The Louisiana Statute of Limitations for civil actions sets a time limit after an injury or civil wrong occurs, during which an injured party can file a lawsuit. After that period of time expires, the injured party is no longer permitted to file a claim in a Louisiana state court to litigate that matter. The statute ensures that lawsuits that have merit and worthy of being heard are filed within a reasonable time or not at all.
How Does the Statute of Limitations Operate?The period of time to file a claim will vary depending upon the type of incident that occurred. A claim against a doctor for medical malpractice may be for a different length of time than against an accountant for negligence or fraud. The Louisiana statute of limitations can generally be found within the Louisiana Civil Code and covers the following rules and exceptions in greater detail.
When does the Louisiana Statute of Limitations Begin?Other than for specific exceptions, the Louisiana statute of limitations generally begins to run at the time when a "cause of action arises" - in other words, at the time when an injury occurs that would qualify for a lawsuit to be filed in a Louisiana state court.
What is the Discovery Rule?There are times when a person is unable to discover that they have been injured. For example, fraud that is concealed that can only be detected by a reasonable person after the passage of time. It wouldn't be fair or reasonable to require the injured party to file a lawsuit when they could not have detected the injury. As a result, in some instances the Louisiana statute of limitations begins to run from the time the injured party discovers or should have discovered that they have been injured.
Delaying or Tolling the Louisiana Statute of LimitationsIn certain circumstances, fairness would require that the statute of limitations be delayed for a period of time. A party may not have the ability to bring a case even though they are aware of an injury or damages. Delaying or "tolling" the statute of limitations typically occurs when the plaintiff is "disabled". Once the disability ends, the statute of limitations begins to run.
Calculating the length of time that a plaintiff has to file a lawsuit is complicated and involves many factors and exceptions. Parties that have suffered significant injuries or damages may wish to consult with a Louisiana attorney to ensure that all claims and notices are filed within the time limits set forth by law.
Louisiana State Legislature: Louisiana Revised Statutes
Personal Injury and Negligence1 year, generally.
Wrongful Death1 year.
Medical Malpractice1 year, generally.
Legal and Professional Malpractice1 year.
Products Liability1 year.
Assault and Battery2 years.
False Imprisonment2 years.
ContractsWritten contracts 10 years. Oral contracts 10 years.
Personal Property Damages1 year.
Libel / Slander / Defamation1 year from the date of publication (or the date when spoken).
Debt Collection Accounts3 years.
Collection of Rent3 years.
Judgment Enforcement10 years, generally (for money judgments).
Liability of State and MunicipalitiesNo state immunity based upon contract liability or injury to persons or property.
Consumer Fraud ComplaintsLouisiana Office of the Attorney General
Telephone: (225) 326-6705
(225) 326-6465 (consumer protection)
(225) 326-6000 (civil division)
Please Take Note: The statute of limitations laws presented are strictly provided to you “as-is”. While we believe that the legal information is accurate as of the date created, we cannot and do not provide any guarantee, analysis or conclusions. The law may have changed since this article was published. The only way to ensure that the statute of limitations law you are reading is up to date and applies to your specific issue, is to have a legal consultation with an attorney licensed to practice law in the state of Louisiana.
- Lawsuits, Disputes:
- Statute Of Limitations
Statute of Limitations Louisiana Statute of Limitations, Civil Actions
By Michael Wechsler |
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