If you were hurt in a fall on someone else’s property, you may wonder how long you have to take legal action. Louisiana law sets a deadline for filing injury lawsuits. This deadline is called the statute of limitations, or prescription. A Louisiana slip and fall lawyer from Loyd J Bourgeois Injury & Accident Lawyer (LJBLegal) can explain how these deadlines apply to your situation.
In most cases, you have two years from the date of the fall to file a lawsuit for a premises liability claim in Louisiana. If the lawsuit is not filed before the deadline, you will usually lose the right to recover compensation. Speaking with a Louisiana slip and fall lawyer early can help protect your right to pursue compensation.
What Is the Statute of Limitations for Slip and Fall Cases in Louisiana?
The statute of limitations for most personal injury claims in Louisiana, including slip and fall accidents, is two years from the date of the incident.
This rule comes from Louisiana Civil Code §3493.11 and §3493.12. The two-year deadline applies to accidents that happened on or after July 1, 2024. Before that date, Louisiana used a one-year prescriptive period.
Slip and fall accidents often fall under premises liability law. Property owners have a duty to keep their property reasonably safe. When hazards such as wet floors, broken steps, poor lighting, or uneven walkways cause injuries, the injured person may have the right to pursue compensation.
What Does Prescription Mean in Louisiana Injury Law?
Louisiana uses the term prescription instead of statute of limitations. Both terms refer to the same concept, the legal deadline to file a lawsuit.
For most premises liability cases, including slip and fall injuries, the prescription period is two years from the date the accident occurred. If a case is filed after the deadline, the court will usually dismiss the lawsuit.
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FREE Confidential Case Review (985) 240-9773What Happens if You Miss the Slip and Fall Lawsuit Deadline?
Missing the filing deadline can end your case before it begins. In many situations, the court will dismiss a lawsuit filed after the prescriptive period expires.
Insurance companies are aware of these deadlines. If the time limit passes, they may deny payment for medical expenses, lost wages, and pain caused by the injury.
Some exceptions may apply, which is why it helps to speak with a New Orleans slip and fall lawyer soon after an accident.
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FREE Confidential Case Review (985) 240-9773What are Exceptions to the Slip and Fall Statute of Limitations in Louisiana?
Certain situations may pause or extend the prescription period. These exceptions are limited and depend on the details of the case.
- The injured person was a minor at the time of the accident.
- The injured person lacked mental capacity when the injury occurred.
- The responsible party could not be identified right away.
Each case is different. A conversation with the attorneys of LJBLegal can help determine whether an exception may apply.
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FREE Confidential Case Review (985) 240-9773Why Should You Start a Slip and Fall Claim as Soon as Possible?
Although Louisiana law gives most injury victims two years to file a lawsuit, waiting can make a case harder to prove.
Slip and fall cases often depend on evidence from the property where the injury occurred. Over time, evidence may disappear. Security camera footage may be erased. Witnesses may move away or forget details. Property owners may repair the dangerous condition before it can be documented.
Most injury cases begin with an insurance claim before a lawsuit is filed. Starting the process early gives the attorneys of LJBLegal time to gather records, inspect the property, and build a strong claim.
Many cases resolve through settlement discussions. If settlement talks fail, filing a lawsuit protects your right to pursue full compensation.
What Should You Do After a Slip and Fall Accident in Louisiana?
If you were injured in a fall on unsafe property, the first step is to seek medical care. Medical records help protect your health and document the injury.
Next, consider speaking with a Louisiana premises liability lawyer. If you are like most people, you have never hired a lawyer before. The process can feel stressful, especially when medical bills and missed work begin to add up.
The attorneys of LJBLegal work closely with injured clients and guide them through each step of the process. Some cases settle through insurance negotiations. If a property owner refuses to accept responsibility, the team prepares the case for court and fights for fair compensation.
A premises liability claim may include compensation for medical expenses, lost income, future treatment, pain, and emotional distress.
