The statute of limitations for a car accident case in Louisiana is one year from the date on which your crash occurred. When you have suffered injuries in a car accident, you may have a legal right to claim compensation for those losses. However, you must file the claim before the statute of limitations expires. If you don’t, you may lose your right to get compensation for your injuries.
Laborde Earles understands the time-sensitive nature of personal injury cases. Our Lafayette car accident lawyers will treat your case with urgency. The sooner you hire us, the more time we will have to work on your case and fight for fair compensation. Call us today for a free case evaluation.
Understanding Louisiana’s Statute of Limitations for Car Accident Cases
All states place time limits on your right to file a lawsuit for damages after a motor vehicle accident. These statutes of limitations vary considerably by state law and the type of lawsuit involved.
CC Art. 3492 establishes a one-year general time limit for filing a court case in Louisiana seeking compensation after an accident in which you have suffered injuries. This law gives you only one year from the date of your accident to take legal action in court.
If you fail to file a personal injury lawsuit within the one-year statute of limitations, you could lose your ability to get any damages from those responsible for causing your collision. This means that you might not be able to recover your medical expenses, lost wages, and other damages.
By contacting our personal injury lawyers in Lafayette, you increase the chances of filing a valid claim on time. If you call us immediately after the crash, we can have access to fresh evidence, which can strengthen your claim. In time, physical evidence can get damaged or lost, and witnesses’ memories could fade.
Wrongful Death Actions Have a One-Year Filing Deadline
In the case of fatal car accidents, the statute of limitations is also one year. Under CC Art. 2315.2, the surviving family members of the deceased have only one year from the date of their passing to file a wrongful death action in court. Failure to file a wrongful death action within this timeframe can result in an inability to hold the at-fault parties accountable for the car accident.
If you recently lost a loved one in a deadly crash, please accept our deepest condolences. We understand that coping with the aftermath of such a tragic event is an immensely challenging and emotional experience. Our Lafayette wrongful death lawyers will help you hold the at-fault party accountable.
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 to the Statute of Limitations for Car Accident Cases in Louisiana
Although the statute of limitations for car accident cases in Louisiana is generally one year, there are some exceptions to that rule. First, if a minor under the age of 18 is injured in a car accident, the one-year statute of limitations does not begin to run until the date on which the injured party turns 18. This exception applies no matter how old the child is at the time of the accident.
Another common exception to the deadline may apply when multiple cars are involved in an accident. In this case, extensive investigation may be necessary to determine who is at fault for your injuries.
Although you must still file your lawsuit against at least one liable party within the statute of limitations, you may be able to add additional parties to your suit after the deadline has expired if they are also liable for causing your injuries. An experienced personal injury attorney will help you identify all the responsible parties.
Mechanical Failure Can Also Affect a Case’s Filing Deadline
Finally, in some cases, a car accident might occur due to a defective auto part or mechanical failure. Again, it could take more than one year to determine the true cause of an accident. Under the discovery rule, the one-year statute of limitations does not begin to run until the true cause of the accident is reasonably available to you.
After reviewing your case, our experienced car accident attorneys will explain in more detail how the discovery rule applies to your situation and determine exactly how long you have to take legal action.
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 | ClientThe Reasons Behind the Statutes of Limitations
Statutes of limitations exist so that you cannot indefinitely sue someone for injuries they may have caused. If you are injured in an auto accident, you have a duty to promptly seek compensation or file a lawsuit against those parties who have caused your injuries. Likewise, someone who causes injuries to others in a car accident has the right to know for certain if they are going to potentially owe money in a lawsuit.
As a practical matter, lawsuits can be much harder to pursue if you wait until years after an accident has occurred to seek compensation. Many situations can cause additional challenges in proving liability. For instance, evidence may become lost, injuries can heal, memories may fade, and witnesses may move away and become unreachable.
The inability to determine who caused an accident can also lead to public mistrust in the judicial system. If parties who were injured in a car accident lose their case due to problems caused by the passage of time, the public might feel as if they were cheated out of fair compensation. Likewise, if the injured party gets a large verdict many years after an accident has occurred, the public may see it as unfair.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientDealing With Insurance Companies
It is important to specify that the statute of limitations applies to lawsuits, and different rules apply to insurance claims. You should consult an experienced attorney to review all your options for financial compensation and choose the best path for you.
Also, the standard one-year deadline might seem like plenty of time, but you could encounter roadblocks. Gathering evidence and tracking down witnesses could take a long time. In addition, you might need to deal with claim adjusters, which can be remarkably time-consuming.
As your personal injury attorneys, we will represent your interest before insurance companies and the opposing party. We will help you recover medical expenses, property damage, and other losses.
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.
ClientCall Us for a Free Evaluation of Your Car Accident Case
The statute of limitations is one of many potentially crucial deadlines in a personal injury case. As a result, clearly understanding the statute of limitations for a car accident case in Louisiana can be essential to recovering medical expenses, pain and suffering, and other damages from the liable parties.
Contact Laborde Earles today to learn all you need to know about the statute of limitations in Louisiana and how it affects you pursuing an auto accident case. Our experienced car accident attorneys can explain state laws and answer any other questions you have during a free, no-obligation consultation.