After you are injured by someone else’s recklessness or negligence, it is important to act quickly. The Louisiana personal injury statute of limitations begins counting down as soon as you are injured, giving you a limited amount of time to file a civil claim with the court. If you miss this deadline, you will be unable to recover compensation.
What Is the Statute of Limitations?
In Louisiana, the statute of limitations is also called a liberative prescription. It is a time limit that individuals have to file civil claims. The deadline can vary depending on the specific claim.
For most personal injury claims, the statute of limitations is two years from the date of your injury. This time limit applies to injury cases such as:
- Car accidents: In Louisiana in 2024, there were nearly 59,000 injuries in motor vehicle accidents, according to the Center for Analytics & Research in Transportation Safety (CARTS).
- Truck accidents: There were 2,030 suspected injury vehicle crashes involving commercial motor vehicles, according to CARTS.
- Rideshare accidents: This includes rideshare services like Uber and Lyft.
- Defective product injuries: If an action for product liability involves permanent disability, the statute of limitations does not run.
- Pedestrian accidents: CARTS reported there were 1,235 injuries to pedestrians in motor vehicle collisions in 2024 in the state.
- Bicycle accidents. There were 807 bicyclist injuries in motor vehicle crashes in Louisiana, according to CARTS.
- Bus accidents: According to CARTS, bus crashes in the state in 2024 resulted in 358 passenger injuries.
- Slip and fall injuries: There were 427 deaths in Louisiana in 2023 from unintentional falls, according to the Centers for Disease Control (CDC).
- Other premises liability injuries: This includes electrical hazards, drowning accidents, negligent security, and other hazards on a property.
- Dog bites: In the entire U.S., the CDC reported nearly 19,500 hospitalizations and 370,704 emergency department visits from dog bites.
Some of these claims may have unique statutes of limitations depending on who they are filed against, the age of the person injured, and other circumstances. It is crucial that you talk over your unique case with an attorney as soon as possible, so you can avoid the time limit running out. The time limit starts running from the day the accident or injury occurred.
If you were injured prior to July 1, 2024, then the statute of limitations that applies is one year from the date of the injury, and you likely will not be able to file a claim.
If you file a claim after the statute of limitations runs out, the court may deny your claim outright, or the other party may file against you on the grounds of being time-barred. While there are certain exceptions to the statute of limitations, this is only in very specific cases.
What Is the Purpose of a Statute of Limitations in Louisiana?
For many injured individuals, it can feel very unfair that there is such a short window to file for damages. There are many reasons that statutes of limitations exist, including:
- Preventing a negligent individual from having to worry about a claim their entire life
- Helping cases be addressed in a timely manner
- Benefiting from evidence that is fresh and useful
- Helping the civil court system run more efficiently
Exceptions to the Statute of Limitations
Time limits to file may be longer or shorter depending on the specifics of the case. You may have a shorter statute of limitations if your claim is:
- For medical malpractice injuries
- Against a local, state, or federal governmental agency
- A workers’ compensation claim
- A wrongful death claim
There may be other specifics that impact your case. It is essential to hire a personal injury lawyer to know the unique laws that apply to your case and affect your filing deadline.
FAQs
What Is the Statute of Limitations for Personal Injury in Louisiana?
The statute of limitations for most personal injury claims in Louisiana is two years from the date the injury occurred. This only applies to personal injuries that occurred on or after July 1, 2024. Otherwise, there is a statute of limitations of one year, and it is likely that you cannot file a claim for this injury. It’s important that you file a claim before the deadline, or else you will be barred from recovering financial compensation.
What Are the Exceptions to the Statute of Limitations in Louisiana?
There are several exceptions to the statute of limitations in Louisiana. For example, the statute of limitations does not run against minors. If a minor is injured, they have either one or two years after they turn 18 to file a civil claim, depending on when the injury occurred. There could also be an exception if the injury was not and reasonably couldn’t have been discovered. There are also exceptions where the deadline is sooner, such as medical malpractice claims.
Why Do You Need to Hire a Personal Injury Lawyer in Louisiana?
It is important to hire a personal injury lawyer in Louisiana because they are aware of the statute of limitations laws and how those might affect your specific case. They can help you gather evidence and file a claim. Often, these claims begin as insurance claims, which need to be filed soon. If a settlement can’t be reached, then you can file a personal injury claim before the deadline passes. An attorney helps you get the compensation you deserve.
What Do You Have to Prove to File a Personal Injury Claim?
In order to have a successful personal injury claim, you must prove several things. This includes that the party you are filing against owed you a duty of care, breached this duty of care, and their breach of care caused the accident you were injured in or otherwise caused you damages. You must also be able to prove these damages, which may include medical costs, pain and suffering, lost income, and other compensatory losses.
Hire a Personal Injury Lawyer in Louisiana
You don’t have to navigate a complex legal landscape alone. Contact Gauthier Amedee for effective legal representation based on more than 40 years of experience.
