Louisiana Injury Lawyers Blog
Filing a personal injury lawsuit can be difficult, and there are many complex details you need to be aware of. One big thing to keep in mind is the recent changes to the Louisiana personal injury statute of limitations. These changes have greatly impacted how long you have to file a claim.
If you don’t act within a specific legal timeframe, you may lose the opportunity to file a personal injury lawsuit. Keep reading to learn more about Louisiana’s personal injury statute of limitations, the deadlines, exceptions, and how a New Orleans personal injury lawyer can help protect your rights.
What Does Statute of Limitations Mean?
The legal deadline that determines how long a person has to file a lawsuit is called the prescriptive period or statute of limitations. For cases in the Bayou state, the timeline will be dictated by the Louisiana statute of limitations. Personal injury cases have a limited time frame in which you can take legal action, or else you may lose your right to seek compensation. Each state has its own statute of limitations, and in Louisiana, recent changes have affected the deadlines for personal injury cases.
What Is the Statute of Limitations for Personal Injury in Louisiana?
As of July 1, 2024, the statute of limitations for most personal injury cases in Louisiana is two years from the date of the injury. This means that people who suffer injuries due to car accidents, slip and fall incidents, or other acts of negligence generally have two years to file a Louisiana personal injury lawsuit. However, it’s important to note that there are circumstances in which you may have more or less time to file a lawsuit. You can keep reading to get more information and contact a personal injury lawyer to get clarity on your case timeline.
Exceptions to the Two-Year Rule
While most Louisiana personal injury cases will have a two-year statute of limitations, there are certain types of cases that have different time limits. You may have more or less than two years to file a lawsuit if your case falls into one of these categories:
- Wrongful Death Claims– The statute of limitations for wrongful death lawsuits is still one year from the date of death. This means that family members who wish to seek compensation for the loss of a loved one must act quickly.
- Medical Malpractice Cases– These claims must also be filed within one year from the date of the injury or from when the injury was discovered, but no later than three years from the date of the alleged malpractice. This is known as the “statute of repose,” which prevents claims from being filed indefinitely.
- Violent Crimes– Different deadlines may apply if you got your injury from an act of violence like assault, battery, or sexual abuse. In some cases, victims may have more time to file, especially if the victim was a minor at the time of the incident or if new evidence emerges.
In addition to the types of offenses and harm that may carry different time limits, there are also special rules for certain types of victims and cases. Some of these exceptions included in Louisiana law are:
- Minors– If the injured party is under 18 years old, the statute of limitations may be delayed until they reach adulthood. This means they could have until their 20th birthday to file a claim, allowing them to take legal action even years after the injury occurred.
- The Discovery Rule– In some cases, an injury may not be immediately evident. Under the “discovery rule,” the statute of limitations begins when the injured person knew or should have known about the injury rather than when the injury occurred. This particular rule is important in cases involving toxic exposure, medical malpractice, or delayed-onset injuries.
- Defendant Absence– If the person responsible for your injury leaves the state of Louisiana for a long period, the statute of limitations may be paused until they return. This prevents defendants from avoiding liability by simply moving away.
- Permanent Disability – There is an exception to the two-year limit for legal actions involving permanent disability when brought under the Louisiana Products Liability Act. You should contact a product liability attorney for more information.
If you feel your case falls under one of these exceptions, it’s important to speak with an attorney as soon as possible. Personal injury cases can be complicated, but consulting a Louisiana personal injury lawyer can help you determine exactly how long you have to file and ensure you meet all legal deadlines.
How Does the Change in Louisiana’s Statute of Limitations Affect My Case?
If your injury occurred before July 1, 2024, the old one-year statute of limitations still applies. This means that if your accident occurred before this date, you must file your lawsuit within one year of the injury date. However, if your injury occurred on or after July 1, 2024, you will have two years to file your claim under the new law.
This change benefits accident victims by allowing them more time to seek medical treatment, gather evidence, and negotiate with insurance companies before filing a lawsuit. However, it is still a good idea to begin the legal process as soon as possible to avoid issues.
If you’re not sure about how the Louisiana statute of limitations for personal injury affects your specific case, consulting with a personal injury attorney can help clarify your options.
How Do I Know If I Have a Strong Personal Injury Case?
To have a strong personal injury claim, your lawyer must be able to prove four key elements. These elements include:
- A. Duty of Care– The responsible party must have had a legal obligation to act safely and avoid causing harm. For example, commercial property owners must maintain a safe premises, and drivers must obey traffic laws.
- B. Breach of Duty– Your lawyer must show that the defendant failed to meet their duty of care. This act could be due to negligence, such as distracted driving, or due to reckless or malicious behavior.
- C. Causation– Your lawyer must demonstrate that the defendant’s breach in duty of care directly caused your injuries. This means proving that, if not for their action or negligence, you would not have been injured.
- D. Damages– Finally, your lawyer must prove that you suffered actual harm, such as lost wages, medical expenses, pain and suffering, or property damage.
If your lawyer can establish these four elements, you likely have a strong case. To learn whether these elements are present in your case, it’s a good idea to seek help from a legal professional.
Do I Need a Personal Injury Lawyer for My Case?
Although hiring a lawyer is not legally required, having an attorney can highly benefit your case. A personal injury lawyer can:
- Assess the strength of your case and determine the right legal strategy to use
- Handle negotiations with insurance companies to seek fair compensation
- Gather necessary evidence, such as surveillance footage, medical records, and witness statements, to support your claim
- Ensure you meet all filing deadlines and legal requirements
- Represent you in court if negotiations fail and your case proceeds to trial
If your injuries are severe, your liability is disputed, or your medical bills are high, working with a lawyer can increase your chances of securing fair compensation. Keep in mind that the cost of your injury might build over time, and an attorney can help you get coverage for future medical expenses.
Protect Your Right to Compensation With Legal Guidance From Cardone Law Firm.
Partnering with an experienced personal injury attorney is the support you need when it comes to securing the compensation you deserve. The right legal guidance ensures your rights are protected and full compensation is secured. You’re not alone. Cardone Law Firm is here to help.
Contact a trusted New Orleans personal injury lawyer at Cardone Law Firm today to get a free consultation and discuss the first step toward recovering the compensation you need.