Claims or rights of action expire over the passage of time unless the appropriate action is made to enforce those rights. In Louisiana, this passage of time is called Prescription. In Common Law states, this passage of time is called Statute of Limitations. Different areas of law have different prescriptive periods. Below is an overview of the prescriptive periods pertinent to our firm’s practice areas [1]:
Medical Malpractice:
- Within one year from the date of the alleged act; or
- Within one year from the discovery of the alleged act, if it is not immediately felt; however,
- Regardless of when discovery of the alleged act takes place, within 3 years of the alleged act.
Professional Malpractice:
- Within one year from the date of the alleged act, or within one year from the discovery of the alleged act if it is not immediately discoverable, but regardless of when discovery is made within three years from the alleged act, for:
- Professional Accounting Liability;
- Legal Malpractice; and
- Professional Insurance Liability.
- Within five years from the alleged act for professional engineers, surveyors, professional interior designers, architects and real estate developers.
Probate and Succession Administration:
- Within two years from the alleged act for action of succession representatives;
- Within five years from the date of the judicial opening of the succession of the deceased for actions to exercise a right to probate a will;
- Within five years from the date of filing a will for probate for actions to annul a will;
- Within five years from the date of a Judgment of Possession for actions to reduce excessive donations;
- Within five years from the date of rendering Judgment for actions to rescind a partition;
- Within five years from the date the Power of Attorney was recorded for actions to invalidate the Power of Attorney and set aside the action made there under; and
- Within thirty years from the date of the judicial opening of the succession for actions to recognize a right of inheritance and recovery of whole or part of a succession.
Workers’ Compensation:
- Claims for indemnity benefits (wages):
- Within one year after the accident; or
- When payments are being made, within one year from the time of making the last payment; or
- When individual is receiving supplemental earnings benefits, within three years from the time of making the last payment.
- Claims for medical benefits:
- Within one year after the accident; or
- When payments are being made, within three years from the time of making the last payment of medical benefits.
Personal Injury/Insurance Defense:
- An injured party must file suit against the tortfeasor within one (1) year of the date of injury.
- A claim for uninsured/underinsured motorist benefits (UMBI) must be filed within two (2) years of the date of injury.
Creditors’ Rights:
- Promissory Notes:
- Demand Notes (“payable on demand”) – within five years from execution;
- Term Notes – within five years from when term is due.
- Open Accounts – three years from the date of default or non-payment of amount due.
- Money Judgments – within ten years from the date of signing of Judgment.
Contract Disputes:
- Within ten years from the date of breach for actions arising out of a breach of contract;
- Within five years from the date of execution for actions arising from a vice of consent;
- Within one year of discovery of defect, but no longer than four years from sale, for actions arising from redhibition or defect rendering the product sold useless;
- Within one year of sale for actions arising from lesion or inequality of things given; and
- Within one year of sale for actions arising from seller’s failure to deliver the full extent of the premises of immovable or real estate property.
[1] This information is provided as a general overview and is not intended to take the place of specific legal advice. General information is always subject to exceptions; therefore, it is always important to seek legal advice to obtain the pertinent information as it pertains to your specific situation.
