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Louisiana Sets New Two-Year Statute of Limitations for Tort Claims

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On This Page
  1. What Is a Statute of Limitations?
  2. How did Louisiana's Statute of Limitations for Tort Claims Change?
  3. Reasons Why Louisiana Changed Its Statute of Limitations for Tort Claims
  4. Compensation You Can Receive from a Tort Claim in Louisiana
  5. Learn More About the Statute of Limitations and How a Lawyer Can Help
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Posted on: September 11, 2024

Louisiana Sets New Two-Year Statute of Limitations for Tort Claims

Now that Louisiana has set a new two-year statute of limitations on tort claims, injury victims will have more time to take legal action for their suffering and financial losses. If you’ve been hurt in a car accident, slip and fall, or another incident caused by the carelessness of another party, a personal injury lawyer from Lafayette can help.

A skilled attorney can investigate your accident, gather evidence for your case, and ensure your lawsuit is filed before the two-year deadline. With their help, you’ll have an excellent chance at getting the compensation you need to pay medical bills, replace lost wages, and cope with pain. 

What Is a Statute of Limitations?

If you’ve never filed a personal injury claim before, you might be unfamiliar with the term statute of limitations. A statute of limitations is basically the amount of time you have to file a civil suit against the individual who caused your accident and injuries.

In the case of Louisiana’s new two-year statute of limitations for tort claims, you’ll have two years from the date of the accident to file a civil suit. If you fail to comply with the filing deadline set forth by the statute, you’ll likely be barred from pursuing non-economic and economic damages any further.

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How did Louisiana’s Statute of Limitations for Tort Claims Change?

For many years, injury victims in Louisiana only had one year to seek damages from the at-fault party in court. As you might imagine, this led to a lot of missed opportunities for compensation for individuals who weren’t able to file a suit in time. 

Now, with the passing of HB 315, Act 423, injury victims have twice the amount of time. While victims of car accidents, dog attacks, slip and falls, and other personal injury incidents have some extra time to take legal action, it’s important to note that this extension of the filing deadline doesn’t apply to all cases. 

For example, those who are filing product liability claims for an injury caused by a product still have a one-year statute of limitations. An attorney can meet with you for a free consultation to determine how long you have to file a lawsuit for your injuries and losses.

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Rick Smith | Client
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Reasons Why Louisiana Changed Its Statute of Limitations for Tort Claims

There are several reasons why Louisiana has set a new two-year statute of limitations for tort claims. The state has decided to extend the statute of limitations to give injury victims dealing with the following issues more time to get the compensation they deserve:

Complicated Cases

When a complicated car accident involves multiple parties, and a large amount of evidence to review, filing a lawsuit can take a considerable amount of time. In the past, Louisiana’s one-year statute of limitations added a great deal of stress to the lives of injury victims dealing with complex investigations.

Undiscovered Injuries

Some accident-related injuries aren’t discovered until weeks or months after the initial incident. Individuals who discover their injuries later on often need more than one year to file a lawsuit for compensation.

Louisiana’s two-year statute of limitations for tort claims gives these individuals the time they need to seek medical care and take legal action.

Severe Injuries

If you’ve suffered injuries in a car wreck that require extensive physical therapy and medical  treatment, it may take longer for your attorney to gather all the evidence they need to pursue compensation on your behalf. 

Fortunately, the state’s new filing deadline will allow your attorney to collect all the medical records, bills, and other documents they need to obtain maximum compensation on your behalf. 

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The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.

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Compensation You Can Receive from a Tort Claim in Louisiana

Understanding Louisiana’s new statute of limitations for tort claims is critical if you want to get the damages you need to overcome financial setbacks and move forward after an accident. If successful, your suit could yield any of the following forms of compensation:

  • Medical bills
  • Future medical care expenses
  • Lost wages
  • Decreased earning ability
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life

These damages can help you afford quality medical treatment, allow you to support yourself while you recuperate from your injury, and help you cope with struggles like pain and emotional suffering. That said, you won’t be able to benefit from them if you miss the state’s filing deadline.

Although the statute of limitations has been extended, you should still take swift legal action after an accident. Delaying your case could stop you from getting your suit filed on time, leaving you without the financial support you need to get back on your feet. 

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They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.

Client
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Learn More About the Statute of Limitations and How a Lawyer Can Help

Now that Louisiana has set a new two-year statute of limitations for tort claims, you have the time you need to gather evidence for your claim and take legal action against the liable party. That said, seeking compensation can be incredibly difficult without the assistance of an experienced attorney.

At Laborde Earles, we have over 350 years of combined personal injury experience. Our lawyers have won over $1 billion for accident victims, and we aren’t afraid to pursue comprehensive compensation for your injuries and losses as well. Contact us today to schedule a free consultation and get started on your case.

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