The Statute of Limitations in Louisiana

According to Louisiana Civil Code Section 3492, the statute of limitations to file a personal injury lawsuit in Louisiana is within two years of the incident. Should you fail to file a personal injury lawsuit in Louisiana before the two-year mark is reached, you may be forfeiting your right to legal recourse. This is because the defendant would likely request for the court to dismiss your case, which they can legally do after the statute of limitations has passed.

Section 3492 also states that the statute of limitations law “does not run against minors or interdicts in actions involving permanent disability and brought pursuant to the Louisiana Products Liability Act or state law governing product liability actions in effect at the time of the injury or damage.” Essentially, these are rare exceptions for filing a personal injury lawsuit beyond the two-year deadline. These exceptions address minors under the age of 18 and claimants faced with defective products that do not identify the true cause of their injury in a timely manner.

Seeking Medical Attention Prior to Filing a Claim

Because you only have two years to file a claim following your accident or condition, you may need to quickly gather evidence. For instance, you may start by seeking medical treatment if you have not done so yet. In fact, the Centers for Disease Control and Prevention (CDC) reports that there are 29.4 million emergency department visits due to unintentional injuries in the United States each year.

If you have not visited a doctor or an emergency room yet for your injuries, it is critical that you do so as soon as possible—not just for your health, but to protect your opportunity for legal recourse for a personal injury claim. These types of lawsuits are built off the premise that you suffered a real injury. If you have no documentation from a medical provider that proves you suffered an injury, it may be difficult to build a successful case against the negligent party.

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Various Types of Personal Injury Cases

A Scott personal injury lawyer can potentially help you and your family with a variety of personal injury cases.

At Laborde Earles Injury Lawyers, our personal injury practice touches upon many different practice areas:

  • Car accidents
  • Truck accidents
  • Product liability
  • Defective devices
  • Pharmaceuticals & medical devices
  • Dangerous drugs
  • Mass torts
  • Toxic torts
  • Maritime injury
  • Dog bites
  • Premises liability
  • Slip and fall
  • Wrongful death

We are here to help. To schedule a free consultation, call Laborde Earles Injury Lawyers today.

Proving Negligence During Personal Injury Claims

During your personal injury case, you will have to prove that negligence was the root cause of your injury. According to the Legal Information Institute (LII), negligence is essentially a lack of reasonable care from the defendant compared to how an ordinary and prudent person would otherwise act with care. The American Bar Association describes the following example of negligence during a car accident personal injury claim:

“A driver has a duty to use reasonable care to avoid injuring anyone he or she meets on the road. If a driver fails to use reasonable care and as a result of that failure injures you, then the driver is responsible (liable) to you for those injuries.”

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Jourdan is an outstanding paralegal! She is knowledgeable, organized, and truly cares about the clients she works with. Every interaction I’ve h...

Jourdan is an outstanding paralegal! She is knowledgeable, organized, and truly cares about the clients she works with. Every interaction I’ve had with her has been positive — she takes the time to explain things clearly and makes the process much less stressful. Laborde Earles Law Firm is lucky to have someone like Jourdan on their team. I would highly recommend both Jourdan and the firm to anyone looking for trustworthy and reliable legal support.

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New Orleans

I am able to witness Karely Cornwell handle calls from people who are in need of Laborde Earles services. She is always polite and professional. I thi...

I am able to witness Karely Cornwell handle calls from people who are in need of Laborde Earles services. She is always polite and professional. I think it’s safe to assume that the majority of people who call in are stressed and to have someone who is calm and kind taking the call is a great representation of the company.

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Marksville

They have good to keep me updated on the case but so far the settlement has not been reached.

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Christine G.

I had the pleasure of working with Erica Ducote, and I cannot say enough about the excellent job she did on my case. From the very beginning, Erica wa...

I had the pleasure of working with Erica Ducote, and I cannot say enough about the excellent job she did on my case. From the very beginning, Erica was professional, knowledgeable, and attentive to every detail. She took the time to explain each step of the process, answered all of my questions thoroughly, and made sure I always felt supported and informed.
Her dedication and attention to detail were clear throughout, and it was evident she genuinely cared about achieving the best possible outcome. Thanks to Erica’s hard work and expertise, my case went smoothly and successfully.
I highly recommend Erica Ducote to anyone in need of a skilled, reliable, and compassionate paralegal. She truly goes above and beyond!

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maddie jo

Marksville

Over the past 3 years I have encountered one of the best Law Firms in Laborde Earles Injury Lawyers which have been handling my Lejeune Contaminated T...

Over the past 3 years I have encountered one of the best Law Firms in Laborde Earles Injury Lawyers which have been handling my Lejeune Contaminated Toxic Water Claim. Mr. John Chaillot has been instrumental in advising me on documentation, timelines, and all matters pertaining to my case. A true professional and appreciated. Thank you.

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Stephan C.

Mr. DC and Amber have always been available to answer my questions and concerns. I have never doubted that they were working on our side and have had ...

Mr. DC and Amber have always been available to answer my questions and concerns. I have never doubted that they were working on our side and have had our best interest and our well being as a priority. I would recommend them to friends and family. My case had some extenuating circumstances and they both worked diligently to help us. I am very thankful for their service and dedication to us.

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Michel Lanclos

New Orleans

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Call Laborde Earles Injury Lawyers Today

Whether you have been bitten by a dog, hurt in a car accident, or suffered injuries from a defective product, you have the right to pursue compensation for someone else’s negligence. Laborde Earles Injury Lawyers offers a free consultation to discuss your personal injury claim and your options for legal recourse. Our Scott personal injury lawyers can help you get the compensation you deserve. To learn more, call us today.

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