Partner at Charbonnet Law Firm LLC
Practice Areas: Car Accident, Personal Injury
Understanding how time limits work in personal injury claims can be confusing, especially when the injured person is a child. Most people know that lawsuits must be filed within a certain period. What many do not realize is that minors follow different rules. Louisiana has its own system for measuring these deadlines, and those rules can significantly extend the time available to bring a claim.
If you’re unsure how these timelines apply to your family’s situation, speaking with New Orleans personal injury lawyers can help you understand your options and what steps may be appropriate based on the injury and the child’s age.
This guide explains how the statute of limitations for minors works, why it operates differently, and what families need to consider when a child is injured.
Statutes of limitation restrict how long someone has to bring a personal injury claim. These rules are intended to preserve fairness in the legal process.
In Louisiana, the standard prescriptive period for personal injury cases is only one year, making it one of the shortest deadlines in the country.
These limitations exist for several reasons:
The one-year period normally begins on the date of the injury, but minors are an exception to this rule.
Louisiana’s general one-year period for filing a personal injury claim does not begin for a minor until the child turns 18 or becomes legally emancipated.
This legal pause is known as tolling or suspension of prescription. It protects children who cannot file claims on their own.
Under Louisiana law, a child injured in an accident receives additional time before the legal deadline starts. Instead of the clock beginning on the date of injury, the countdown begins on the child’s eighteenth birthday.
This creates a major difference between adult and minor injury claims. For example, if a four-year-old is injured in a car accident, they technically have until age nineteen to file a claim. This extension exists because minors lack legal capacity and should not lose their rights before reaching adulthood.
Even though the law provides this extended time, waiting too long can create problems. Evidence becomes harder to obtain, records may be incomplete, and medical assessments may be less precise.
Prescription is suspended during the minority in Louisiana, allowing a child to bring a claim after reaching adulthood, but early action helps preserve evidence that may otherwise be lost.
Understanding these rules is essential because minors follow different timelines than adults.
Children cannot bring lawsuits on their own. Instead, the responsibility falls on a legal tutor, which in Louisiana is similar to a guardian in other states. Parents are usually the natural tutors and can initiate the claim for their child.
Louisiana recognizes four types of tutorship:
A tutor can file a lawsuit, communicate with insurers, gather evidence, and help protect the child’s rights. Any settlement involving a minor must be reviewed and approved by a court to ensure the agreement supports the child’s long-term needs.
When a child suffers injuries, the impact often extends far into the future. Medical care, developmental concerns, and long-term recovery needs must be factored into the claim.
Minors may receive compensation for:
Parents may also recover certain costs associated with caring for an injured child, such as lost wages from time away from work or travel to medical appointments. In some cases, Louisiana also allows mental anguish claims for parents who witness their child’s injury or arrive shortly after the event.
Because children are still growing, evaluating long-term consequences can be complex. A careful assessment helps ensure that future medical needs and life impacts are addressed properly.
When a settlement is reached, courts play an important role in safeguarding the child’s compensation. A judge reviews the proposed settlement to confirm that it is fair and appropriate. In many cases, the court requires funds to be placed in restricted accounts that cannot be accessed without approval.
In situations where ongoing care or future expenses are expected, courts may order a structured settlement. This involves regular, scheduled payments over time rather than one lump sum.
Courts typically consider:
Courts review settlements involving minors to ensure that the financial arrangement serves the child’s best interests and provides long-term security.
This review protects the child’s compensation from mismanagement or premature use.
Although minors have additional time to file, families should not rely solely on the extended deadline. Early steps help strengthen a future claim and avoid issues caused by fading memories or unavailable evidence.
Gathering medical records, documenting injuries, preserving photographs, and obtaining witness statements early on can make a significant difference. It is also important to understand how injuries may affect the child later in life, especially when growth and development are involved.
Medical professionals may need time to evaluate long-term effects, which is another reason early action is helpful. While the law gives minors more time, preparation should begin as soon as possible after the injury occurs.
|
Category |
When the Clock Starts | Filing Deadline |
Notes |
| Adults injured in personal injury cases | Date of injury | One year | Standard Louisiana prescription period |
| Minors injured in personal injury cases | Age 18 | One year after turning 18 | Tolling rules apply during minority |
| Emancipated minors | Date of emancipation | One year | Emancipation begins the countdown |
| Parents filing immediately | Date of injury | One year | Parents may bring claims for expenses and losses |
| Waiting until adulthood | Age 18 | One year | Risk of stale evidence increases |
It begins when the child turns eighteen or becomes legally emancipated, not on the date of the injury.
Yes. Parents or legal tutors may file on behalf of the minor to address immediate medical and financial needs.
Yes. Evidence may be harder to find, and medical details can become less clear as time passes.
A minor may receive compensation for medical care, pain, suffering, and long-term life impacts linked to the injury.
Parents may pursue reimbursement for travel, medical support, missed work, and emotional distress in certain situations.
Courts ensure the settlement benefits the minor and that long-term financial needs are properly protected.
Louisiana’s laws recognize that minors need additional protection when pursuing personal injury claims. By suspending the prescriptive period until adulthood, the law ensures children do not lose their rights simply because they were too young to act. Even with extra time, early action helps preserve evidence, assess long-term impacts, and support the child’s future needs.
If your child has been injured and you want clarity on timelines, legal options, and how to safeguard their long-term wellbeing, our firm is here to help. Contact us for a free consultation to understand the next steps and how Louisiana law 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.
