Louisiana Has a Prescriptive Period Instead of Statutes of Limitations. The Prescriptive Period Has Now Changed from One Year to Two Years on Certain Causes of Action.
What Is a Prescriptive Period?
In Louisiana, we use the term “Prescriptive Period” to describe what most other states call "Statutes of limitations.” These periods and limitations are laws that establish time limits on how long you have to file a "civil" lawsuit, like a personal injury or wrongful death lawsuit. These time limits depend on the type of legal claim involved in the case and differ from state to state. For example, in some states, you may have one year to file a personal injury lawsuit after you were hurt in a car accident, but in other states, you may have two or three years.
What is the Louisiana Statute of Limitations?
In general, the statute of limitations in Louisiana as of July 1,2024 has changed from one year to two years. Generally, the time period begins to run on the date your claim arises or "accrues,” like the day of the car accident. Once the prescriptive period or statute of limitations has expired or "runs," your claim is lost.
If you file a lawsuit after the prescriptive period runs, the defendant will file an exception of prescription alleging you waited too long and your claim is prescribed or time-barred.
The Statute of Limitations for Various Civil Claims Are Different
As of July 1, 2024, the prescriptive period (statute of limitations) for delictual actions (torts) and damage to immovable property is now two years. Included in a series of auto insurance reform bills, Act No. 423 (HB 315) enacts Louisiana Civil Code article 3493.11, providing a two-year prescriptive period for delictual actions, and Louisiana Civil Code article 3493.12, providing a two-year prescriptive period for damage to immovable property. Act No. 423 also repealed the one-year prescriptive period for both in Louisiana Civil Code articles 3492 and 3493. This is a notable change to as the one-year prescriptive period had been in place since Louisiana’s Civil Code of 1825, 199 years ago.
The new statute shall be given prospective application only, meaning that it will apply only to actions arising after July 1, 2024, the effective date of Act No. 423. This means that damages that occurred before July 1, 2024, are still subject to the one-year prescriptive period. What about accidents that occurred on July 1, 2024, be safe, and treat it as a 1 year prescriptive period.
If you are going to attempt to deal with an insurance company or adjuster yourself, be aware of the prescriptive periods and statute of limitations. Do not get lulled or fooled by the insurance company/adjuster into letting your claim becomes barred. Don’t wait until the last minute, day, week, or even month. There is likely important documentation or information that needs to be collected before dealing with the insurance company. If you are at all uncertain of the intricacies of filing a claim on your own, you may want to consult an attorney. Contact our team at Joseph A. Gregorio, A Professional Law Firm as soon as an accident happens, so we can help you achieve the best possible outcome. The information here is for education purposes only. This does not create an attorney client relationship.