If you are injured in an accident or incident in Louisiana caused by another party’s negligence or wrongdoing, you may have the right to recover compensation for your damages. However, insurance companies and defense attorneys will work to deny or devalue your claim, so you need the assistance of an experienced Lafayette personal injury lawyer to protect your rights and help you secure the compensation you are entitled to.
What Is the Statute of Limitations for a Louisiana Personal Injury Claim?
A statute of limitations is a law that sets a deadline for filing a claim to recover compensation for a personal injury claim. Louisiana recently extended its statute of limitations for most personal injury claims from one year to two years. This means that you typically have two years from the date of the accident or incident that caused your injury to file a claim.
A personal injury claim in Louisiana is referred to in the law as a Delictual Action. Louisiana Civil Code Article 3493.1 became effective July 1, 2024, and states:
“Delictual actions are subject to a liberative prescription of two years. This prescription commences to run from the day that injury or damage is sustained. It does not run against minors or interdicts in actions involving permanent disability and brought pursuant to the Louisiana Products Liability Act or state law government product liability actions in effect at the time of the injury or damage.”
Note that the new two-year deadline does not apply to other cases commonly referred to as personal injury claims. For example, both wrongful death actions and survival actions still have a one-year statute of limitations.
Additionally, there are exceptions to the two-year filing deadline. You must promptly consult an experienced Louisiana personal injury attorney to learn the filing deadline for your claim.
Exceptions to the Louisiana Statute of Limitations in Personal Injury Claims
Some important exceptions to Louisiana’s statute of limitations include:
- Personal action claims for minors. If a person is under the age of 18, the statute of limitations does not commence until they turn eighteen.
- The discovery rule. When injuries are not immediately known, or the cause of your injuries is not immediately known, the statute of limitations may be paused until the injury is discovered.
- When the government is a defendant. If your claims involve a government agency, you usually have a much shorter filing deadline.
If someone else’s negligence has injured you, you should not wait to consult an experienced Louisiana personal injury attorney to determine your filing deadline.
In addition to ensuring that you do not miss your filing deadline, you should consult an experienced personal injury lawyer quickly so they can take fast action to preserve evidence that may be destroyed or lost over time.
The sooner you reach out to Anderson Blanda & Saltzman, the sooner we can begin protecting your rights and building your case to help you recover maximum compensation.
Call Anderson Blanda & Saltzman for a Free Consultation to Discuss Your Louisiana Personal Injury Case
If you have been injured in an accident in Louisiana, you may be able to recover compensation if another party is at fault. However, you need to consult a Louisiana personal injury lawyer right away, so you meet your filing deadline and to help preserve and collect important evidence for your claim.
The Lafayette accident attorneys at Anderson Blanda & Saltzman have decades of experience protecting the rights of injury victims and helping them recover maximum compensation. We are committed to helping you get the justice and full recovery you deserve.
Call (337) 233-3366 or complete the short form on our contact page and schedule a free consultation to discuss your personal injury case in Louisiana.