What is the statute of limitations for a car accident in Louisiana?
As a Louisiana personal injury lawyer, I can inform 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. Previous 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.
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 Louisana car accident lawyer immediately.
What are some exceptions to the statute of limitation deadline in Louisiana?
There are a few limited exceptions to the one-year Louisiana statute of limitations for personal injury lawsuits 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.
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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