As of July 1, 2024, Louisiana law underwent a significant change, extending the prescriptive period—or what is commonly known as the statute of limitations in other states—from one year to two years for specific types of legal actions, such as personal injury claims and damage to immovable property. These changes, outlined in Louisiana Civil Code articles 3493.11 and 3493.12, are essential to understand if you’re considering filing a lawsuit in Louisiana.
What is a Prescriptive Period?
In Louisiana, the prescriptive period defines the time limit within which you must file a lawsuit for a legal action such as a personal injury claim. If you fail to act within this period of time, your claim becomes “prescribed,” or time-barred, meaning you lose the right to pursue legal action. Whether you’re dealing with delictual actions (torts) or property damage, it’s essential to understand when the prescription commences to run.
Under Louisiana law, the prescriptive periods can vary depending on the type of claim. For instance, the prescriptive period for personal injury claims now extends to two years instead of the previous one-year time limit.
The New Two-Year Prescriptive Period for Personal Injury and Property Damage
The key update, enacted through Act No. 423 (HB 315), has changed the one-year statute of limitations to a two-year time limit for filing delictual actions such as personal injury lawsuits and claims related to damage to immovable property. This change aligns with state laws and is designed to give individuals more time to gather the necessary documentation and evidence before pursuing legal action.
Specifically, Louisiana Civil Code article 3493.11 now provides a two-year prescriptive period for delictual actions, while article 3493.12 extends the same period for damage to immovable property. Previously, the Louisiana statute gave only one year to file such claims, making this extension a notable shift in the Louisiana Civil Code.
When Does the Prescription Commence to Run?
In most cases, the prescription commences to run from the day injury or damage occurs or from the moment you become aware of the damage. For instance, if you were involved in a car accident, your two-year prescriptive period begins on the day of the accident or the day you became aware of the injury or damage. If damage is sustained to your property, the prescription starts from the day the damage is discovered.
It’s important to note that the new two-year time limit only applies to cases that arise after July 1, 2024. Any claims from accidents or incidents that occurred before this date are still subject to the previous one-year statute of limitations. If your injury occurred before July 1, 2024, you need to read our previous blog article here.
Understanding Liberative Prescription
In Louisiana, the liberative prescription is the legal term that refers to the time limit for filing civil claims. Delictual actions, such as personal injury claims, are now subject to a two-year liberative prescription instead of the previous one-year period. If the year from the date of your injury or damage has passed under the old law, your claim will be time-barred, but if it occurred after July 1, 2024, you have two years to act.
Additionally, the Louisiana Civil Code allows for certain exceptions, such as when the claimant was unaware of the injury at the time it occurred. In such cases, the prescription commences to run when the claimant reasonably becomes aware of the injury or damage.
The Importance of Acting Within the Prescriptive Period
If you’re dealing with personal injury claims or damage to immovable property, it’s essential not to delay. Even though the two-year prescriptive period provides more time, waiting too long could lead to complications with your case. Insurance companies may try to delay settlements or argue that your claim is subject to a liberative prescription.
By consulting with an experienced attorney, you can ensure that you understand the Louisiana statute, gather all necessary documentation, and file your claim within the appropriate period of time.
Need more answers to your questions? Visit our FAQ: Personal Injury Page.
Conclusion
The changes to Louisiana law regarding the statute of limitations provide a crucial extension to the time allowed for filing lawsuits involving personal injury claims and property damage. With the new two-year time limit, individuals now have more time to gather evidence and consult with an attorney. However, it’s still critical to act quickly to avoid losing your right to file.
If you have questions about how these changes impact your case or need assistance with filing a lawsuit, the team at Phillips Law can help. Contact us today at 504-434-7000 for a free consultation!
