Partner at Charbonnet Law Firm LLC
Practice Areas: Car Accident, Slip-and-Fall, Work-related Injury
For years, Louisiana gave people one year to file a personal injury lawsuit after an accident. That changed in 2024, when Civil Code article 3493.1 extended the general deadline to two years for injuries occurring on or after July 1, 2024.
So which deadline applies to your accident? The injury date matters. Some claims still follow the old one-year rule, while others fall under the new two-year deadline.
A car accident lawyer in Louisiana can help you determine which deadline applies and what you need to do before it runs out.
Louisiana changed the deadline for most personal injury claims from one year to two years. The change came through Act 423 of 2024, which added Civil Code article 3493.1. The new law took effect on July 1, 2024.
For crashes that happened on or after that date, an injured person has two years from the date of the injury to file a lawsuit. Before the change, the deadline was one year.
The statute says:
“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.”
Two terms in this law are worth understanding. “Prescription” is Louisiana’s term for the legal deadline to bring a claim. Other states often use the term “statute of limitations.”
A “delictual action” is a claim based on someone else’s fault. A car accident is a common example. In simple terms, most people injured in a crash on or after July 1, 2024 have two years to file a lawsuit instead of the one year that applied under the old rule.
The injury date determines which Louisiana rule applies. The date you file the lawsuit or settle the claim does not change that.
Louisiana did not make the 2024 change retroactive. Claims that were already subject to the old rule did not switch to the new one simply because the law changed.
A simple way to look at it:
For example, two similar crashes could fall under different rules simply because they happened a few days apart. A person injured on June 28, 2024 would fall under the previous law, while someone injured on July 3, 2024 would fall under Article 3493.1.
That July 1, 2024 cutoff is especially important when dealing with an older accident.
Under Article 3493.1, the filing period generally starts on the day the injury or damage occurs. For most car accidents, that means the date of the crash.
It is not always that simple. Some injuries take time to appear, and situations involving minors or a later diagnosis can raise different timing questions. If you are unsure when your period started, it is better to get it checked early than to guess.
Waiting can also make the claim harder to prove. Witnesses may become difficult to find, surveillance footage can be overwritten, and memories fade. A long gap before medical treatment can also give an insurance adjuster a reason to question whether your injuries came from the crash.
The extra time under the new law is helpful, but it does not mean you should put the claim aside. You can also read our guide to dealing with an insurance adjuster before speaking with the insurer.
Knowing the deadline is only part of protecting your claim. You also want a clear record of when the accident happened, when you were treated, and what happened afterward.
Keep your medical records, crash report, insurance correspondence, repair estimates, photos, and other documents related to the accident. If a hands-free citation was issued at the scene, our explainer on Louisiana’s hands-free law explains how it may relate to a distracted-driving claim. Our guide to documenting the crash scene also covers the photos and other evidence you should collect.
If you are not sure which prescription period applies to your accident, check it early. Waiting until the deadline is close can leave little time to address problems as they come up.
The date of your accident matters here. If you are trying to work out which rule applies to your claim, this is the basic breakdown:
|
Law |
Before July 1, 2024 |
On or after July 1, 2024 |
| Law | Former arts. 3492 / 3493 | La. Civ. Code art. 3493.1 |
| Clock starts | Date of injury | Date of injury |
| Applies if | Injury happened before 7/1/2024 | Injury happened on or after 7/1/2024 |
| If the deadline is missed | Claim may be barred | Claim may be barred |
If your injury happened on or after July 1, 2024, the general deadline is two years from the date of the injury. Older claims may follow the previous rules.
The new two-year rule does not simply apply to older accidents. The injury date helps determine which law applies to the claim.
It is simply the word Louisiana law uses for the time limit to bring a legal claim. You may hear other states call this a “statute of limitations.”
It is usually better to start sooner. Witnesses can forget details, video footage can disappear, and other evidence can become harder to find. You also need time to gather your medical records and other documents.
You may lose the right to pursue the claim. Exceptions may apply depending on the situation, so if you are close to the deadline, don’t assume it is already too late. Have the dates and facts of your case checked.
The deadline is only one part of a car accident claim. You may also need to deal with medical records, insurance coverage, evidence, and questions about who was responsible for the crash.
If you are unsure how much time you have after a New Orleans accident, the attorneys at Charbonnet Law Firm, L.L.C., serving New Orleans and Metairie since 1967, can review the circumstances and help you understand the deadline that may apply. You can also read our guide on when to hire a lawyer after an accident if you are still deciding whether to get legal help.
The first consultation is free. Call (504) 888-2227 or reach out through our contact page to discuss 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.
