
In most cases, your claim cannot move forward. Even a strong case can be dismissed if it is filed after the deadline. That is why knowing which filing period applies is so important.
Louisiana’s move from a one-year to a two-year deadline gives injured people more breathing room, but only if they know which rule applies. The dividing line is the date of injury: on or after July 1, 2024 means two years, and earlier means one. Either way, the deadline is absolute once it passes, and the strongest claims are built early.
If you are unsure how much time you have after a New Orleans crash, the attorneys at Charbonnet Law Firm, L.L.C., serving the area since 1967, can help you confirm your deadline and protect your claim. Reach out for a consultation to review the date that applies to your situation.
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.
