How long do I have to file a lawsuit and what exactly does it mean if I don't file it in time?
Hey, I'm Louisiana personal injury lawyer Loyd Bourgeois, with offices in Luling and Metairie, Louisiana.
One of the most common questions we get asked is: "How long do I have to file my lawsuit?"
As of July 1, 2024, the time limit for filing a personal injury lawsuit in Louisiana has changed. For accidents or incidents that occur on or after July 1, 2024, you now have two years to file your lawsuit. This is a significant update from the previous law, which only allowed one year to file.
What Happens If You Don’t File in Time?
If you don’t file your lawsuit within the applicable statute of limitations, whether it’s one year for incidents before July 1, 2024, or two years for those after, your claim is lost. Your case essentially disappears, and you lose your right to recover. While there are some very limited exceptions, such as issues related to underinsured motorist (UM) insurance, these exceptions are rare and case-specific. If you think one might apply to you, it’s crucial to speak with an attorney as soon as possible.
Should You Wait to File a Lawsuit?
While you technically have up to two years (or one year for older cases), waiting too long can create significant challenges. Evidence can disappear, witnesses may become unavailable, and memories fade. These issues can make proving your case much harder. That’s why it’s always a good idea to consult with an attorney well before the deadline to protect your rights and ensure your case is as strong as possible.
What Should You Do?
If you have any questions about how long you have to file a lawsuit, whether your case still falls within the time limit, or when you should file, reach out to us. At our firm, we’re here to help you understand your rights and guide you through the process. Call us at 985-240-9773, and let’s talk about your situation.
Remember, the clock is ticking, so don’t wait too long to protect your claim. I'm Loyd Bourgeois, and we’re here to help you.
