Filing deadline
General injury limitation period
Delictual/personal injury actions are generally subject to a 2-year liberative prescription from injury or damage.
La. Civ. Code art. 3493.1.
Verified Jul 3, 2026 · Next review by Jul 3, 2027
Louisiana · Personal injury
Louisiana Personal Injury Deadline, Fault, and Damages Rules
Delictual/personal injury actions are generally subject to a 2-year liberative prescription from injury or damage.
4 rules checked against governing sourcesSources checked through Jul 3, 2026Inspect the coverage gate
Answer first, sources attached
Four liability rules to check first
Limitations, government notice, fault, and damages rules can change both case selection and the first preservation steps.
Pre-suit notice
Government claim notice
No separate statewide pre-suit tort-claim notice captured for ordinary state or political-subdivision injury suits; suit/service rules govern.
La. Rev. Stat. Secs. 13:5106, 13:5107; La. Civ. Code art. 3493.1.
Verified Jul 3, 2026 · Next review by Jul 3, 2027
Recovery threshold
Comparative fault rule
Modified comparative fault effective January 1, 2026; claimant recovery is barred when claimant negligence is equal to or greater than 51%.
La. Civ. Code art. 2323; 2025 La. Act 15 (HB 431), effective Jan. 1, 2026.
Verified Jul 3, 2026 · Next review by Jul 3, 2027
Remedy limits
Damage caps
Medical-malpractice total recovery cap is $500,000 plus interest and costs, exclusive of future medical care and related benefits; no general ordinary-PI cap captured.
La. Rev. Stat. Sec. 40:1231.2(B)(1).
Verified Jul 3, 2026 · Next review by Jul 3, 2027
What changes the answer
The statewide rule is the starting point
- Claim and defendant typeMedical, product, wrongful-death, government, and other claims may use different clocks.
- Accrual and discoveryThe event that starts a limitation period can be disputed or claim-specific.
- Minority, incapacity, and tollingStatutory tolling and repose rules can change or override the general period.
- Allocation and damages categoryFault thresholds and caps may apply differently by defendant, conduct, and remedy.
For personal injury attorneys
Put the deadline and proof gaps on the matter from day one
DocketBuddy keeps limitations, treatment, liability proof, records, demand posture, liens, and settlement work visible in one client record.
This page reports source-linked state rules and review dates. It does not calculate a deadline, determine eligibility, select a procedure, value a claim, or apply law to an individual situation. Verify the cited authority, local procedure, and current law before relying on a rule.