Author: Cheyenne Meek
When you’re dealing with an injury, it’s easy to get caught up in recovery, doctor visits, and figuring out what comes next. But here’s the thing: Louisiana personal injury claim deadlines matter. Louisiana gives you a set amount of time to take legal action, and once that time is up, so is your chance to seek compensation.
So, how long do you really have? And what’s changed recently that could affect your case? Let’s break it down.
What Is Prescription (aka the Statute of Limitations) in Louisiana?
In Louisiana, what most people refer to as a “statute of limitations” is known as “prescription.” It’s the legal clock ticking on your ability to file a lawsuit.
Recently, this law was changed. You now have two years from the date of your injury to file most personal injury claims. That includes things like car accidents, slips and falls, or other injury cases where someone else’s negligence caused harm.
Two years might sound like plenty of time, but trust us, it flies by when you’re dealing with recovery, insurance companies, and life in general. Any personal injury actions arising before the August 1, 2024, amendment to the prescription period remain subject to the prior one-year prescriptive period under La. Civ. Code art. 3492. This means that for any tort claims based on acts or omissions that occurred before July 1, 2024, plaintiffs still have only one year from the date of injury or damage to file suit, regardless of the new law extending prescription for certain delictual actions. The revised prescription period does not apply retroactively.
Bottom line: Don’t wait around. Get advice early!
What’s New With Louisiana’s Collateral Source Rule?
A big change in recent years has impacted what you can recover in damages. In short, you can usually only recover the amount your insurer actually paid, not the full amount billed by medical providers. So if your bill was $15,000 but insurance paid $5,000? That $5,000 is likely the number that is considered in determining your damages.
What does this mean for you? Keep clear records. Every bill, every insurance payment—it all counts toward building a solid case.
Don’t Let Time Run Out
We see it too often—people wait, thinking they have plenty of time, and suddenly it’s too late. The sooner you act, the stronger your case. At Saunders & Chabert, we keep your claim on track so you can focus on healing. Let us take the stress of deadlines off your plate. Contact Saunders & Chabert today to schedule a free consultation. We’re ready when you are!
