Louisiana Personal Injury Statute of Limitations

When you’re dealing with an injury and the mountain of bills that come with it, the last thing on your mind is filing a personal injury claim. You can always look into it tomorrow, next week, or next month, but you can’t put it off for long. The Louisiana personal injury statute of limitations gives you just two years to take legal action, or your chance to pursue compensation could disappear.

At The Lucky Law Firm, PLC, we know how fast time can slip away, and we’re here to help you understand your rights and what you need to do to protect them.

The Basics: Louisiana’s Two-Year Deadline

Louisiana’s statute of limitations for personal injury claims used to be just one year, but thanks to new legislation, it has been extended to two years, giving you more time to file a claim. Whether you’ve been in a car accident, slipped on a wet floor in a store, or suffered from medical malpractice, the clock starts ticking the second the incident happens.

It doesn’t matter if you’re dealing with doctors, rehabilitative therapy, or physical therapy. If you miss this deadline, you’re out of luck because the courts won’t hear your case. You lose the opportunity to seek compensation for medical bills, lost wages, and any other damages you could be entitled to.

Exceptions That Can Extend the Deadline

While the two-year limit can appear daunting, there are some exceptions. These exceptions don’t apply to every case, but when they do, they can extend your time to file.

• The Discovery Rule. Injuries aren’t always immediately obvious. For example, if you’re exposed to toxic chemicals, the health effects might not show up for months or years. In these cases, the statute of limitations begins on the date you discover—or should have reasonably discovered—the injury.
• Minors. If the injured person is a minor, the clock doesn’t start ticking until they turn 18; however, certain exceptions apply depending on the type of claim. For example, if a government agency is involved, the deadlines might be different.
• Wrongful Death Claims. For wrongful death cases, the two-year limit starts on the date of the victim’s death, not on the date of the accident that caused it. This gives families some time to grieve and prepare their case.
• Defendant Leaves Louisiana. If the person responsible for your injury leaves Louisiana before you file your claim, the statute of limitations might pause while they’re out of the state.

How To Protect Your Right to File a Claim

Recovering from a personal injury can feel overwhelming, but even as you focus on healing, there are proactive steps you can take to safeguard your right to pursue compensation. Taking these measures now can strengthen your case and ensure you don’t miss critical deadlines.

1. Contact an Attorney. If you can’t even think about what filing a claim might entail right now, a lawyer can handle the legal aspects of your case, from determining liability and gathering evidence to negotiating with insurers, allowing you to focus on your health.
2. Keep a Detailed Record of Your Recovery. Document your pain levels, medical treatments, and how the injury affects your daily life.
3. Follow All Medical Advice. Deviating from your treatment plan could harm both your recovery and your case. Insurance companies often look for gaps in medical care as an excuse to minimize or deny compensation.
4. Preserve Evidence. This includes photos of the scene of the accident, your injuries, damage to property, and any other relevant visuals. Keep copies of all medical bills, receipts for out-of-pocket expenses, and correspondence with your insurance company. These documents provide a clear paper trail of your losses.
5. Communicate Carefully With Insurance Companies. Avoid giving recorded statements or discussing the extent of your injuries without first consulting an attorney, as any misstep could jeopardize your claim.

FAQs

Q: What Should I Do if the at-Fault Party’s Insurance Company Contacts Me?

A: If the at-fault party’s insurer contacts you, avoid giving detailed statements or accepting a quick settlement, and politely refer them to your attorney. Insurance companies often seek to minimize payouts, so any statement you make could harm your case. Protect your rights by consulting with a legal professional before engaging with them.

Q: How Can Social Media Affect My Personal Injury Case?

A: Social media can significantly affect your personal injury case. Anything you post on social media can be used against you by the opposing party. For instance, photos or status updates that contradict your injury claims may undermine your case. For example, going out dancing while dealing with a back injury. It’s always a good idea to avoid posting about the accident or your recovery and adjust privacy settings to limit access to your account.

Q: What if I’m Injured in Louisiana but Live Out of State?

A: If you are injured in Louisiana but live out of state, you can still file a personal injury claim in Louisiana if the accident occurred there, no matter where you live. Louisiana law applies to incidents that happen within the borders of the state, so residency doesn’t matter. What does matter, however, is making sure that you consult with a Louisiana-based attorney. This can ensure compliance with parish and state-specific legal requirements that help protect your rights.

Q: Can I Recover Damages for Emotional Distress in Louisiana?

A: You can recover damages for emotional distress in Louisiana if it was caused by the accident. Emotional distress can include anxiety, depression, or trauma caused by the incident. With the help of an attorney, providing evidence, like medical records or testimony from a mental health professional, can strengthen your claim for this kind of non-economic damage.

Contact The Lucky Law Firm, PLC

The personal injury statute of limitations in Louisiana leaves no room for delay, and with only two years to file your claim, fast action is crucial. When tomorrow turns into next week, and next week turns into next month, it might be time to stop putting it off and just file the claim. The Lucky Law Firm, PLC, is ready to take your call.

Whether you’re dealing with medical bills, lost wages, or pain and suffering, don’t let your chance for justice slip away. Contact us today to schedule a consultation.