In a personal injury claim against a tortfeasor (at-fault party) in Louisiana, you generally have one (1) year from the date of the incident to either resolve your claim or file a lawsuit to preserve your case beyond that period. However, resolving your case and filing a lawsuit can be a complicated transaction requiring a professional’s assistance in order to make sure you are fully and competently protected.
This one-year period is standard in actions against at-fault motorists, merchants, premise owners, dog or cattle owners, and many other similarly situated persons. That being said, there are alternative timeframes within which a claim may be presented for differing types of insurance coverage. For instance, a motorist injured in an automobile collision may have a period of two (2) years from the date of the incident to present a claim or file a lawsuit and recover under a policy of uninsured/underinsured motorist insurance, which is carried by the injured claimant or on the occupied vehicle. Similarly, many policies which provide for Medical Payments Coverage allow for claims to be presented and paid within timeframes exceeding the general one-year statutory period, given that the treatment or injury occurred within that one-year timeframe.
Medical Malpractice claims in Louisiana, although following the same general statutory timeframes regarding instituting the action, require very specific procedural steps be taken within differing timeframes to properly preserve and present the claim. As such, medical malpractice can be a very time sensitive area of legal specialty for which a detailed consultation with an experienced attorney should be carefully considered. Similarly, actions involving the rights of minors may have extended time limitations provided by statute depending on the nature and cause of the action.
Whenever one is injured by another’s negligence in the State of Louisiana, the potential claimant must carefully consider the facts and circumstances surrounding the occurrence, and in most cases, consult with an attorney who can help decide which claims and corresponding time limitations may apply. The attorneys at Dudley DeBosier are skilled in handling many different types of injury claims and are available for a no-cost consultation at your convenience.
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