What is the Deadline to File a Lawsuit After a Wreck in Louisiana?

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.

What 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.

What 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.

Why You Shouldn’t Wait to File a Claim

In Louisiana, you have up to two years from the date of the wreck to file a lawsuit. But waiting too long to take action can hurt your case. Before you ever get to a lawsuit, you need to file an insurance claim. And that part should happen as soon as possible.

The longer you wait, the harder it is to gather strong evidence, get witness statements, or recover important records. Insurance companies may also use delays against you, questioning how serious your injuries really are or blaming someone else for the crash.

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.

Learn more about the difference between a claim and a lawsuit and why both matter in Louisiana accident cases.

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.

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