In Louisiana, the deadline to file most personal injury lawsuits is called the prescriptive period. For most injury claims it is now two years from the date of the injury. That is a change: for most of Louisiana's history the window was one year, one of the shortest in the country. Act 423 of the 2024 legislative session created Civil Code article 3493.1 and extended it to two years, effective July 1, 2024. The change applies going forward only — accidents that happened before that date were governed by the old one-year rule. Either way the deadline is strict: once it passes, the claim is generally “prescribed” and the courthouse door closes, no matter how strong the case would have been.
When the clock starts
For a car accident, the two years generally start the day of the crash. For some injuries — particularly work-related conditions that develop over time — the start date can be less obvious, and the specific facts matter. That is exactly the kind of question to raise in a consultation rather than guess at.
Why waiting costs you even before the deadline
The deadline is the hard stop, but the damage from waiting starts much earlier. Skid marks fade. Vehicles get repaired or scrapped. Surveillance video gets overwritten — many systems keep footage for only 30 to 90 days. Witnesses move and memories soften. An insurance company knows all of this, and delay almost always works in its favor, not yours.
What to do with this information
You don't need to have your whole case figured out to protect the deadline — you need a conversation. Bring what you know: the date, the place, any report numbers, photos, and medical visits so far. From there, the timing questions that apply to your specific facts can be answered directly.
Todd M. Johnson has seen these cases from three sides — as a former Assistant District Attorney, a former Public Defender, and a retired Military Captain. If you were hurt in Louisiana, call 318-222-4444 or 1-855-LAW-TODD before the calendar makes the decision for you.