How To File a Brachial Plexus Injury Claim in Ascension Parish
Filing a brachial plexus injury claim in Ascension Parish, Louisiana, involves several key steps to ensure your case is handled effectively:
- First, it’s important to gather all relevant medical documentation that details the nature and extent of your injury. This includes medical reports, treatment records, and expert opinions on your prognosis and future medical needs.
- Next, you should document any related expenses and losses. This includes medical bills, lost wages, and any costs related to ongoing care or modifications to your home or vehicle for accessibility. Keeping a detailed record of these expenses is crucial for your claim.
- You’ll also need to establish liability, which involves proving that another party’s negligence or actions caused your injury. This might require gathering evidence from the scene of the accident, witness statements, and expert testimonies.
An experienced lawyer can assist you with these steps and help guide you through the legal process. Remember, a brachial plexus injury claim can be complicated to handle on your own, and having a knowledgeable attorney on your side can make a significant difference in the outcome of your case.
Statute of Limitations
In Louisiana, the statute of limitations for personal injury claims, including brachial plexus injuries, is generally one year from the date of the injury or damage. However, there are notable exceptions to this rule:
- A Minor Was Injured: If a minor suffers a personal injury, the statute does not apply until they turn 18. Thus, they can file a claim anytime from the injury date until their 19th birthday.
- A Crime of Violence Caused the Injury: If the injury is due to a crime of violence, like aggravated assault or robbery, you have two years to file a lawsuit under Louisiana Civil Code Article 3493.10.
- Medical Malpractice: For injuries stemming from medical malpractice, the statute of limitations is one year, but with a statute of repose of three years. The statute is suspended during the review of a medical malpractice claim by a panel and for 90 days after their decision. If the negligence or harm wasn’t immediately apparent, the statute of limitations applies from the time you become aware of the negligence.
If you do not file a claim within the timeframe specified in the statute of limitations, you will likely lose your eligibility to pursue compensation. That’s why it’s important to consult with a skilled attorney to understand how these rules apply to your specific case and to ensure your claim is filed in a timely manner.
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