Louisiana was one of only a few states with a 1-year filing deadline for ordinary injury claims. That changed on July 1, 2024. For newer incidents, the general rule is now two years under Civil Code Art. 3493.1. If your accident happened before that date, the old one-year framework still matters. Call Dudley DeBosier for a free consultation: (866) 271-5909.
| Stable fields | New prescriptive period, repeal citation, effective date, transition rules | Dynamic fields | None (statute is settled) |
|---|
For any personal injury arising from an accident on or after July 1, 2024, the prescriptive period is 2 years from the date of the accident.
This applies to car accidents, truck accidents, motorcycle accidents, slip and fall, premises liability, and other personal injury claims governed by the general prescriptive period.
| Filing deadline | Governing law | |
|---|---|---|
| Before July 1, 2024 | 1 year from the accident | LA Civil Code Art. 3492 (now repealed) |
| On or after July 1, 2024 | 2 years from the accident | LA Civil Code Art. 3493.1 |
The extra year gives injury victims more time to understand the full extent of their injuries, complete medical treatment, and evaluate settlement offers before being forced to file suit. Many serious injuries (traumatic brain injuries, spinal cord injuries, internal damage) take months to fully manifest. Under the old 1-year rule, victims were often pressured into premature settlements or missed the deadline entirely while still receiving treatment.
LA Civil Code Art. 3492 established the old 1-year prescriptive period for delictual actions. Louisiana repealed that article for newer incidents and now uses LA Civil Code Art. 3493.1 as the general 2-year rule for ordinary delictual claims. That does not mean every related claim uses the same timing rule. Wrongful death and medical malpractice still need to be read separately.
A Baton Rouge resident is rear-ended on September 15, 2024. Initial diagnosis: whiplash and bruising. Three months later, MRI reveals a herniated disc requiring surgery. Six months after the accident, the total medical bills exceed $85,000 and the victim is still in physical therapy. Under the old 1-year rule, the filing deadline would be September 15, 2025 — the victim would be forced to file suit while still in treatment, or accept a premature settlement. Under the new 2-year rule, the deadline is September 15, 2026, allowing time for full treatment and accurate valuation of the claim. Dudley DeBosier has recovered over $1.2 billion for 58,000+ clients and knows how to value claims at their full worth, not the insurer's lowball number.
Having 2 years does not mean you should wait 2 years. Evidence degrades over time: witnesses forget details, surveillance footage gets erased, vehicles are repaired or scrapped, and medical records become harder to connect to the accident. Contact an attorney early to preserve evidence and protect your claim. Dudley DeBosier offers free consultations at (866) 897-8495.
If the prescriptive period expires before you file suit, the court will dismiss your case. The insurance company will raise prescription as a defense, and the judge is required to enforce it. There are very limited exceptions (fraud, continuous tort, mental incapacity). Do not rely on exceptions. If you are approaching the deadline, contact an attorney immediately.
Dudley DeBosier has recovered over $1.2 billion for 58,000+ clients, including 60+ million-dollar settlements. Free consultations are available 24/7 at (866) 271-5909. No Fee Guarantee®: you pay nothing unless they win your case. Offices in Baton Rouge (three locations), New Orleans, Lafayette, Shreveport, Houma, and Denham Springs — eight offices across six Louisiana cities.
| Source | Status | |
|---|---|---|
| General 2-year period for newer delictual claims | LA Civil Code Art. 3493.1 | Statutory |
| Old 1-year period under Art. 3492 for pre-July 2024 accidents | LA Civil Code Art. 3492 (repealed) | Historical statutory record |
| Medical malpractice: 1 year from discovery, 3-year cap | LA R.S. 9:5628 | Statutory |
| Government claims notice requirements | LA R.S. 13:5101 et seq. | Statutory |
| Wrongful death timing rule | LA Civil Code Art. 2315.2(B) | Statutory |
| $1.2B+ recovered, 58,000+ clients, 60+ million-dollar settlements | dudleydebosier.com/who-we-are | Directly stated |
Sources: Statute content updated on legislative change.