Louisiana Statute of Limitations for Civil Cases
Louisiana Statutes of Limitations: A Comprehensive Guide for Civil Cases
Understanding statutes of limitations is critical in Louisiana litigation. Miss the deadline, and your claim is barred forever—no exceptions for merit or fairness. Louisiana uses its Civil Code and Code of Civil Procedure to establish these time periods, which vary significantly by cause of action. This guide walks through each major category with precise statute citations and practical guidance.
Personal Injury
Limitation Period: 1 year
Statute Citation: La. Civ. Code art. 3492
When the Clock Starts: The clock runs from the date of the injury itself, not when the plaintiff discovers it. This is a fixed accrual rule.
Personal injury cases include physical harm from negligence, assault, or similar torts. Louisiana's one-year rule is relatively strict. The statute does not extend for discovery of the injury—if you are struck by a car, the year begins immediately, even if you don't realize the full extent of your injuries for weeks.
Exception—Discovery Rule: Louisiana recognizes a limited discovery rule for personal injury claims when the injury is not immediately apparent. However, even with the discovery rule, you cannot bring a claim more than one year from the injury date under standard circumstances.
Breach of Written Contract
Limitation Period: 10 years
Statute Citation: La. Civ. Code art. 3499
When the Clock Starts: The clock runs from the date the contract was breached, not from the date of performance or when you discovered the breach.
Written contracts receive longer protection than oral agreements in Louisiana. This ten-year period applies to standard commercial and personal contracts documented in writing. A written contract for services, goods, or employment falls into this category. The longer period reflects the formality and reliability of written documentation.
Breach of Oral Contract
Limitation Period: 4 years
Statute Citation: La. Civ. Code art. 3498
When the Clock Starts: The clock runs from the date of breach.
Oral contracts receive significantly shorter protection than written ones. This four-year period reflects Louisiana's preference for documented agreements. Proving an oral contract often requires witness testimony, and Louisiana's shorter statute balances the evidentiary challenges with fairness to defendants. Keep detailed contemporaneous notes and communications if relying on an oral contract claim.
Fraud
Limitation Period: 1 year (for conventional/contract-related fraud); 3 years (for delictual/tort fraud)
Statute Citations: La. Civ. Code art. 3492 (personal injury/delictual); La. Civ. Code art. 3498 or 3499 (contract-related)
When the Clock Starts: From discovery of the fraud (discovery rule applies), not from the date of the fraudulent act.
Fraud has split treatment in Louisiana. Delictual fraud (fraud as a tort) follows the one-year personal injury statute but uses the discovery rule—meaning the clock starts when you reasonably discover the fraud, not when it occurred. Contractual fraud (fraud relating to a contract's formation) may fall under contract statutes, typically giving three years if treated as a separate cause of action.
Louisiana courts apply the discovery rule strictly: you must exercise reasonable diligence to discover fraud. You cannot ignore obvious red flags and claim later discovery.
Property Damage
Limitation Period: 1 year
Statute Citation: La. Civ. Code art. 3492
When the Clock Starts: From the date of the damage.
Property damage claims—whether to real or personal property—follow the standard one-year personal injury timeline. Damage to your vehicle, home, or possessions from negligence or intentional conduct must be pursued within one year. Like personal injury, Louisiana does not extend this period merely because you didn't immediately discover the full extent of the damage.
Medical Malpractice
Limitation Period: 1 year
Statute Citation: La. Civ. Code art. 3492
Repose Period: 3 years from the date of the act of medical negligence, regardless of discovery
Statute Citation for Repose: La. Civ. Code art. 3492 (as interpreted by Louisiana courts)
When the Clock Starts: From discovery of the injury caused by malpractice, but no later than three years from the negligent act.
Medical malpractice in Louisiana is complex. You have one year from discovery of the injury to file suit, but this discovery period is subject to an absolute three-year repose bar. In other words:
This repose period is absolute and applies even if you had no reasonable opportunity to discover the malpractice sooner. Louisiana's courts have held this is constitutionally sound and protective of healthcare providers.
Important: Some jurisdictions distinguish between "occurrence" and "discovery" rule applications. Louisiana applies discovery for accrual but enforces the three-year repose as a hard stop.
Wrongful Death
Limitation Period: 1 year
Statute Citation: La. Civ. Code art. 3492
When the Clock Starts: From the date of death (not from discovery of the cause of death).
Wrongful death claims must be filed within one year of the decedent's death. Unlike some personal injury cases, Louisiana courts typically do not extend this period based on when the beneficiaries discover the death was caused by negligence—the death date is the trigger.
Note: Wrongful death claims can only be brought by the decedent's succession (estate) or specifically named beneficiaries under La. Code Civ. Proc. art. 4201.
Defamation/Libel/Slander
Limitation Period: 1 year
Statute Citation: La. Civ. Code art. 3492
When the Clock Starts: From the date of publication or utterance of the defamatory statement.
Defamation claims—whether written (libel) or spoken (slander)—face a tight one-year deadline from publication. In the internet age, determining the "date of publication" can be tricky. Generally, the clock starts from each separate publication (so a social media post that remains live may have new triggering dates if you can prove continued harm). Consult with your attorney about whether multiple publications reset the clock in your fact pattern.
Trespass
Limitation Period: 1 year
Statute Citation: La. Civ. Code art. 3492
When the Clock Starts: From the date of the trespass (the unauthorized entry or interference with property).
Trespass claims follow the standard one-year rule. If someone enters your property without permission, you have one year to file. Continuing or repeated trespasses may reset the clock for each occurrence, but do not rely on this—consult counsel immediately.
Debt Collection / Promissory Notes
Limitation Period: 10 years (for written obligation); 4 years (for oral obligation)
Statute Citations: La. Civ. Code art. 3499 (written); La. Civ. Code art. 3498 (oral)
When the Clock Starts: From the date the debt becomes due (the maturity date or demand date specified in the note or agreement).
Promissory notes and formal written debt instruments receive ten-year protection. Payment plans, written loan agreements, and promissory notes all fall here. For oral debts or casual loans without documentation, the period drops to four years.
Critical Point: The statute runs from the due date of the debt, not from the first default. If a promissory note is due January 1, 2024, the clock starts then—even if the debtor doesn't default until later.
Partial Payments & Acknowledgment: In Louisiana, a written or partial payment on a debt may restart the statute of limitations. Additionally, a debtor's written acknowledgment of the debt can toll the period. This is a creditor-friendly rule.
Discovery Rule (Delayed Accrual)
Louisiana recognizes a discovery rule for certain causes of action where the injury is hidden or not reasonably discoverable. Under La. Civ. Code art. 3492, the statute of limitations begins when you discover the injury or when you should have discovered it through reasonable diligence.
The discovery rule does not apply uniformly. It is most firmly established for:
The rule does not apply to simple negligence or contract breach unless the injury itself is genuinely hidden. Courts will not extend the deadline merely because you chose not to investigate or were negligent in discovering harm yourself.
Tolling Provisions
Louisiana suspends the statute of limitations clock under these circumstances:
Minority: If the plaintiff is under 18 years old, the statute does not begin to run until he/she reaches majority (age 18). Citation: La. Civ. Code art. 3495.
Mental Incapacity: If the plaintiff is mentally incapacitated or under an interdiction, the statute is suspended until the condition ends or a curator/tutor is appointed. Citation: La. Civ. Code art. 3495.
Absence from Louisiana: If the defendant is absent from Louisiana with no representative, the statute may be suspended. However, this is narrowly construed and rarely applied. Citation: La. Civ. Code art. 3496.
Military Service: Service members on active duty may receive tolling under federal law (Servicemembers Civil Relief Act), but Louisiana's state statute does not independently provide military tolling. Check federal law if applicable.
Fraudulent Concealment: If a defendant fraudulently conceals the cause of action, tolling may apply under the discovery rule, though this is an equitable exception, not a bright-line statute.
What Happens When You Miss the Deadline
If the statute of limitations expires before filing suit, the claim is barred forever. Louisiana courts have no discretion to extend the deadline based on fairness or merit. The defendant can raise the statute of limitations as an affirmative defense in their answer or by motion.
However: The defendant must affirmatively raise this defense. If they fail to mention it in their answer, they may waive it—though courts sometimes allow late assertions. Do not assume an expired claim is automatically barred without a formal ruling; consult counsel.
Prescription Versus Peremption: Louisiana uses the term prescription for most civil statutes of limitations. Some older cases use peremption to describe absolute, non-tolled deadlines. Modern usage treats them similarly, but understanding the terminology helps when reading older case law.
Calculating the Deadline Accurately
Practical Tips for Practitioners and Pro Se Litigants
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