What Is the Statute of Limitations for a Car Accident in Louisiana?
As a Louisiana personal injury lawyer, you generally have two years from the date of the accident or incident to file a personal injury lawsuit. This is known as the statute of limitations or prescription.
This Louisiana Civil Code §3493.11 & 3493.12 applies to all personal injury claims, including those arising from car accidents that occurred on or after July 1, 2024. Prior to July 1, Louisiana had a one-year prescriptive period.
Be aware, claims for wrongful death or survival actions appear to still have a one-year prescriptive period. If you’re loved one one died due to someone else’s negligence, you should contact a Louisiana wrongful death lawyer immediately.
What Is the Prescription Period in Louisiana?
The term “prescription period” is often used interchangeably with “statute of limitations” in Louisiana law. They both refer to the deadline for filing a lawsuit, which is two years from the date of the incident for most tort claims.
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FREE Confidential Case Review (985) 240-9773What Happens if I Miss the Deadline to File a Lawsuit?
In most personal injury cases, if you miss the deadline to file a lawsuit in Louisiana, you will lose your right to seek compensation for your injuries.
There may be some rare exceptions, so it is important to speak with a Louisiana car accident lawyer immediately.
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FREE Confidential Case Review (985) 240-9773What Are Some Exceptions to the Statute of Limitation Deadline in Louisiana?
- The injured person was a minor at the time of the injury.
- The injured person was mentally incompetent at the time of the injury.
- The identity of the at-fault party was unknown at the time of the injury.
It is crucial to consult with an attorney as soon as possible to determine if any exceptions apply to your specific situation.
Exceptions to the two-year statute of limitations can be highly complex and will be case-specific.
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FREE Confidential Case Review (985) 240-9773Why Shouldn’t I Wait to File a Car Accident Claim in Louisiana?
Louisiana law may give you two years from the date of a car accident to file a personal injury lawsuit, but you should not treat those two years as time to wait. A strong injury claim takes time to build, and important work needs to happen long before the filing deadline.
After a wreck, you should report the accident, open an insurance claim, gather photos and other evidence, identify witnesses, obtain the crash report, document your lost income, and keep records of your expenses. Your legal team may also need to obtain medical records, investigate who caused the crash, preserve video or other evidence, speak with witnesses, consult experts, calculate your damages, and negotiate with the insurance company. If a fair settlement cannot be reached, a lawsuit may need to be filed before the two-year prescription period expires.
Medical treatment is also a key part of an injury claim. You should get medical care as soon as possible after the accident and follow your doctor’s treatment plan. Medical records can help show how badly you were hurt and connect your injuries to the crash. They can document your symptoms, diagnosis, treatment, physical limitations, and whether you may need future care.
Medical treatment is important after a car accident. Long gaps in treatment can create problems. An insurance company may argue your injuries were not serious, your condition improved, or something other than the accident caused your symptoms. Getting prompt care and continuing medically necessary treatment can help create a clear record of what happened to you after the wreck.
Filing an insurance claim is not the same as filing suit. You do not always need to file a lawsuit. Many claims can be resolved through an insurance settlement. Filing a claim early gives your legal team more time to build a solid case and increases your chances of a fair settlement. If the case doesn’t settle and a lawsuit becomes necessary, you’re already one step ahead. If you are unable to reach a fair settlement, you should give the attorneys of LJBLegal enough time to investigate the accident, understand the full extent of your injuries, and build your claim before the deadline approaches. If the insurance company will not offer fair compensation, your legal team needs enough time to prepare and file a lawsuit.
What Should I Do if I Have Been Injured in Louisiana?
If you have been injured in Louisiana, it is important to seek immediate medical attention.
Once you have received medical care, you should contact a personal injury attorney as soon as possible. A Louisiana personal injury lawyer can advise you of your rights and options under Louisiana law and help you navigate the legal process to ensure you do not miss the two-year deadline to take legal action to recover damages from the insurance company for accident-related past and future medical expenses, past and future lost wages, pain and suffering, mental anguish, and other damages.
