What is the personal injury statute of limitations in Louisiana? In Louisiana, you have just two years from the day the accident occurred to take legal action against those who you believe are at fault.
A New Orleans personal injury lawyer can help you prepare and file a successful claim before the deadline.
Personal Injury Statute of Limitations Explained
The Louisiana statute of limitations for personal injury makes it clear that victims of such an accident must take action to hold those who hurt them accountable. In Louisiana, this deadline is called the prescriptive period, but it has the same meaning.
If you wait too long to file a claim, the court does not (and will not) hear your case, and that means there is no way to force the at-fault party to pay you fairly.
Note that this means you have two years from the date of the accident to file a lawsuit. You may need to file an insurance claim prior to this deadline to ensure you receive full and fair compensation. Some examples of when this personal injury statute of limitations applies include the following:
- Car accidents in Louisiana
- Dog bites or dog attacks
- Slip and fall cases
- Injuries caused by a product failure
- Truck accidents
- Product failures handled by a New Orleans product liability lawyer
- Assault and battery charges
Wrongful Death Personal Injury Claims
If your family member lost their life due to a personal injury matter, you have one year to file legal action against the at-fault party. Note that this time frame begins on the date of a person’s death, not the date of the accident that led to it. You do not have much time to seek legal action and should not wait to contact a New Orleans wrongful death lawyer.
Violence Based Claims
When you are hurt as a result of an assault or you are suffering injuries due to a violent crime, you have longer to file a claim. The law gives you two full years from the date of the accident or injury to file a claim. Note that you should not wait to file a claim like this by starting with a police report.
Medical Malpractice Claims
Another common type of personal injury statute of limitations applies to medical malpractice, in which doctors, hospitals, and nurses cause injuries. In these situations, you only have a year to file a claim against the at-fault party. However, if the malpractice is discovered later than that timeframe, then there is a year from the date of the learning of the loss.
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504-500-1111There are Situations that Can Provide More Time
The statute of limitations for personal injury in Louisiana (RS 23:1209) is rather specific and short. However, some situations simply do not allow the victim to take action when they can and need to do so. These are a few reasons why you may be able to extend your claim beyond the initial or routine statute of limitations:
- Minors: If you were a minor when you suffered a personal injury, that means you have more time to take action. If you have not been emancipated from your parents and an accident occurs while you are a minor, you have until your 20th birthday (two years, or the length of the statute of limitations in your case) beyond your 18th birthday.
- Discovery rules: A person may not know that they suffered a personal injury right away, a common occurrence, for example, in a medical facility. The discovery rule applies here, indicating that the statute of limitations does not kick in until the person learns of the injury or loss caused to them.
- Out of state: If the person at fault for your injuries and losses flees and hides from you, it may be challenging to serve them as is required under the law. This can pause the statute of limitations until that person is found.
These are outlier causes, meaning you should not count on these applications of the law to be applicable in your situation. Instead, work quickly with an attorney to build your case. The sooner you take action, the sooner you will be able to recover the damages owed to you.
What Should You Do After a Personal Injury
One of the most important factors to consider as a victim of a personal injury is the steps you can take now to preserve your case and minimize losing compensation. In every situation, get medical care as your priority and follow up with your doctor as they recommend. There are several additional tips you can take to help you move your case forward.
- Gather evidence: When it is safe to do so, gather evidence from those who caused your injuries, the scene, and the debris in general. This evidence could help you build your case.
- Speak to your attorney right away: Your attorney will help you determine who is to blame while also working to build your case and document your losses. If the statute of limitations is a factor, your attorney may be able to help you pursue additional strategies for recovering the damages owed to you.
The sooner you contact an attorney to discuss your case, the sooner you will be able to preserve your right to full and fair compensation after an accident. When you have injuries, you do not want to simply let them pass. Instead, hire an attorney who can help you build a strong case for the recovery of all of your losses.
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504-500-1111Schedule a Free Consultation with an Attorney Now
You may not be sure if the Louisiana personal injury statute of limitations in your case has expired or if there are situations where you can still take action. Protect your future by contacting a personal injury attorney to guide you in your claim. Turn to Scott Vicknair Injury Lawyers now for a free consultation to discuss your legal options.
