Car Accident Statute of Limitations in Louisiana

In most places, the statute of limitations refers to how long you have to file a delictual action following an accident or incident. In Louisiana, the correct legal term for this timeframe is the prescriptive period. If you’re trying to find out about the car accident statute of limitations in Louisiana, you should know that both of these terms refer to the same concept.

Recent Changes to the Prescriptive Period

Until July 1, 2024, Louisiana law stipulated a prescriptive period of one year for any delictual actions. As of that date, the law changed to include a two-year period following the accident in which the victim was eligible to file a delictual action. The new car accident laws apply to:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Wrongful deaths from motor vehicle collisions

Injuries that occurred before the law was changed remain subject to the one-year prescriptive period, meaning that in most cases, it’s too late to file a delictual action regarding a car crash that occurred before July 1, 2024. Injuries that occurred after the law went into effect are subject to a two-year prescriptive period.

When the Prescriptive Period Starts

Prescriptive periods typically begin running from the date that the injury or damage is sustained, which should also be the day that the accident happened. There are, however, some exceptions to the rule in Louisiana.

Louisiana applies a discovery rule rather than the standard rule regarding when the prescriptive period begins in situations where:

• The injury did not become apparent immediately
• The connection between the injury and the accident that caused it was not clear
• The defendant concealed their wrongdoing

Under the discovery rule, the prescriptive period begins when an accident victim learns of or should reasonably have learned of their injury and its cause. The courts apply this rule strictly, so you’ll have to provide clear evidence that you could not have discovered the injury earlier.

There is also an exception made for minors. When minors experience personal injuries, the prescriptive period doesn’t start until their 18th birthdays. Minors thus have until their 20th birthday to file a delictual action for accidents that occurred after July 1, 2024, or until their 19th birthday if the accident occurred before July 1, 2024.

Wrongful Death Cases and Prescriptive Periods

When filing a wrongful death action after a car accident, the prescriptive period begins on the date of the person’s death, not the date the accident occurred.

Consequences of Missing the Deadline

There are serious consequences to missing the prescriptive period. They include:

• Complete loss of legal rights. You lose your right to seek compensation when the prescriptive period ends. No amount of evidence can overcome an expired prescriptive period.
• Defendant’s right to dismissal. The defendant can request that the court dismiss your case based exclusively on the prescriptive period coming to an end. Courts typically grant these motions when the deadlines have passed.
• Loss of leverage. Even if your case isn’t in court yet, you will lose leverage in your negotiations with the insurance company when the prescriptive period ends. This often results in lower settlement offers or outright denials.

Car Accident Statistics in Louisiana

Car accidents are common in the Pelican State, and many of them are quite severe, occurring on dangerous roads such as US Routes 90 and 71 and Interstate 10. In 2023, 811 people died in motor vehicle crashes. In 2025, that number was slightly reduced to 758 deaths. In terms of non-fatal crashes, 68,000 injuries occurred in 42.4 thousand crashes in 2022.

Many of the people injured in these car accidents and the family members of those accident victims who were killed may have been able to recover compensation with the help of a Louisiana car accident attorney.

FAQs

How Long After a Car Accident Can You File a Delictual Action in Louisiana?

You can file a delictual action in Louisiana up to two years after a car accident if it occurred after July 1, 2024. If it occurred before that date, the deadline for filing an action has already passed. If you were a minor at the time of the accident, you can file an action until your 20th birthday because the prescriptive period doesn’t begin until after you turn 18. You’re only eligible to file until your 19th birthday if the accident occurred before July 1, 2024.

Can a Car Accident Cause Spinal Stenosis?

A car accident can cause spinal stenosis. The impact may cause herniated discs, fractured vertebrae, or soft tissue swelling that can narrow the spinal canal. This, in turn, compresses the nerves. The damage from the impact of a car accident can cause immediate spinal stenosis, or the symptoms may be delayed.

What Is the Three-Collision Rule?

The three-collision rule refers to the way that damage occurs to the human body in car accidents. The first collision is the car hitting another vehicle or a stationary object. The second collision occurs when the occupant’s body hits the car. The third collision is between the occupant’s organs and the outside of their body, which is where the majority of internal damage comes from.

How Do Insurers Determine Who Was at Fault for an Accident?

Insurers determine who was at fault for an accident by considering the physical evidence, any witness statements, official reports, and local car accident laws. They use this information to establish negligence, assigning a percentage of the blame to each party who was liable for the crash. It’s often the case that accident victims are assigned some percentage of fault. You may still be able to recover compensation if you were partially at fault.

Hire a Car Accident Lawyer in Louisiana Today

If you’ve been injured in a car crash, don’t wait until the prescriptive period is nearing its end to file an action. Hire a car accident lawyer who can help you with your case right away. The team here at Jaqueline A. Scott & Associates can help. We have over 75 years of collective experience, and in that time, we’ve handled many complex car accident cases. Contact us about yours before the prescriptive period comes to a close.