The statute of limitations for car accident cases in Louisiana is one or two years, depending on when the incident occurred.
If you are the victim of a Louisiana automobile accident and someone else’s negligence caused it, you likely have a lot on your mind and may be unsure of what to do next. Contact a Lafayette personal injury lawyer today. They can help you understand the specifics, including how the statute of limitations has changed over the years.
Understanding Louisiana’s Statute of Limitations
Louisiana’s statute of limitations and prescriptive period are terms that refer to accident claim time limits. For many years, Louisiana’s prescriptive period for motor vehicle accidents was one year. This meant car accident victims—who are a type of personal injury incident—only had one year to file a claim.
This one-year statute of limitations began on the date of the collision. Unfortunately, one year is already a short time frame, but Louisiana’s one-year statute was difficult for those who did not know about the statute when the incident occurred.
As a result, not everyone had a sense of urgency following a collision because they didn’t realize they only had 12 months to pursue financial compensation.
What Is Louisiana’s Prescriptive Period for Car Accident Cases?
The good news is that auto accident cases in Louisiana are no longer held to the one-year prescriptive period. The one-year time limit only applies to personal injury accidents that occurred before July 1, 2024.
If the collision that caused your injuries took place on or after July 1, 2024, then a two–year statute of limitations might apply to your personal injury case instead. Even though this is twice as long as the original prescriptive period, two years can pass quickly.
By contacting our law firm, you can increase the chances of filing your car wreck claim on time. If you call us immediately after the crash takes place, we can take legal action fast and strengthen your claim with evidence gathered from the scene. Ultimately, the sooner you call us, the better.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientExceptions for Car Crash Cases in Louisiana
The day a personal injury incident occurs is not the only factor that may alter Louisiana’s statute of limitations for auto accident cases. The statute of limitations may be subject to exceptions that can extend this one-year deadline according to personal injury laws, giving you more time to hire personal injury attorneys.
For instance, if the victim of the incident is a minor at the time of the collision, the statute may be paused until they reach the age of 18. This allows them additional time to file their claim and pursue compensation. Another exception entails situations when the liable party either cannot be located or flees the state.
These circumstances can delay the start of the statute of limitations until the person is found. Additionally, cases involving fraud or the intentional concealment of facts by the defendant can also extend the filing period. Please note that these exceptions often require legal input as they are applied on a case–by–case basis.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientWhat is the Intent of Louisiana’s Prescriptive Period?
Louisiana’s statutes of limitations are intended to prevent old insurance claims from resurfacing and being brought to court after witnesses’ recollections or the nature of evidence have faded. By setting a time limit, the law encourages both parties to resolve disputes when the facts and details of the case are more easily accessible.
Additionally, statutes of limitations can help protect individuals and businesses from indefinite uncertainty. Otherwise, people might hesitate to move forward because the threat of an accident lawsuit could hang over their heads for years to come, resulting in constant stress.
A statute of limitations offers a structured timeframe that strikes a balance between the injured party’s need for justice and the defendant’s right to a timely resolution. More specifically, in the context of car accidents, the statute of limitations ensures that all personal injury cases are promptly addressed.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientHow to Negotiate With the At-Fault Party’s Insurance in a Car Accident Case
Negotiating with the at-fault party’s insurance company in a car collision case requires preparation and patience. However, it is highly advised that the injured party does not speak to the liable person’s lawyers or insurance providers on their own. Instead, reach out to legal counsel who can discuss matters on your behalf.
Hiring a lawyer is one of the first steps to take after a car accident in Lafayette or other parts of Louisiana. An experienced attorney will likely start legal proceedings by gathering documentation, which may include medical expenses, repair estimates, and accident reports as supporting evidence.
An accident lawyer understands the importance of remaining firm yet reasonable during the negotiation process. Insurance adjusters often aim to minimize the total value of injured party payouts. Still, an accident attorney knows what to expect, and they can advocate for your right to fair compensation.
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.
ClientHow to Prove Fault in a Louisiana Car Collision Case
Proving fault in a car accident case is part of the legal process. While building a case and filing accident claims on your behalf, a skilled attorney’s goal is to secure fair compensation for you.
Your lawyer can open an investigation and search for crucial evidence to prove that the at-fault driver’s delictual actions caused harm to the injured person. An experienced car accident attorney can request police reports, eyewitness testimonies, traffic camera footage, and expert analysis.
In Louisiana, the state adheres to a comparative fault system, meaning even if you share a percentage of the blame, you can still recover damages. However, your compensation may be reduced by your degree of fault. For example, if you’re found to be 20% at fault, your damages might be reduced by 20%.
Contact a Personal Injury Lawyer to Build Your Personal Injury Case
When filing an accident claim, one of the most important steps of the process is adhering to the statute of limitations. If you try to file after the prescriptive period has transpired, then you have missed the filing deadline, and you may no longer be eligible for compensation as a result.
At Laborde Earles, we can help prevent you from failing to meet important deadlines, namely the statute of limitations for your case. We understand how important the statute of limitations is, and we know firsthand how it can affect your ability to pursue compensation.
To learn how our lawyers can file a personal injury claim and start legal proceedings on your behalf, schedule a no-obligation consultation today at no cost to you. We look forward to discussing the specifics of your case.
