When you are injured because of the recklessness or negligence of another person or entity, you can likely hold them liable with a personal injury claim. However, you don’t have forever to file this claim. It’s important to be aware of the Louisiana personal injury statute of limitations, which outlines the amount of time you have to file. If you miss the deadline, you will be unable to secure financial recovery.
Since July 1, 2024, the statute of limitations for personal injury in Louisiana is two years.
In civil court, the statute of limitations is a deadline by which you have to file a civil claim. Different actions have different deadlines. In Louisiana, the statute of limitations is also called a liberative prescription. Each state has unique statutes of limitations, and different local laws in Louisiana may also impact this time limit.
This time limit exists so that a person isn’t liable for something they did indefinitely. While this is important, it is also important that those who are wronged can file their claim. The prior statute of limitations was one year, giving individuals a very short window to hire a Louisiana personal injury lawyer, investigate their accident, build a case, and file their claim.
The new law provides more time for these important actions, enabling those like you with claims to understand the scope of their injuries, investigate the at-fault party, and secure important evidence. However, there is still a limited window, and you need to act quickly after an injury. Miss the deadline, and you cannot file a civil claim.
There are several types of personal injury claims that follow the two-year statute of limitations, including:
This statute of limitations was made law on July 1, 2024. For personal injury cases that occurred prior to this date, the old statute of limitations applies. This gives a time limit of only one year from the date of the injury. There may be some exceptions that extend this deadline, so it is important to talk with an experienced attorney as soon as possible.
There are some exceptions to the statute of limitations for personal injuries. In some cases, the deadline is extended, while in other cases, there is a much shorter window to file. If you believe you qualify for an exception that gives you more time to file, you will have the burden of proof to show the court why it applies. Talking with an attorney can help you determine whether you should file or not.
One exception includes claims filed by minors. The statute of limitations pauses until a minor reaches the age of majority. It’s important to remember that injuries prior to July 2024 are subject to the one-year limit. An attorney can review other potential exceptions.
Louisiana personal injury laws can be complicated, and they are even harder to understand when you are dealing with a painful injury. By working with a personal injury attorney, you have a better chance of a successful case and get support along each step of the process.
An attorney is familiar with the state and local laws and can help you understand your options for compensation and the likelihood of your case succeeding. You can build a strong case with an attorney.
A: The statute of limitations for personal injury in Louisiana is two years from the day you were injured. While there are some exceptions, they apply in very limited circumstances. In most cases, if you miss the statute of limitations for your claim, you will be barred from financial recovery. Often, insurers will try to run out this deadline so they don’t have to pay you in a settlement or a trial. Hire a personal injury lawyer to protect your interests.
A: You have a short window of time to file a claim after an accident in Louisiana based on civil deadlines. However, there is often a shorter window of time to file an insurance claim after certain types of accidents in Louisiana, such as a car accident. Different insurers have unique deadlines, but usually require that you file as soon as you can after an accident. Working with an attorney can help you be aware of the deadlines.
A: Some of the potential exceptions to the personal injury statute of limitations in Louisiana occur when the statute of limitations doesn’t run, including:
There are also some cases where a shorter deadline applies to your injury, such as a claim as an injured employee.
A: How long it takes to resolve a personal injury case in Louisiana is very reliant on your unique case. There is no specific timeline for a case to take. Some cases can be resolved quickly, especially those with substantial evidence and the help of an attorney. Some cases take much longer, even with legal support. This is because some cases require complex investigation or may have to go to trial to secure full compensation.
A personal injury can have a significant financial and personal impact on your life. It’s important to act soon after a crash or other accident to ensure you file before the statute of limitations expires. Get in touch with Hammond Law Firm, LLC today and let us help navigate your case.