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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Bridgette is absolutely phenomenal! She's one of the most professional, knowledgeable, and dedicated paralegals I've ever had the pleasure of working ...

Bridgette is absolutely phenomenal! She's one of the most professional, knowledgeable, and dedicated paralegals I've ever had the pleasure of working with. Her attention to detail is unmatched.
She catches things most people would overlook, and she always makes sure every document is perfect before it leaves her hands.
Beyond her incredible skill set, Bridgette is also kind, reliable, and a true team player. She communicates clearly, stays organized under pressure, and goes above and beyond to make sure clients and attorneys alike feel supported.
You can tell she genuinely cares about her work and the people she helps.
If you're lucky enough to have Bridgette as your paralegal, you're in the best possible hands. Five stars isn't enough for someone this exceptional!

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Alexandria

At the very first meeting with Alexis and Danielle they took the time to explain everything to us so that we understood what we were going to go throu...

At the very first meeting with Alexis and Danielle they took the time to explain everything to us so that we understood what we were going to go through. They checked in on us to see how things were going with DR appointment and therapy. They checked in on the phone or by text and if I had a question and I was in Lafayette and I would stop by the office one of them would come to answer my questions. I truly appreciate the response and respect that they showed to me and my husband and I would really recommend them to family and friends.

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Hazel G.

Working with Laborde Earles Injury Lawyers was an incredible experience from beginning to end. Jeanne and Kaitlyn were absolutely amazing - profession...

Working with Laborde Earles Injury Lawyers was an incredible experience from beginning to end. Jeanne and Kaitlyn were absolutely amazing - professional and always on top of everything. They kept me informed throughout the entire process and made sure I understood every step along the way. My case was resolved better than expected. I can’t thank them enough.

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New Orleans

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anonymous

Car Accident

Toni is an absolute professional. She consistently goes above and beyond for her clients, ensuring every detail is handled with care and precision. He...

Toni is an absolute professional. She consistently goes above and beyond for her clients, ensuring every detail is handled with care and precision. Her communication is clear, and she truly cares about delivering results. I couldn’t recommend her more highly!

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Lake Charles

Mr. DC and Amber have always been available to answer my questions and concerns. I have never doubted that they were working on our side and have had ...

Mr. DC and Amber have always been available to answer my questions and concerns. I have never doubted that they were working on our side and have had our best interest and our well being as a priority. I would recommend them to friends and family. My case had some extenuating circumstances and they both worked diligently to help us. I am very thankful for their service and dedication to us.

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Michel Lanclos

New Orleans

Love Laborde Earle's. They're dependable lawyers that let you know you can trust them. I would specifically recommend Derek Hebert. He's a great attor...

Love Laborde Earle's. They're dependable lawyers that let you know you can trust them. I would specifically recommend Derek Hebert. He's a great attorney who is extremely knowledgeable and you'll never doubt that he'll get the job done!

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Kaitlin H.

Toni at LE is seriously so dedicated and a hard worker! LE is lucky to have this chick. She's so sweet but a little spicy (in a good, funny way!) whic...

Toni at LE is seriously so dedicated and a hard worker! LE is lucky to have this chick. She's so sweet but a little spicy (in a good, funny way!) which is always a breath of fresh air to be around someone who is genuine. She's a doll and anyone who comes into contact with her is a lucky one!

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Hannah Johnson

Baton Rouge

Renee McCaslin is incredibly knowledgeable, professional, and always goes above and beyond to make the legal process smooth and stress-free. I truly a...

Renee McCaslin is incredibly knowledgeable, professional, and always goes above and beyond to make the legal process smooth and stress-free. I truly appreciate her attention to detail and genuine care for her clients!

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Courtnie Heltz

New Orleans

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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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