Louisiana Personal Injury Statute of Limitations & Laws 2024 Explained

When you are injured because of another party’s carelessness or misconduct, you have the right to file a claim against them. This claim can recover the costs of your injury. It is crucial to be aware of the Louisiana personal injury statute of limitations & laws, as these guidelines limit the period of time you are able to recover this compensation. It is essential that you act quickly, or else you may lose the right to file a claim.

When the statute of limitations expires on your case, the court will bar any claim you file. If you are unsure whether you still have the right to recover compensation, it is important to act quickly and get in touch with an experienced attorney. They can review your case to determine if you still can recover compensation for a personal injury.

The Louisiana Personal Injury Statute of Limitations

As of July 2024, the statute of limitations for personal injury claims is two years from the date the injury occurred. If you miss this deadline, you will likely be unable to recover any compensation. The statute of limitations applies to numerous types of personal injury claims, including:

• Motor vehicle accidents
• Dog attack injuries
• Premises liability claims
• Product liability claims, unless there is permanent disability
• Medical malpractice and medical negligence
• Injuries from violent crime, such as assault or false imprisonment

This statute of limitations only affects injuries that occur on July 1, 2024, or after this date. If it occurred before that date, then the prior statute of limitations of one year applies.

What Is the Goal of the Civil Statute of Limitations?

The civil statute of limitations intends to provide injured parties with time to recover but still ensure that civil claims are filed in a timely manner. Injured parties have a right to recover losses from a negligent party that caused their accident, but the statute of limitations prevents the at-fault party from being liable for the rest of their life if no immediate action is taken.

This is also done to ensure that evidence is preserved. If an injured party waits many years to file a personal injury claim, then most of the evidence from the scene will be lost. Any individuals who witnessed the event will likely be unable to recall the situation clearly, and video evidence may have been deleted.

The statute of limitations helps make this evidence more recent and relevant by spurring quick action. This benefits both parties, as it prevents an injured party from pursuing a case with no supportive evidence or an at-fault party from being found liable due to faulty or misremembered information.

Other Personal Injury Statutes of Limitations

Different states have unique statutes for personal injury claims, but each state may also have its own statute of limitations for different types of personal injury claims. In Louisiana, these unique statutes of limitations include:

• Wrongful death. Wrongful death actions can be filed within one year from the date of the individual’s death. These can be filed when the deceased individual would have been eligible to file a personal injury claim but did not survive the accident or the implications of their injuries. Although a wrongful death claim is a type of personal injury case, it still has a lower deadline than most other cases.
• Medical malpractice. Actions for the negligence and malpractice of a healthcare provider have a statute of limitations of one year. This countdown begins from the date you were injured. If you did not discover the injury immediately, then the statute of limitations countdown begins from the date you discovered the injury. However, even when this discovery extension applies, there is still an overall statute of limitations of three years.

It’s important to be aware of these and other potential limitations to your case. While many cases after the recent law change may have additional time to file their case, this does not apply to every case. It is important to begin filing a claim as soon as you can.

FAQs

Q: What Is the Statute of Limitations for Bodily Injury in Louisiana?

A: The bodily injury statute of limitations in Louisiana is the period of time that an injured individual has to file a claim against someone who has caused them harm due to negligence. This statute of limitations is typically two years but may have exceptions depending on your circumstances. It is important to take action quickly after suffering an injury that was another person’s fault to avoid missing the time limit and being barred from financial recovery.

Q: Is a Prescriptive Period for Personal Injury Different From a Statute of Limitations in Louisiana?

A: No, a prescriptive period is functionally the same as a statute of limitations in Louisiana. The prescriptive period is the legal term used in Louisiana, while it is called a statute of limitations in many other states. The time limit is also colloquially referred to as a statute of limitations in Louisiana, so the terms are used interchangeably.

Q: What Is the Average Personal Injury Settlement in Louisiana?

A: There is not an average settlement for a personal injury claim that would help you understand your own potential settlement in Louisiana. An attorney can review the specific facts of your case, including your damages and liability, to determine what compensation you are owed. Each settlement is unique, depending on how serious your injuries are, if the case goes to court, whether multiple parties are at fault, and many other factors.

Q: Can You Get Around the Statute of Limitations?

A: You may be able to get around the statute of limitations in very limited circumstances. The primary reason that the statute of limitations may not apply to your injury is if you were a minor when you were injured. The statute of limitations would begin on the day you turned 18 rather than the date the injury happened. If you do not file a case at this time, you will be barred from compensation.

Finding the Right Personal Injury Attorney in Louisiana

Filing a legal claim to compensate your losses is necessary when someone else has caused you injury, but it is also a complex process. The support of an experienced attorney can ensure you meet the right legal deadlines and can recover as much compensation as possible. Contact The Roach Law Firm today to learn how we can help.