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What Is the Statute of Limitations in Louisiana?
Louisiana’s statute of limitations is a legal time limit that determines how long a resident has to file a lawsuit or for a prosecutor to bring criminal charges. These timeframes ensure fairness and accountability in the judicial system by maintaining reliable witness testimony and preserving evidence. The statute of limitations varies in Louisiana depending on the case type and the severity of the offense. The Louisiana Code of Criminal Procedure and Civil Code govern statutes of limitations for cases in the state.
How Long Is the Statute of Limitations in Louisiana?
The time limits for filing a lawsuit in Louisiana vary by case type. Most civil claims expire after two years from the date of injury or damage. However, those involving oral or written contracts have a 10-year limit from the breach or last payment (La. Civ. Code Art. 3499). This rule does not apply to minors and legally incapacitated individuals. The statutes of limitations for cases involving them start when they reach the age of majority or are no longer under guardianship. Misdemeanors can be prosecuted for 6 months or 2 years, depending on the level of punishment. Felonies have more extended periods, and serious crimes like murder or child sexual assault do not have statutes of limitations.
The table below summarizes the statute of limitations for various case types in Louisiana:
| Case Type | Statute of Limitations |
|---|---|
| Civil | 2 or 10 years |
| Felony | 4 or 6 years |
| Sex offenses involving minors | 30 years |
| Misdemeanor | 6 months or 2 years |
| Medical malpractice | 1 or 3 years |
What Crimes Have No Statute of Limitations in Louisiana
In Louisiana, most criminal charges have a statute of limitations. This prevents the state from prosecuting cases where evidence may have deteriorated or witnesses’ memories may have faded. However, some crimes have no statute of limitations because they are considered the most serious offenses against society and can be prosecuted at any time in Louisiana, no matter how many years have passed.
The legal reasoning behind these exceptions is that crimes without a statute of limitations are considered so severe that the passage of time should not shield the offender from accountability. Additionally, these crimes often involve lasting trauma for victims and their families, making it essential for the justice system to allow prosecution whenever sufficient evidence is available, even decades later. According to the Louisiana CCRP 571, crimes with no statute of limitations in Louisiana include:
- Forcible or second-degree rape (R.S. 14:42.1)
- Any crime where the sentence is death or life imprisonment
- Molestation of a minor or a person with a mental or physical disability (R.S. 14:81.2)
Criminal Statute of Limitations in Louisiana
The criminal statute of limitations in Louisiana sets the time limit the state has to file charges after a crime has been committed. Once the period expires, the defendant can no longer be prosecuted for that offense. These limits vary depending on whether the crime is a felony or misdemeanor and the type of offense involved. Louisiana law also includes exceptions where the statute of limitations is interrupted if the defendant (Louisiana CCRP 575):
- Lacks the mental capacity to go to trial and is committed per Louisiana CCRP 648.
- Flees from Louisiana, is outside the state, or is absent from his usual place of abode within the state.
Criminal statute of limitations in Louisiana falls into several categories, including:
- Felony
- Misdemeanors
- Crimes with no statute of limitations.
Not all felonies are treated the same. Some have no statute of limitations, especially those punishable by death or life imprisonment. Other felony time limits in Louisiana are 6 or 4 years, depending on whether the crime is punishable by imprisonment at hard labor. Misdemeanor statutes of limitations in Louisiana are shorter. Those punishable by a fine, imprisonment, or both must be prosecuted within two years, while petty crimes and minor violations often carry a six-month statute of limitations.
The table below gives some examples of criminal statute time limits in Louisiana:
| Offense | Statute of Limitations |
|---|---|
| Sex offenses involving minors | 30 years from the date the victim turns 18 |
| Felony punishable by imprisonment at hard labor | Six years |
| Felony not punishable by imprisonment at hard labor. | Four years |
| Misdemeanors whose punishment involves fines, imprisonment, or both. | Two years |
| A misdemeanor whose punishment is only by a fine or forfeiture. | Six months |
Is There a Statute of Limitations on Attempted Murder?
Yes. Unlike murder, attempted murder has a statute of limitations in Louisiana. According to Louisiana CCRP 572, felonies not punishable by death or life imprisonment must be prosecuted within six years. Attempted murder falls within this category. This means the state generally has six years to bring charges for attempted murder from the date the crime was committed. However, the time limit can be interrupted if the accused leaves Louisiana. The statute of limitations will be extended if the suspect conceals their identity or evades arrest. However, the six-year limit applies if new evidence becomes available, and prosecutors may revisit cases.
Statute of Limitations on Sexual Assault in Louisiana
The statute of limitations on sexual assault in Louisiana varies depending on the victim’s age, offense type, and when the crime was discovered. Severe sexual assault crimes like forcible or second-degree rape have no statute of limitations (Louisiana CCRP 571). These cases can be prosecuted anytime in Louisiana because they are punishable by life imprisonment or death under Louisiana law. The statute of limitations for sexual offenses involving children is 30 years after the victim’s 18th birthday (Louisiana CCRP 571.1). All other sexual offenses of a criminal nature fall under the felony statute of limitations. Felonies punishable by imprisonment at hard labor have a six-year timeframe, and four years for felonies not punishable by hard labor.
In civil law, the rules for filing sexual abuse claims in Louisiana have recently changed. Since June 14, 2021, survivors of childhood sexual abuse can bring lawsuits at any time, regardless of age (La. Rev. Stat. § 9:2800.9). For those abused before that date, Louisiana created a “lookback window” allowing lawsuits to be filed retroactively, even if the prior deadlines had expired. The deadline for this window is June 14, 2027.
Civil Statute of Limitations in Louisiana
Louisiana's Civil Code determines the deadline for bringing a lawsuit after a dispute, injury, or loss occurs. Missing a civil lawsuit deadline in Louisiana (also called prescriptive periods) means losing the right to sue entirely. There is a two-year deadline for filing a civil claim in Louisiana (L.A. Civ. Code § 3493.1). This applies to personal injury, property damage, and defamation claims. The time limitations will start running on the incident date or when the harm was discovered. If a lawsuit is filed after the statute of limitations has expired, the court dismisses the case. However, there might be some exceptions. The two-year rule does not apply to minors, interdicts in actions involving permanent disability, or specific product liability claims.
The table below shows the civil statute of limitations in Louisiana:
| Claim Type | Statute of Limitations | Section (§) of the Louisiana Civil Code |
|---|---|---|
| Personal injury Damage to personal property Fraud Trespass Other tort actions | 2 years | L.A. Civ. Code § 3493.1 |
| Recovery of wages Recovery of rents Action on accounts | 3 years | L.A. Civ. Code § 3494 |
| Actions on negotiable instruments | 5 years | L.A. Civ. Code §3498 |
| Money judgments | 10 years | L.A. Civ. Code § 3501 |
| Written and oral contracts | 10 years | L.A. Civ. Code § 3499 |
Statute of Limitations for Medical Malpractice in Louisiana
The medical malpractice statute of limitations in Louisiana is one year from the date of the alleged act, omission, or neglect (Louisiana Revised Statutes §9:5628). However, if the patient does not discover the effects of medical malpractice until later, they can file a lawsuit within one year of the date of discovery. This period can be up to three years from the date of the actual malpractice.
Individuals considering filing a medical malpractice lawsuit in Louisiana must first present their claim to a medical review panel (Louisiana Revised Statutes §40:1231.8). The panel will evaluate whether the alleged malpractice occurred. During the evaluation, the statute of limitations is suspended, but the victim has 90 days to file their lawsuit from when the panel issues an opinion.
The table below outlines common medical malpractice cases in Louisiana:
| Type of Medical Malpractice | Example |
|---|---|
| Surgical Errors | Nerve damage Performing unnecessary surgery Operating on the wrong part of the patient’s body leaving surgical instruments inside the patient’s body. Using surgical equipment that fails during surgery |
| Misdiagnosis or Delayed Diagnosis | Failure to diagnose a patient accurately or a delay in the diagnosis can lead to worsening of the condition, unnecessary treatments, death, or increased medical costs. |
| Anesthesia or Emergency Room Errors | Misinterpreting test results Administering too much or too little anesthesia Failing to insert a breathing tube into the patient’s airway correctly |
| Medication Errors | Prescribing the wrong medicine or dosage filling a prescription incorrectly. |
Statute of Limitations for Debt in Louisiana
The debt statute of limitations in Louisiana varies depending on the type of debt. The L.A. Civ. Code § 3494 highlights a three-year statute of limitations for most debts. Once this time elapses, the debt becomes "time-barred", meaning a creditor cannot legally sue the debtor to collect it. However, the debt still exists, and creditors may continue to attempt collection through other means.
The table below outlines the statute of limitations for various debts in Louisiana:
| Type of Debt | Statute of Limitations |
|---|---|
| Written Contracts (personal loans, auto loans, credit card agreements) | 10 years |
| Open Accounts (unpaid credit card debt in Louisiana) | 3 years |
| Action on money lent | 3 years |
| Oral Contracts | 10 years |
Statute of Limitations for Child Abuse and Child Support in Louisiana
The government has recently eliminated the child abuse statute of limitations in Louisiana. This change allows victims to bring charges against alleged perpetrators, regardless of when the abuse occurred. However, the state has a 10-year statute of limitations for collecting unpaid child support (Louisiana Revised Statutes §13:4291).