Statute of Limitations in Louisiana & Filing a Personal Injury Lawsuit

August 17, 2020 | Personal Injury

In Louisiana, you only have one year to file a personal injury claim. However, there are exceptions. This is why it is critical that you contact the Baton Rouge personal injury attorneys at Tomeny |Best Injury Lawyers as soon as possible following an accident.

When you call on us to discuss your personal injury case, you can rest assured that we will handle it with diligence and care. Our highly skilled lawyers will do everything they can to pursue the compensation you deserve for your injuries.

If you have suffered an injury due to an accident that was someone else’s fault in Baton Rouge, call Tomeny |Best Injury Lawyers today. Our Baton Rouge personal injury lawyers work on a contingency-fee-basis, which means that you won’t owe us any fees unless and until we secure compensation for you.

What Is the Louisiana Statute of Limitations for Personal Injury?

In Louisiana, if you were injured due to someone’s negligence, you may file a personal injury claim seeking compensation. However, you only have one year to file a claim under the state’s statute of limitations. The Louisiana statute of limitations allows a maximum of one year from the day the injury occurred to file a personal injury lawsuit.

If you find out about your injuries later, the one-year statute of limitations may not start until the injuries are first discovered or reasonably should have been discovered. If a wrongful death was caused by a liable party, the one-year statute of limitations’ deadline does not begin until the actual day of the victim’s death, which could occur days, weeks, or longer after the accident.

Exceptions to the Statute of Limitations in Louisiana

The following are exceptions to Louisiana’s one-year statute of limitations:

Exceptions for Cases Involving Minors

When a child is injured in an accident in Louisiana, the statute of limitations does not begin until the child turns 18. The claim can be filed until one year after the minor’s 18th birthday, regardless of how old they were at the time of the accident.

Exceptions for the Discovery Rule

If the accident was the result of a defective product, such as a malfunctioning automotive part, the statute of limitations clock does not start ticking until it is determined that the information regarding the actual cause of the injury should be reasonably discoverable.

This discovery rule applies in cases where an individual does not know an injury-causing event has happened. For instance, someone who suffers lung damage from exposure to a toxic airborne chemical may not immediately know that they have been exposed to a hazardous substance.

In this case, the statute of limitations does not begin until the cause of the individual’s injuries has been established or reasonably should have been established.

Exceptions for Cases Involving Multiple Liable Parties

Personal injury claims that involve more than one at-fault party can create another exception. If a claim involves multiple liable parties, you must sue one party within the one-year statute of limitations. However, you may be able file to add the second party after the one-year deadline if it is deemed that both parties are liable together.

What If You Miss the Personal Injury Claim Filing Deadline?

If the deadline has passed, but you try to bring your personal injury lawsuit to court anyway, the defendant will most likely ask the court to dismiss your case. Unless one of the rare exceptions gives you more time, the court will almost certainly grant the dismissal. This means you will be forever barred from bringing your claim.

While the statute of limitations is critical if you want to take your personal injury case to court by way of a formal lawsuit, the filing deadline is also important to your position in settlement negotiations with the defendant and their insurance company. One year can pass quickly, and if you have allowed the deadline to go by without getting your lawsuit filed, you will have lost your negotiating leverage.

Why You Should Contact an Injury Attorney Now

If you have been the victim of a personal injury accident in Baton Rouge, you need to consult with an experienced Louisiana personal injury attorney as soon as possible. A lawyer will ensure you meet all deadlines and file your claim before the statute of limitations expires.

Personal injuries are often stressful and physically, emotionally, and financially draining. Allow the experienced Baton Rouge personal injury lawyers at Tomeny | Best Injury Lawyers to lift the burden off your shoulders by handling every aspect of your claim. Our highly skilled and compassionate attorneys can level the playing field with the insurance companies by negotiating for a full and fair settlement that covers all your past, present, and future expenses.

Filing a Louisiana personal injury lawsuit requires much legal skill, knowledge, and training. Depending on the circumstances of your personal injury case, you may need to sift through countless documents, call upon witnesses, and provide evidence in court to secure a favorable outcome. Complicated Louisiana laws and procedures must be followed when carrying out legal tasks like presenting your case and filing motions.

When you have Tomeny | Best Injury Lawyers on your side, you will be better positioned to seek the maximum compensation available than if you were to represent yourself.

How a Personal Injury Attorney from Tomeny | Best Injury Lawyers Can Help

At Tomeny | Best Injury Lawyers, we treat all our Baton Rouge personal injury clients with a high level of care and concern. When you hire us to handle your case, you will benefit from the assistance of a skilled and knowledgeable attorney who is committed to seeking the best possible outcome in your case.

Our firm has obtained millions of dollars in compensation for personal injury victims throughout Louisiana. We want to put our experience to work for you.

Allow us to pursue the compensation you need to cover your medical expenses, lost income due to missed work, pain and suffering, and other damages. To schedule a free and confidential consultation, call us today.

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