What Are Louisiana’s Statute of Limitations Laws When Filing A Car Accident Claim?
After you were injured and your vehicle was damaged in a Louisiana car accident caused by a negligent or reckless driver, you may be wondering: How long do I have to file a personal injury lawsuit? In Louisiana, you only have one year to file a claim under the state’s statute of limitations law. The Louisiana statute of limitations, Civil Code Article 3492, paraphrased, allows a maximum of one year from the day injury or damage happened to file a claim or pursue a personal injury lawsuit. If the injuries, or their full extent, are discovered later, the one-year statute of limitations begins when the injuries are discovered.
Car Accident Statute of Limitations Exceptions
Though the Louisiana personal injury or property damage statute of limitations limit is inflexible if the average person misses its deadline, some exceptions can be made to the one-year claim reporting. For instance, the one-year limit may be exceeded if the damaged party is a minor, mentally ill or otherwise incompetent, is incarcerated within the year following the accident, or lives out of state. In the case of a minor whose parents did not file on their behalf, the minor can file a lawsuit within one year after their 18th birthday. If a personal injury attorney won’t take your case in Louisiana due to an expired statute of limitations but you meet these exceptions, you may still have a valid claim.
When the at-fault party is a public entity or government agency, a different type of claim must be filed, possibly within a shorter period than a typical complaint.
Wrongful Death Statute of Limitations
In the event of a wrongful death caused by an at-fault driver, the one-year statute of limitations’ deadline doesn’t begin until the actual day of the victim’s death, which may occur after the accident.
What if You Filed A Claim On-time, But It Was Denied?
So, you filed your claim on time, but it was denied. What now? In Louisiana, you have 15 days to appeal the denial. But the appeal process is complicated and must be done correctly, or you may still miss your chance for monetary compensation.
Gordon & Gordon Louisiana Car Accident Attorneys Know the Complex Statute of Limitations Laws
Because understanding the limitations for filing claims under Louisiana’s complex and confusing statute of limitations laws is challenging for the average citizen, hiring an experienced car accident attorney who knows how to handle your claim in a timely manner and guide you through the process is important.
Acting quickly is imperative. If you delay and miss the statute of limitations deadline, you will lose the opportunity to ever collect any monetary settlement. And once the claim is filed, then begins the arduous and complex process of winning your fair, rightful financial compensation.
Gordon & Gordon Shreveport, Bossier City, and Mansfield Experienced Car Accident Attorneys Can Help Protect Your Rights Before It’s Too Late
To speak personally with a Gordon & Gordon experienced and knowledgeable car accident attorney and personal injury attorney in our Shreveport, Bossier City, or Mansfield office, contact us today. For the quickest response, call 24/7 at 318.716.HELP (318.716.4357) or tell us your story on our contact form.