How long do I have to file a car accident lawsuit in Louisiana? You have two years from the date of your accident to do so. Previously, the statute of limitations specified one year as the time limit for filing, but this was changed in 2024.
Our New Orleans personal injury lawyer feels that this extension benefits victims. Firstly, it allows more time to assess the extent of injuries. Secondly, injured people have more time to recover before filing a lawsuit.
Why was the Time to File a Car Accident Lawsuit in Louisiana Changed?
Apart from allowing the seriously injured more time to recover, the extension from one to two years allows hidden injuries to be noticed and assessed. For example, traumatic brain injury (TBI) symptoms may take time to make their presence felt and may get worse over time. The CDC notes that moderate to severe TBI is a lifelong condition.
In addition, some car accidents are extremely complex, with multiple factors contributing to the result: an injured human being. It can take time to assemble all the evidence, investigate every angle, and build a case.
Investigations are not limited to the accident itself. When people are very seriously hurt, it can take medical professionals time to determine how it will affect their lives in the long term. The initial injuries may be very clear, but the effects of treatment will vary from person to person.
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504-500-1111What Louisiana Law Says About Delictual Actions
The specific change can be seen in Delictual Actions, La. Civ Code Art 3493.11. A delictual claim refers to a claim for damages as a result of a delict. This may sound complicated, but a delict refers to:
- Harm suffered by an individual
- The harm is the result of somebody else’s actions
- The defendant’s action is wrongful
- The defendant is at fault or to blame
Simply put, all of this refers to claiming compensation for financial and non-financial losses caused by personal injury. This will be highly relevant to your car accident lawsuit if you were not to blame for the accident and were injured.
What Damages Can I Claim if I Do not Wait too Long to File a Car Accident Lawsuit in Louisiana?
The first and most obvious amount to claim is for damage to your vehicle. The only real obstacle to navigate is proving that the other driver was at fault. The value of the damages caused is easily determined: repair costs or the value of your vehicle if it is not worth repairing. Examples of other damages you can claim include:
- Past and future medical expenses
- Lost earnings and loss of future earnings
- Emotional distress
- Pain and suffering
- Loss of quality of life (enjoyment)
Your personal damages are far less easy to assess. This is part of the reason why the time you have to file a car accident lawsuit in Louisiana has been extended. With the help of expert witnesses, your lawyer can determine your financial and non-financial damages.
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504-500-1111Exceptions to How Long You Have to File a Car Accident Lawsuit in Louisiana
In accordance with Louisiana Laws (Louisiana State Legislature), a minor who is disabled in an accident is not subject to the two-year deadline. Instead, their two-year window only begins on their 18th birthday.
For instance, if you were disabled in a car accident when you were eight years old, you can only file once you are eighteen, and after you turn twenty, you can no longer file. This would only apply if your parents or guardians failed to secure compensation on your behalf.
If you were injured as a minor and are uncertain as to whether you can file a disability claim for car accident injuries, consult a Louisiana Lawyer. These video testimonials from Scott Vicknair Injury Lawyers may inspire you.
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504-500-1111Start Preparing to File Your Car Accident Lawsuit as soon as Possible
When you know that you have two years’ worth of time to file a car accident lawsuit in Louisiana, you may feel that you can delay getting started. This could be an error for several reasons.
Remember that having more time to prepare your case benefits you. Some car accident lawsuits are relatively straightforward, but never assume that yours fits this description. There may be hidden complexities, and having time to prepare your case may help us to strengthen it.
Even if your car accident lawsuit is easy to settle, you will benefit from earlier compensation payments. After all, you have suffered financial losses and expenses for which you could never have planned.
Examples of Car Accident Lawsuits that May Prove Complex
As you can imagine, disputes over who was at fault in an accident can take up a lot of time. There will be a lot of evidence to gather and objections to counter. Thorough preparation will be key to navigating this scenario.
There are other forms of car accident lawsuits that can be complicated. For example, it can be extremely difficult to seek remedies for injuries sustained from hitting a pothole. To file successfully, you would need a means to breach the protections of sovereign immunity. If, on the other hand, you were driving on a private road, premises liability may be invoked.
Then, there is the question of what to do if you are dealing with an uninsured motorist claim in Louisiana. If you have provided for this in your insurance, you may still have a battle to get a fair settlement from your insurance company. Your lawyer can help, but it may be a lengthy process.
Time to File: Remember the Purpose of Your Car Accident Lawsuit
Your car accident lawsuit is your opportunity to get something back after you have been through pain, trauma, and loss. It cannot make up for all you have been through, and you may feel like putting it off for as long as possible.
Never forget that you are not attempting to profit from your misfortune. Instead, you are working to recover a loss. That loss may be worth more than you imagined in terms of money, but it is still nothing less than your due amount.
At Scott Vicknair Injury Lawyers, we understand that making your way through the legal process can, itself, be unpleasant for you. However, as attorneys, we shield our clients from much of that. We pride ourselves on ensuring that justice is done, and we fight for the win you deserve.