Personal injury cases come in many shapes and sizes. They could range in severity from injuries that eventually fully heal to permanent, life-altering events. Any of the routine acts that we undertake every day can result in these injuries. An act as simple as driving to work or shopping for groceries may expose someone to the effects of the negligence of others.
As diverse as personal injury cases are, they typically share one thing in common. No matter how the injury happened or the extent of the injuries suffered, there is a time limit imposed by Louisiana law that controls when you could bring a case to court.
The prescriptive period in a Lafayette personal injury case is as vital a portion of a personal injury lawsuit as proving the fault of another party. If a plaintiff does not file their lawsuit within this short period of time, the court could refuse to hear the case and all settlement negotiations may fail. A plaintiff may benefit from speaking to a knowledgeable attorney about their injury case and their legal options.
The time limit to file a personal injury lawsuit is provided by Louisiana statute. This applies to all personal injury cases in the state with the exception of injuries concerning certain product liability cases. Injury cases the Statutes cover may include:
Louisiana Civil Code §3492 is the state’s prescription period. It uses the term “delictual actions” to refer to any personal injury claim that may be pursued in civil court. The time limit on these cases is extremely short. The statute states that the action must be filed in court within one year of the date of the injury which is the shortest prescriptive period in the country. This may make it vital to understand the prescriptive period in a Lafayette personal injury case and how it could affect a person’s claim.
Due to the short prescriptive period in Lafayette personal injury claims, potential plaintiffs may be advised act immediately after becoming injured. If the accident involves a car, truck, or bicycle accident, they may need to immediately obtain all police reports concerning the incident.
Injured individuals could also seek immediate medical care since many claims are most effective if the claimant has completed all medical treatment. This allows a plaintiff and their attorney to fully appreciate the full impact that the injury has had on their life.
Anyone considering a personal injury claim in Lafayette may be recommended to think about the prescriptive period and their legal rights immediately after an accident. If potential plaintiffs are able, they could take pictures following the injury of the scene of the incident. This may work to preserve evidence and could allow a lawyer to more quickly grasp the facts of the case.
Louisiana’s prescriptive period law states that all civil suits for personal injury must be in court within one year of the date of injury. This could be a very short timeframe to put together a lawsuit. If this time limit expires, an injured person may not be able to ask the court to hear the case.
Insurance companies and defense attorneys are aware of this rule and may refuse to engage in settlement talks if the time limit expires. It is vital to be prepared to act immediately to protect your rights. Contact an attorney today to get started on your case and To meet the prescriptive period in a Lafayette personal injury case, contact an attorney and get started on your claim.