What Are the Time Limits to File an Injury Lawsuit?

September 5th, 2018

If someone else’s negligence caused injury to you or someone you love, you can file a lawsuit to recover damages for medical bills, lost wages, and pain and suffering.

However, it’s important to note that you and your lawyer don’t have an indefinite time period to initiate the lawsuit. All jurisdictions, including Louisiana, have a “statute of limitations”—or time limit—that dictates how long victims have to file personal injury claims.

The statute of limitations for most accident and injury cases in Louisiana is one year from the date of the accident or injury occurring. That’s shorter than many other states, which may give victims two or more years to file a lawsuit.

Statutes of Limitations for Common Damages Claims

The one-year statute of limitations is true for almost all injury claims in Louisiana. It applies to all personal injury claims, including car accident claims. It also applies to wrongful death claims and medical malpractice claims.

However, because medical malpractice isn’t always obvious or noticed by victims until a significant amount of time has passed, victims can file claims up to three years after the malpractice took place—but the claims still must be filed within one year of victims discovering malpractice.

Another exception exists for injury cases involving victims under the age of 18 who were hurt by defective or dangerous products. Minors and their parents aren’t bound to the statute of limitations for filing claims for the injuries they suffered in those cases.

As you can see, understanding the statute of limitations for personal injury claims and its exceptions can be complex and confusing. If you have questions about your rights after an injury, we’re ready to help you 24 hours a day, 7 days a week. Call (866) 897-8495 to get started now.

365 Days Go Fast. Call Us Today.

Don’t jeopardize your claim by waiting too long to get compensation. A calendar year can pass in the blink of an eye, and with it goes your chances of getting the money you deserve. Contact our Louisiana injury attorneys to get the help you deserve.