The Statute of Limitations in Louisiana

According to Louisiana Civil Code Section 3492, the statute of limitations to file a personal injury lawsuit in Louisiana is within two years of the incident. Should you fail to file a personal injury lawsuit in Louisiana before the two-year mark is reached, you may be forfeiting your right to legal recourse. This is because the defendant would likely request for the court to dismiss your case, which they can legally do after the statute of limitations has passed.

Section 3492 also states that the statute of limitations law “does not run against minors or interdicts in actions involving permanent disability and brought pursuant to the Louisiana Products Liability Act or state law governing product liability actions in effect at the time of the injury or damage.” Essentially, these are rare exceptions for filing a personal injury lawsuit beyond the two-year deadline. These exceptions address minors under the age of 18 and claimants faced with defective products that do not identify the true cause of their injury in a timely manner.

Seeking Medical Attention Prior to Filing a Claim

Because you only have two years to file a claim following your accident or condition, you may need to quickly gather evidence. For instance, you may start by seeking medical treatment if you have not done so yet. In fact, the Centers for Disease Control and Prevention (CDC) reports that there are 29.4 million emergency department visits due to unintentional injuries in the United States each year.

If you have not visited a doctor or an emergency room yet for your injuries, it is critical that you do so as soon as possible—not just for your health, but to protect your opportunity for legal recourse for a personal injury claim. These types of lawsuits are built off the premise that you suffered a real injury. If you have no documentation from a medical provider that proves you suffered an injury, it may be difficult to build a successful case against the negligent party.

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Various Types of Personal Injury Cases

A Scott personal injury lawyer can potentially help you and your family with a variety of personal injury cases.

At Laborde Earles Injury Lawyers, our personal injury practice touches upon many different practice areas:

  • Car accidents
  • Truck accidents
  • Product liability
  • Defective devices
  • Pharmaceuticals & medical devices
  • Dangerous drugs
  • Mass torts
  • Toxic torts
  • Maritime injury
  • Dog bites
  • Premises liability
  • Slip and fall
  • Wrongful death

We are here to help. To schedule a free consultation, call Laborde Earles Injury Lawyers today.

Proving Negligence During Personal Injury Claims

During your personal injury case, you will have to prove that negligence was the root cause of your injury. According to the Legal Information Institute (LII), negligence is essentially a lack of reasonable care from the defendant compared to how an ordinary and prudent person would otherwise act with care. The American Bar Association describes the following example of negligence during a car accident personal injury claim:

“A driver has a duty to use reasonable care to avoid injuring anyone he or she meets on the road. If a driver fails to use reasonable care and as a result of that failure injures you, then the driver is responsible (liable) to you for those injuries.”

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I highly recommend Alexis Davis and this lawfirm. She is the true definition of professionalism, respect, understanding, patient, and many other things. Her detailed skills are very delightful. She goes out of her way to check on us, make sure we don't have any questions, and she is always on point. She moves very quick and always goes above and beyond for us to make sure we understand the process. I am so glad I ran into Laborde Earles and Alexis. Everyone will know about this company for sure and Alexis

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I had an amazing experience working with my paralegal, Wesley Guillory, at Laborde Earles Law Firm. Wesley went above and beyond for me throughout the entire process. He was always patient, knowledgeable, and quick to respond to any questions I had. What stood out most was how genuinely he cared. He made sure I understood every step and always made me feel supported and informed.

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Lafayette

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New Iberia

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Marksville

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Alexandria

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Call Laborde Earles Injury Lawyers Today

Whether you have been bitten by a dog, hurt in a car accident, or suffered injuries from a defective product, you have the right to pursue compensation for someone else’s negligence. Laborde Earles Injury Lawyers offers a free consultation to discuss your personal injury claim and your options for legal recourse. Our Scott personal injury lawyers can help you get the compensation you deserve. To learn more, call us today.

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