The Statute of Limitations for Personal Injury Cases in Louisiana

statute of limitations for personal injury cases in louisiana
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Despite trying your best to stay safe, sometimes, you are unlucky enough to encounter accidents. It can be through a vehicular incident, a slip-and-fall, or misconduct done to you by someone else. When you suffer due to any of these problems, you must consider filing for a personal injury lawsuit.

However, there are statutes of limitations for every type of case, which are also affected by the state’s regulations. These elements dictate the time limit on a person’s right to file a lawsuit.

In this article, you will learn about the statute of limitations for personal injury cases in Louisiana and what a Shreveport attorney can do to help you out.

How Long Is the Statute of Limitations for Personal Injury Lawsuits in Louisiana?

In the Louisiana Civil Code Section 3942, it is stated that “Delictual actions are subject to a liberative prescription of one year. This prescription commences to run from the day injury or damage is sustained.”

Following this guideline, you can file a Louisiana personal injury lawsuit within one year after the incident occurred. But what does “delictual action” mean? Simply put, this is a term that covers any lawsuit that is filed over any type of harm, including personal injury.

The one-year deadline applies to personal injury cases caused by negligence or intentional actions, and the counting of the dates begins from the moment the incident occurred.

What Happens If You Miss the Statute of Limitations?

If the one-year deadline to file for a personal injury lawsuit has already passed and you still try to file for a suit, you will almost certainly get called out by the defendant, and there is a very good chance that your case will be dismissed. Of course, there are exceptions to this rule, but the most likely result is a dismissal.

If you want to take your personal injury case to a Louisiana court, you must comply with the statute of limitations. But more than that, you shouldn’t miss the statutory filing deadline. Should your case result in a settlement instead of a court hearing, you’d still want to be in a good position before your negotiation with the defendant.

One year can go by very quickly, so if you don’t make a move right away, you may not get the justice that you seek. Filing for a lawsuit right away will give you more leverage to negotiate with the defendant and still have enough time if you have to bring the case to court.

Are the Exceptions to the Statute of Limitations?

Though the implementation of the statute of limitations can be strict in Louisiana, there are still a few exceptions.

First, if the person filing the complaint is a minor at the time of the accident, the limitation of one year doesn’t apply to them. Aside from this, if the incident involves injuries brought upon by a defective product, where the actual cause of the injury remains unidentifiable, the statute of limitations will be paused until the required information is identified.

If you have a question about the statute of limitations for personal injury cases in Louisiana, contact The Law Office of Christopher M. Stahl today.

The Bottom Line: Work with a Personal Injury Attorney in Louisiana

Understanding how the laws in your state works can be complicated, especially when you are unfamiliar with how personal injury cases work. So you can rest assured that you’ll be able to make the best choices, consult with an attorney immediately after the incident.

If you are looking for a personal injury lawyer in Louisiana, book an appointment at the Law Office of Christopher M Stahl. As a Shreveport lawyer with expertise in family law, criminal defense, and personal injury, we will make sure you get the help you need. Request for a consultation today.

Contact us by filling out the form below.

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