Louisiana

Advocacy

Advocacy Center
225 Baronne, Ste. 2112, New Orleans, LA 70112
Toll Free (800) 960-7705
Fax (504) 522-5507
Phone – Hearing Impaired (TDD/TDDY) (504) 522-2337

Funding

Louisiana Department of Human Services
Mailing Address: P.O. Box 629, Baton Rouge, LA 70821 Physical Address: 628 N. 4th Street, Baton Rouge, LA 70802

Traumatic Head Injury/Spinal Cord Injury Trust Fund
Louisiana Rehabilitation Services, P.O. Box 91297, Baton Rouge, LA 70821
Phone (225) 219-2225
Email [email protected]
Director Mark Martin

Support

Rehabilitation Center of Thibodaux Regional
602 N. Acadia Road, Thibodaux, LA 70301
Phone (985) 447-5500
Toll Free (985) 493-4436
Touro Rehabilitation Center
1401 Foucher Street, New Orleans, LA 70115
Phone (504) 897-7011
Email [email protected]
Larry S. Stokes, Ph.D. & Associates
3501 N. Causeway Blvd., Suite 1900, Metairie, LA 70002
Phone (504) 454-5009
Fax (504) 455-1081
West Jefferson Rehab Center
1101 Medical Center Blvd., 4-East Rehab, Marrero, LA 70072
Phone (504) 349-1345
Website www.wjmc.org
President Woody Oge

Statute of Limitations and Repose

How to use this list of Louisiana Statutes of Limitations and Repose

  • “General Tort” is the statute of limitations for most personal injury or negligence claims (e.g., car accidents, slip and fall, general liability).
  • “Medical Malpractice is the statute of limitations for lawsuits against healthcare providers and hospitals for alleged negligence or errors in medical care.  The phrase “from act/omission” = Time starts from the date of the alleged malpractice. The phrase “from discovery” = Time starts from when the injury was discovered or should have been discovered. The medical malpractice statute of repose is an absolute deadline after the act of malpractice, regardless of when the injury is discovered. After this period, no claim can be brought, even if the injury was not discovered until later.
  •  “Products Liability”is the statute of limitations for claims involving injuries caused by defective or dangerous products. The products liability statute of repose is the maximum time after the product was manufactured, sold, or delivered that a lawsuit may be filed, regardless of when the injury occurred or was discovered.
  • “Workers’ Compensation” is statute of limitations for filing a workers’ compensation claim for work-related injuries or occupational diseases.  The following phrases apply: “from injury” = Time starts from the date of the injury; “from last payment” = Time starts from the date of the last payment; “from knowledge/discovery” = Time starts from when the injury or occupational disease was, or should have been, discovered; “from first symptom” = For occupational diseases, time starts from first manifestation of symptoms; and “from act/discovery” = Whichever is later, the date of the act or the date the injury was discovered.
  • Each entry includes the relevant statute citation for your further research or verification. And “N/A” means that there is no statute of repose or not applicable for that claim type in that state.

Remember that statute of limitations and repose can change, so it is essential to:

  • Confirm the current law as soon as possible.
  • Remember that there is no substitute for consulting an experienced attorney on a potential legal matter as soon as possible.
  • Remember that the facts of the case can alter or change the Statutes of Limitations.

General Tort: La. Civ. Code Ann. art. 3493.1 (2 years)

Medical Malpractice: La. Rev. Stat. Ann. § 9:5628 (1 year from discovery, 3 years repose)

Products Liability: La. Civ. Code Ann. art. 3493.1 (2 years); La. Rev. Stat. Ann. § 9:2800.28 (10 years repose)

Workers’ Comp: La. Rev. Stat. Ann. § 23:1209 (1 year from injury/last payment)