What Is the Personal Injury Statute of Limitations in Louisiana?

In Louisiana, the statute of limitations for personal injury cases changed recently. For personal injury claims regarding accidents that occurred before July 1, 2024, the prescriptive period is still one year from the date of the injury or incident.

However, people who sustained injuries from personal injury accidents that transpired on July 1, 2024, or later are subject to a two–year statute of limitations. This means that you have two years from the date you were injured to file a lawsuit against the responsible party.

If you’ve been injured due to someone else’s negligence in Louisiana, it’s crucial to contact an Alexandria personal injury lawyer before the statute of limitations expires. A statute of limitations is a law that sets a strict time limit on your right to file a lawsuit. 

If you fail to file your lawsuit within one or two years—depending on which timeline applies to your case—you may lose your right to seek compensation for your injuries and damages. Getting a settlement will also be far more difficult. You may end up with nothing, even if the other party is at fault for your injuries.

Why do Statutes of Limitations Exist?

Statutes of limitations serve several important purposes in the legal system:

• Preservation of Evidence: Over time, evidence can be lost, memories can fade, and witnesses can become unavailable. Statutes of limitations encourage plaintiffs to file lawsuits while evidence is still fresh and available, which helps ensure a fair trial for all parties involved.
• Prevention of Indefinite Liability: Without a statute of limitations, potential defendants would face the constant threat of a lawsuit, even years or decades after an alleged incident. Statutes of limitations provide a sense of finality and certainty, allowing people and businesses to move forward without the indefinite fear of legal action.
• Judicial Efficiency: Statutes of limitations help prevent courts from being overburdened with old, stale claims that may be difficult or impossible to litigate effectively. By setting a time limit on legal actions, statutes of limitations help ensure that the legal system can operate efficiently and focus on more recent, pressing matters.

While statutes of limitations serve important purposes, they can also create harsh consequences for injured parties who fail to take timely legal action. That’s why it’s crucial to consult with an experienced personal injury lawyer as soon as possible after you’re hurt to ensure your rights are protected.

What If the Statute of Limitations Has Passed?

If the statute of limitations has passed on your personal injury claim, you may be barred from filing a lawsuit and seeking compensation for your injuries and damages. However, some rare exceptions may allow you to file a claim even after the statute of limitations has expired:

1. The Discovery Rule: In some cases, the statute of limitations may be extended if the injured party was not aware of their injury or the cause of their injury until sometime after the incident. This is known as the “discovery rule.” However, the discovery rule is applied narrowly in Louisiana and may not apply to all cases.
2. Fraudulent Concealment: The statute of limitations may be extended if the defendant deliberately concealed their wrongdoing, preventing the plaintiff from discovering their injury or the cause of their injury. However, proving fraudulent concealment can be challenging and requires clear evidence of the defendant’s actions.

Even if you believe you may have missed the statute of limitations on your personal injury claim, it’s still worth consulting with an experienced attorney to confirm it.

Are There Any Exceptions to the Law?

It’s important to note that there are some exceptions to the one-year statute of limitations in Louisiana. For example:

1. Medical Malpractice: Claims against healthcare providers for medical malpractice have a statute of limitations of one year from the date of the alleged malpractice or the date of discovery but no more than three years from the date of the alleged malpractice, as outlined in Louisiana Revised Statutes § 9:5628.
2. Claims Against Government Entities: If your claim is against a government entity, such as a city, parish, or the state of Louisiana, you may have a shorter deadline to file a formal claim. In most cases, you must file a claim within one year of the incident, as outlined in Louisiana Revised Statutes § 13:5107.
3. Minors: If the injured party is a minor, the statute of limitations may be extended until one year after their 18th birthday, as outlined in Louisiana Civil Code Article § 3496.1.

Given the complexity of Louisiana’s statute of limitations and the potential exceptions, it’s essential to consult with an experienced personal injury attorney as soon as possible after your injury. 

Contact Laborde Earles Injury Lawyers Today

If you’ve been injured due to someone else’s negligence in Louisiana, don‘t let the personal injury statute of limitations in Louisiana affect your claim. The experienced personal injury attorneys at Laborde Earles Injury Lawyers are here to help. 

Contact us today for a free consultation. We work on a contingency basis, which means you won’t pay any fees unless we win your case. Let us put our knowledge, experience, and resources to work for you before it’s too late.