Louisiana Car Accident Statute of Limitations 2025

After a car collision, injured parties are able to file claims with the at-fault driver’s insurance. It’s important to be aware of the civil statute of limitations that can affect the process of recovering compensation.

The Louisiana car accident statute of limitations is two years from the date the accident occurs. While this may seem like a lot of time, you should never wait this long. Insurance claims must be filed almost immediately and take time to investigate, prove, and negotiate.

If a fair settlement cannot be reached, then the claim must proceed to court prior to the statute of limitations expiring. If you miss this deadline, you will be unable to financially recover from the accident through a claim. An attorney can help review what other limitations may apply to your case. A skilled car accident lawyer can assist you in navigating these deadlines and ensure your claim is properly filed, helping to secure the compensation you deserve for your injuries.

What Is the Statute of Limitations for Car Accidents?

The two-year statute of limitations for car accidents is the amount of time you have to file a civil personal injury claim when someone else’s negligence is the cause of your injuries in a car accident. This countdown begins from the date the accident occurred. Understanding the statute of limitations is crucial, as missing this deadline can bar you from pursuing compensation for your injuries. Additionally, reviewing Louisiana car accident statistics can provide valuable insight into the common causes of accidents in the state and help strengthen your case.

If your accident occurred prior to July 1, 2024, then you only have one year from the date the accident occurred. Accidents after this date are subject to the two-year time limit.

In either case, it is important that you act quickly after an accident. If you do not file your civil claim in this time period, you lose the ability to recover compensation through the court. Without the ability to file in court, the insurer will have no incentive to continue negotiations if you have not already reached a settlement. This is why it is crucial to be aware of these deadlines. Understanding the car accident settlement timeline and process can help you navigate this challenging situation. Typically, the process involves gathering evidence, negotiating with insurance companies, and, if necessary, taking the case to court. Knowing these steps can ensure that you are on track to secure the compensation you deserve.

An attorney can help you stay on top of these deadlines. Many tasks must be completed within this time period, including investigating the cause of the car accident, determining who was at fault, and negotiating with the relevant insurer. The sooner you work with an attorney, the stronger your claim may be.

Why Is There a Statute of Limitations?

There are several reasons why civil claims like car insurance claims have a statute of limitations. Primarily, it ensures that all claims are handled efficiently and promptly with the following protections:

• It prevents the at-fault party from being liable for an accident for the rest of their life
• It can prevent evidence from being lost or discarded
• It helps keep evidence like eyewitness testimony fresh and accurate

The intention of a statute of limitations is to balance the right of the at-fault party to an efficient case resolution with the right of the injured party to recover compensation for their losses.

What Are the Exceptions to the Statute of Limitations?

The statute of limitations has certain exceptions where the countdown is not the same and may be longer. This includes claims involving all of the following elements:

1. Injuries that result in permanent disability;
2. Defendants that are either minors or are incapable of handling their own affairs; and
3. Claims related to product liability.

Car accidents may be product liability claims if the accident was caused by a dangerous or defective car part.

There may be other exceptions, such as the fact that the statute of limitations does not run against minors or if you do not immediately discover your injury after the accident. Attorney guidance is crucial to determine if there are exceptions to the deadline in your unique case. Understanding the reasons to hire a car accident lawyer in Louisiana can also ensure that you have the necessary legal support to navigate the claims process, negotiate with insurance companies, and ensure you meet all important deadlines. A skilled lawyer can help maximize your compensation and protect your legal rights.

FAQs

How Long After a Car Accident Can You File a Claim in Louisiana?

After a car accident, you have a time limit of two years to file a civil claim in Louisiana. However, insurance claims should be filed more quickly than this. Insurers have different requirements for when you have to file a claim, typically as soon as possible.

Be aware of both deadlines. Filing an insurance claim enables negotiations to begin. If negotiations have not concluded by the civil filing deadline, the case may need to be filed with the court.

How Long After a Car Accident Can You Claim Injury?

For most claims, you must report an injury immediately after a car accident. You should receive medical care after a collision, both for a potential claim and for your own physical health.

If your injury is not noted by medical professionals and symptoms manifest later, get additional medical care as soon as possible. If you cannot prove a clear link from the accident to the injury, an insurer may claim you got the injury from an unrelated event.

Do Auto Accidents Remain on Your Record in Louisiana?

Your Louisiana auto accident may stay on your record for some time after it occurs, depending on the policies of your insurance provider and your local laws. If you were at fault for an accident, then your insurer is likely to increase rates for some time afterward, depending on their policy. If you were not at fault for an accident, your insurer cannot increase your rates.

What Are the Exceptions to the Statute of Limitations in Louisiana?

There are some exceptions to the statute of limitations in Louisiana that enable individuals to file past the deadline, although they are rare. The main exceptions are:

1. If an injury takes time to develop and present symptoms, the statute of limitations begins when you are aware of the injury or should have been aware
2. You were under the age of 18 when you were injured, so the statute of limitations only begins to count down when you turn 18

Contact Murphy Law Firm to Get Help with Your Car Accident Case

There are many legal requirements and deadlines to keep track of after a car crash. While this can be overwhelming in any situation, it is especially stressful when you are dealing with an injury. Having the right attorney by your side can ease this stress.

The team at Murphy Law Firm has worked with personal injury law in Louisiana for decades. We want to help you get the financial recovery you are owed. Contact our team as soon as possible after an accident for thoughtful, thorough assistance navigating the claims process.