Louisiana Car Accident Statute of Limitations

By Joseph F. Gaar

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Car Accidents

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Last Modified on Oct 02, 2026

If you’re injured on the road in Louisiana, you can take action to obtain compensation for your damages, including direct costs and more abstract losses like pain and suffering. Under the Louisiana car accident statute of limitations, you must file a claim within a certain period of time, or else you forfeit your rights to compensation.

In Louisiana, the statute of limitations for civil actions is formally known as a liberative prescription. It is imperative to understand the rules and deadlines if you plan to go the legal route. You can reach out to a Louisiana car accident lawyer to review your recovery options and represent you in and out of the courtroom.

Louisiana Car Accident Statute of Limitations

Motor vehicle accidents are a leading cause of both fatal and non-fatal injury in Louisiana, with 3,171 hospitalizations in the state in 2023. If you or a loved one is injured or killed on the road, you may have grounds to file a personal injury or wrongful death claim. Every case is different.

The rules for recovering fair compensation after a car crash can look different depending on the details of the situation. It is important to be aware of Louisiana car accident laws, including the statute of limitations for securing a settlement.

Under Louisiana law, the statute of limitations for filing a personal injury claim is two years from when the accident took place. You may also have to abide by specific rules and deadlines if you plan to file against a government entity or employee. A car accident attorney can inform you of your legal obligations.

In the event the victim in a vehicle collision dies, there are some eligible surviving family members who can open a wrongful death case instead. This typically involves filing a wrongful death claim and a survival action. You can file these actions together, but they do have slightly different statutes of limitations.

You typically must file a wrongful death claim within a year from when the victim died. You can file a survival action either within a year of their death or two years from the initial injury, depending on which date comes first.

Even though you technically have time to file a personal injury claim after a vehicle accident, it’s recommended that you initiate the process as quickly as possible. Even with a car crash attorney on your side, the claims process can take time. The sooner you start, the faster you can recover the compensation you need to recover.

FAQs

How Much Fault Can I Be for the Accident and Still Receive Compensation?

You can be up to 50% at fault and still receive some compensation. In a modified comparative fault state like Louisiana, an injured party can file a claim as long as they’re not the majority party at fault.

If you do share fault in a car accident, your total settlement is going to be reduced by your percentage of fault. It is crucial to reduce your level of fault with the help of a seasoned attorney.

Do Car Accident Claims Have to Go to Court in Louisiana?

No, car accident claims don’t have to go to court in Louisiana. It’s possible to reach a settlement agreement by negotiating one with the at-fault individual and their insurance provider.

It’s wise to be prepared to reject the initial offer and counter with what you think you’re rightfully owed. A Louisiana car accident attorney can help. They can also advise you on when to give up on negotiations and pursue another avenue for compensation.

How Long Does It Take to Resolve a Car Accident Claim in Louisiana?

Resolving a car accident claim in Louisiana largely depends on whether or not you’re able to settle matters out of court. Many personal injury claims after car accidents resolve outside of the court system.

Negotiations can still take time, and it’s still recommended that you hire a car accident lawyer to help you through the process. You can expect litigation to take even longer due to busy court schedules.

What Damages Are Recoverable Through a Louisiana Car Crash Claim?

What damages are recoverable through a Louisiana car crash claim may vary from case to case. Typically, injured individuals can file to recover economic and non-economic damages related to the incident, including:

• Disability
• Loss of quality of life
• Lost wages
• Medical expenses
• Out-of-pocket costs
• Pain and suffering
• Property damages
• Reduced earning capacity

Damages are not typically capped in car accident cases unless you’re filing against a government entity or employee. Workers’ comp claims from traffic accidents also follow unique rules.

Hire a Car Accident Lawyer to Pursue Compensation in Louisiana

There is a lot to take care of in the wake of a car crash. It is important to move quickly in order to protect yourself and secure your rights to fair compensation.

Fortunately, you don’t have to do everything on your own. The right Louisiana car accident lawyer is right here at Gaar Law Firm, awaiting your call.

Our team of skilled attorneys brings over 40 years of personal injury law experience to the table, including a proven track record of success. We have recovered more than $40 million in compensation for our clients over the years.*

When you choose the Louisiana personal injury lawyer at Gaar Law Firm to represent you in an injury accident case, you’re choosing a local team with the knowledge and experience you can trust. We’ve built a great reputation amongst our clients and peers alike:

• AV-Preeminent Peer Rating With Martindale®
• Million Dollar Advocates Forum member
• Multi-Million Dollar Advocates Forum member
• Rated by Super Lawyers®**

To top it off, we are a part of the Louisiana Association for Justice, a statewide bar association composed mainly of trial lawyers for civil cases.

If you are ready to talk about your case with an attorney, you have found the right team to represent you. Reach out to schedule an initial consultation with a trusted attorney to start planning your recovery strategy.

You can find our office in Lafayette. We are conveniently located near I-10 and US-90 to reach our clients throughout Southwest Louisiana.

*Past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits.

**Awards and recognition are not guarantees of future results. Selection criteria vary by organization.