"Statutes of limitations" are laws that set time limits on how long you have to file a "civil" lawsuit, like a personal injury lawsuit, or how long the state has to prosecute someone for committing a crime. These time limits usually depend on the legal claim or crime involved in the case, and they're different from state to state. For example, in some states you may have three years to file a personal injury lawsuit after you were hurt in car accident, but in other states you may have two years. As a general rule:
- The time period begins to run on the date your claim arises or "accrues," like the day of the car accident, or when a crime is committed, and
- Once the statute of limitations has expired or "run," you can't file a lawsuit (or be prosecuted for a crime)
Below are the statutes of limitations in Louisiana for various civil claims and crimes. The list doesn't cover everything. Also, the laws may change at anytime, so be sure to check the current laws and read them carefully, or talk to an attorney if you have any questions.
Civil
Note: Most of the civil statutes of limitations are in Chapter 4 of Louisiana's Civil Code (starting with "article" 3492). Also, you can scroll through the laws there to find the statute of limitations for civil claims or "causes of action" not listed below.
Description |
Statute
|
Assault and Battery, 2 years |
La. Civ. Code art. 3493.10 |
Contract (in writing), 10 years |
La. Civ. Code art. 3499 |
Contract (oral or not in writing), 10 years |
La. Civ. Code art. 3499 |
False Imprisonment, 2 years |
La. Civ. Code art. 3493.10 |
Fraud, 1 year |
La. Civ. Code art. 3492 |
Enforcing Court Judgments, 10 years |
La. Civ. Code art. 3501 |
Legal Malpractice, 1 year |
La. Civ. Code art. 3492 |
Libel, 1 year |
La. Civ. Code art. 3492 |
Medical Malpractice, 1 year |
La. Civ. Code art. 3492 |
Personal Injury, 1 year |
La. Civ. Code art. 3492 |
Product Liability, 1 year |
La. Civ. Code art. 3492 |
Property Damage, 1 year |
La. Civ. Code art. 3492 |
Slander, 1 year |
La. Civ. Code art. 3492 |
Trespass, 1 year |
La. Civ. Code art. 3492 and La. Civ. Code art. 3493 |
Wrongful Death, 1 year |
La. Civ. Code art. 3492 |
Criminal
Note: Generally, the criminal statutes of limitations are in Articles 571 and 572 of Louisiana's Code of Criminal Procedure. You can scroll through the criminal laws (found in Title 14 of the Louisiana Revised Statutes) to find crimes not listed below, and then use arts. 571 and 572 to find the statutes of limitations for those crimes.
Description |
Statute
|
Arson, 4 or 6 years (Depending on the facts of the case) |
La. Crim. Code Proc. art. 572(A)(1) or (2) |
Assault and Battery, 2 or 4 years (Depending on the facts of the case) |
La. Crim. Code Proc. art. 572(A)(2) or (3) |
Burglary, 4 or 6 years (Depending on the facts of the case) |
La. Crim. Code Proc. art. 572(A)(1) or (2) |
Disorderly Conduct (Disturbing the Peace), 2 years |
La. Crim. Code Proc. art. 572(A)(3) |
Kidnapping, 4 or 6 years (Depending on the facts of the case) |
La. Crim. Code Proc. art. 572(A)(1) or (2) |
Manslaughter, 6 years |
La. Crim. Code Proc. art. 572(A)(1) |
Murder, No time limit |
La. Crim. Code Proc. art. 571 |
Murder, second degree, No time limit |
La. Crim. Code Proc. art. 571 |
Rape, No time limit |
La. Crim. Code Proc. art. 571 |
Receiving Stolen Property (Illegal Possession of Stolen Things), 2 or 4 years (Depending on the facts of the case) |
La. Crim. Code Proc. art. 572(A)(2) or (3) |
Robbery, 4 or 6 years (Depending on the facts of the case) |
La. Crim. Code Proc. art. 572(A)(1) or (2) |
Theft, 2 or 4 years (Depending on the facts of the case) |
La. Crim. Code Proc. art. 572(A)(2) or (3) |