Statutes of limitations are deadlines for filing specific types of claims in court, in arbitration, or in other legal proceedings. Statutes of limitations generally require a person or entity to file a lawsuit or initiate an arbitration proceeding within a certain number of years from the date the cause of action accrues or arises—often the date of the injury, whether a physical injury or a breach of contract, for example.

The discovery rule is a judge-made exception to statutes of limitations that stops or “tolls” the limitations period from beginning to run until the person with the right to assert the claim (the plaintiff) has sufficient knowledge to discover the facts regarding the injury or breach.

Similarly, a statute of limitations may be suspended or “tolled”—extending the time period in which the plaintiff may file a lawsuit or make a claim—if the plaintiff lacks the legal capacity to file a lawsuit or make a claim when the cause of action accrues (the person is under a legal disability). For example, if a person’s cause of action accrues when the person is a minor child, the statute of limitations will often by tolled until the child reaches the age of majority (often 18).

In Louisiana (LA), statutes of limitations set deadlines for filing various types of legal claims. These time limits vary depending on the nature of the claim. For example, personal injury claims must generally be filed within one year from the date of the injury, while contract disputes typically have a deadline of 10 years. The discovery rule in Louisiana can toll the statute of limitations, meaning the time to file a claim does not start until the plaintiff discovers or should have discovered the injury. This rule is particularly relevant in cases where the injury or damage is not immediately apparent. Additionally, the statute of limitations may be tolled for plaintiffs who lack legal capacity, such as minors. In such cases, the time limit to file a claim may not begin until the disability is removed, for instance, when the minor reaches the age of majority, which is 18 years in Louisiana. It's important for individuals to consult with an attorney to understand the specific time limits and exceptions that may apply to their case.