1. Negligent Acts
General claims for negligence, including all those arising out of automobile accidents, are governed by a one-year statute of limitation (Louisiana Civil Code Article 3492). Within one year of the accident, a civil action must be filed in a court with proper jurisdiction and venue.
2. Intentional Acts Under Louisiana law, acts for injuries or damages arising from a crime of violence committed by a defendant have a statute of limitations of two years (Louisiana Civil Code Article 3493.10).
3. Uninsured Motorists Actions The time limit for filing an uninsured motorist action independently against an insurance carrier is two years (La.R.S. 9:5629).
4. Medical Malpractice Actions The medical malpractice actions are governed by two different time periods (La.R.S. 9:5628). The first period is a preemptive period, which runs for three years from the date of the alleged malpractice. Every claim for malpractice must be filed no later than three years from the date the service was rendered. This period is not interrupted or suspended in any way, and runs even if the patient is ignorant of the alleged malpractice by the doctor or other healthcare provider.
The second type of time period is a regular statute of limitations under Louisiana law. Every claim for malpractice must be filed generally within one year of the date of the malpractice or no later than one year from the date the plaintiff found out about the malpractice. In the great majority of medical malpractice cases, the plaintiff is not aware immediately of the malpractice, and the one-year period begins to run on the date the plaintiff has reason to know of the potential claim for malpractice. In summary, a medical malpractice claim must be asserted within one year from the date the plaintiff reasonably knows or suspects the malpractice, but no later than three years from the date of the service rendered.
5. Fraud and Breach of Contract Cases Civil actions to seek damages arising from fraud or breach of contract have a statute of limitations of 10 years (Louisiana Civil Code Article 3499).