Louisiana's Statute of Limitations

Preliminary Note: Statutes of limitations restrict the time period that a person can file a lawsuit. These statutes not only vary by state, but they also vary by cause of action. The following guide provides limitations periods for each state, but only for particular causes of action; specifically, those related to personal injury, medical malpractice, and products liability claims. The sections discussing special rules for minors only apply to the causes of action listed for that particular state.

Wrongful Death

A cause of action for wrongful death accrues on the date of death and must be filed within one year of that date.

Personal Injury Actions

These actions must be brought within one year of the date that the injury occurred.

Medical Malpractice Actions

Actions against health-care providers must be filed within one year of the date that the act giving rise to the injury occurred, or one year from the date that the plaintiff discovers the injury. In no event can a medical malpractice action be filed more than three years from the date that the act giving rise to the injury occurred.

Products Liability Actions

Products liability actions must be brought within one year after the plaintiff suffers the injury.

Uninsured Motorist Claims

These claims must be filed within two years from the date of the accident.

Special Rules for Minors

Except in cases of wrongful death, the one-year statute of limitations does not run against minors (those under 18) in actions involving permanent disability and brought pursuant to the Louisiana Products Liability Act or state law governing products liability actions in effect at the time of the injury.