Have you been involved in a car accident,slip-and-fall,or any other accident or incident in which another individual’s actions caused you bodily harm? If so,you may be thinking about filing a suit in a Louisiana court and suing for damages. However,before you do that,it is critical to understand that the law has set time limits for filing personal injury claims. Failure to adhere to these limitations can have a negative effect on your case.
Personal Injury Statute of Limitations in Louisiana
According to the Louisiana Civil Code,any civil lawsuit seeking damages after an injury caused by another party must be filed within one year after the date of the accident. This statute applies to personal injury cases in which acts of negligence or intentional tort by one party result in personal injury to another individual. Such cases include but are not limited to personal injuries due to car accidents,fall accident,defective products,wrongful death,dog bites,and assault. Individuals who fail to file their lawsuit within the stipulated period can lose their right to sue for damages and get compensation,even when working with a personal injury attorney.
What If You Miss the Deadline?
In most cases,missing the deadline to file your suit such as waiting until after the lapse of the one year period can have severe effects on your case. The defendant will most likely point this out in court,and when they do,the court will dismiss your case. There are a few instances where exceptions are allowed in court. For example,if the personal injury case involves a minor,the court can overlook the limitations and hear the case.
It is paramount to seek legal counsel immediately after a personal injury accident. Having a personal injury lawyer will ensure that you file the suit on time. Remember,the longer you wait,the harder it becomes to compile sufficient evidence against the liable party. However,even if the time elapses,theinjured in a car crash can look for provisions in the law to have your case heard.