Louisiana Personal Injury Statute of Limitations [2024 Updated]
For 31 years Murphy Law Firm's reputation and legacy of success was built on solid relationships.
A personal injury claim enables you to hold a party liable for medical costs, property damage, and other losses if they are found to be at fault for the accident and your injuries. Like any legal claim, there are important deadlines and requirements to be aware of. Keeping an eye on the Louisiana personal injury statute of limitations is crucial if you have been injured and are navigating the process of a claim.
A statute of limitations is a legal deadline. In civil claims court, the statute of limitations sets the deadline that the claimant must file their claim by. Personal injury claims have a statute of limitations; if an injured party does not file their claim in that time period, the court will bar their claim, and they will be unable to recover compensation for their injury.
What Is Louisiana’s Statute of Limitations for Personal Injury Claims?
Every state has its own statute of limitations, and many states have different deadlines depending on the type of claim being filed. The Louisiana statute of limitations for personal injury claims is one year from the date of the injury and accident. If you do not file with the court within that year, you lose the right to sue the party that injured you.
This deadline generally applies to civil claims, such as those involving:
What Is the Purpose of a Statute of Limitations?
The goal of the statute of limitations is to balance the need of an injured party to recover their losses with preventing an at-fault party from being permanently liable for an injury. It protects the party from an unfair claim filed many years after an incident occurred.
The statute of limitations encourages prompt filing by the injured party, which ensures that evidence is fresh and events are recent enough for eyewitnesses to recall. This benefits the injured party as well. Trying to file a personal injury claim without this evidence can be very difficult, and it can be unfair to the claimant and the defendant.
The Statute of Limitations Discovery Rule
There are some cases where the statute of limitations can be extended. One of these situations is when an injury does not immediately occur in the accident or develop immediately after. When this is the case, the one-year statute begins to run as soon as the injury does begin to develop. This gives an individual more time to file if they have a delayed developmental injury caused by another person’s negligence.
However, even this exception has limits. Even in the case of delayed developmental injuries, there is still an overall statute of limitations of three years by which to file. If you are unsure whether you qualify for this exception, it’s important to talk with an attorney.
Limitations for Personal Injuries Against Minors
If the injured party was a minor when the accident occurred, the statute of limitations does not run for them until they are of age or emancipated. Personal injury claims can be initiated by their legal guardian while they are a minor. If this doesn’t happen, then the injured party has one year from their 18th birthday or date of emancipation to file a personal injury claim.
Limitations for Crimes of Violence
When your losses were caused by intentionally inflicted criminal violence, you have additional time to file a personal injury claim. The statute of limitations for these cases is two years from the date when the injury or damage occurred.
FAQs
What Is the Statute of Limitations for Personal Injury in Louisiana?
The statute of limitations for a personal injury in Louisiana is the time limit that you have to file a personal injury claim. If you do not file by the set time limit, you will be unable to recover compensation for your damages. Although the limit may seem like plenty of time, it is crucial that you work with an attorney as soon as you are aware that you have a claim. This gives your attorney more time to investigate the accident and create a strong case.
What Are the Exceptions to the Personal Injury Statute of Limitations in Louisiana?
There are some exceptions to the personal injury statute of limitations in Louisiana, including:
- If the injury does not immediately occur at the time of the incident or develop right after, then the statute of limitations begins when the injury has started developing, with an overall limit from the date of the accident.
- The statute of limitations does not run against minors under the age of 18, so the time limit begins once the minor turns 18.
How Long Does It Take to Settle a Personal Injury Case in Louisiana?
The length of time it takes to settle a personal injury case in Louisiana varies significantly, depending on your unique case and how complex it is. There is no set amount of time a case will take.
A claim may be settled more quickly if:
- You work with an attorney.
- There is significant supportive evidence.
- The other party is willing to settle for a fair amount.
However, if fault is contested, you do not have an attorney investigating the accident, or the case proceeds to litigation, it will take much longer.
Can You Sue for Pain and Suffering in Louisiana?
Yes, you can sue for pain and suffering in Louisiana. When you have the grounds for a civil personal injury claim, you can recover any damages that you directly sustained from that injury.
Pain and suffering is a type of noneconomic damages which compensate an injured party for their emotional, physical, and psychological trauma. While these damages do not have a specific financial cost, they are still compensable damages. The value of noneconomic damages will generally be proportional to the severity of your economic damages.
Trust an Experienced Louisiana Personal Injury Attorney
When you have been injured because of another party’s carelessness or misconduct, it is not easy to deal with legal filing deadlines while determining the cost of your injuries. Let an experienced personal injury attorney handle your case. The team at Murphy Law Firm has 150 collective years of experience between our attorneys, and we want to help you secure compensation for your losses. Contact us today.
© 2024 Murphy Law Firm. All rights reserved.