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Louisiana’s 2024 Reform: Timing is Everything
- aaron13642
- Aug 21
- 2 min read
When you are injured, timing matters. After a serious accident, your priority should be getting the medical care you need. But it is just as important to understand that there are strict legal deadlines that can affect your ability to make a claim and recover compensation. Seeking the advice of experienced legal counsel as soon as possible ensures that your rights are protected and that your claim is filed before the clock runs out.
A Fresh Timeline Begins:On July 1, 2024, Louisiana’s legislature enacted Act No. 423 (HB 315), amending the Civil Code to extend the prescriptive period—the civil law equivalent of a statute of limitations—for most delictual actions (i.e., tort claims) and damage to immovable property from one year to two years. This means plaintiffs injured in car accidents (and similar claims such as slip and falls) now have two full years from the date of injury to file a lawsuit.
What Changed, and How It Works
New Rule (post–July 1, 2024): Two-year deadline applies to car accidents, slip-and-falls, truck crashes, premises liability, and related negligence cases.
Old Rule (pre–July 1, 2024): The one-year prescriptive period remains for accidents that occurred before the change.
Prospective Application: The two-year timeline only applies moving forward—claims arising before the effective date must still adhere to the one-year limit.
Which Claims Are Affected — and Which Aren’t
Covered by the Two-Year Rule
Car accidents and other personal injury claims grounded in negligence (delictual actions), including:
Auto, truck, and motorcycle wrecks
Slip-and-fall and premises liability incidents
Damage to immovable property (e.g., building damage)
Still Limited to One Year
Certain claims remain exceptions and continue to be governed by a one-year prescriptive period, even after July 1, 2024:
Medical malpractice
Product liability cases (e.g., defective vehicle parts)
Wrongful death and survival actions
Illustrative Examples
Scenario | Time to File |
Car accident on June 15, 2024 | 1 year (deadline: June 15, 2025) |
Car accident on July 20, 2024 | 2 years (deadline: July 20, 2026) |
Medical malpractice on August 1, 2024 | Still only 1 year (deadline: August 1, 2025) |
Why This Reform Matters
More breathing room: Doubling the filing period helps victims take necessary steps—medical evaluation, evidence collection, and legal consultation—without rushing.
Still strict for some claims: One-year limits still apply to cases like medical malpractice, wrongful death, and product liability.
Claim date is critical: Whether your accident occurred before or after July 1, 2024, determines which deadline applies.
Act fast, regardless: Even with more time, delays can weaken your case by allowing evidence to fade or become inaccessible.
Final Thoughts
Louisiana’s 2024 legislative reform meaningfully extended the filing deadline for many tort-based claims from one year to two, but only for those arising on or after July 1, 2024. Car wrecks, slip-and-falls, and similar negligence cases now enjoy greater flexibility under a two-year prescriptive window. That said, critical exceptions—such as medical malpractice, product liability, and wrongful death—remain governed by the one-year rule.
If you or a loved one has been injured due to the negligence or misconduct of another, don’t wait until it’s too late. Contact the experienced trial lawyers at Maples & Connick today to protect your rights and pursue the compensation you deserve.
