How Long Do You Have to File a Personal Injury Claim? Louisiana Deadlines Explained

After experiencing a personal injury due to an accident or negligence, it’s crucial to understand the timeline for pursuing a claim. Each state has its own statutes of limitations that dictate how long individuals have to file a personal injury lawsuit. In Louisiana, these deadlines can significantly impact your rights and options for recovering compensation. The Louisiana Personal Injury Lawyers at The Delphin Law Offices PLC explore the essential details regarding filing deadlines for personal injury claims in Louisiana.

Understanding the Statute of Limitations

The statute of limitations is a law that sets the maximum time after an event within which legal proceedings may be initiated. For decades, Louisiana law established the statute of limitations for personal injury claims at one year from the date of the accident or injury. However, an amendment to Louisiana’s statute of limitations law, known as Act No. 423, recently took effect. On July 1, 2024, Act No. 423 amended Article 3493.11 and states:

“Delictual actions are subject to a liberative prescription of two years. This prescription commences to run from the day injury or damage is sustained. It 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.”

Exceptions to the Two-Year Rule

While this two-year deadline applies to most personal injury cases, certain exceptions and variations can affect this timeframe:

1. Discovery Rule: Sometimes, the injury may not be immediately apparent. Louisiana law allows, in cases where the injury was caused by a defective product, for extending the two-year period in certain circumstances through the discovery rule. If you did not discover your injury until a later date, the two-year countdown may begin  from the date of discovery.
2. Minor Claims: If the injured party is a minor (under 18 years of age), and if the injury was caused by a defective product, the statute of limitations is paused until they reach the age of majority. This means minors have until they turn 18 plus two years to file a personal injury claim for injuries caused by defective products.
3. Mental Incompetence: If the injured party is declared mentally incompetent at the time of the injury, the statute of limitations may be paused until they regain competency if the injury was caused by a defective product..

Why Is Filing a Claim As Soon As Possible Critical?

Filing your personal injury claim within the applicable statute of limitations is critical for several reasons:

• Legal Right to Compensation: Failing to file within the two years will likely result in the dismissal of your claim, which means you will be unable to recover any compensation for your injuries and damages.
• Preservation of Evidence: The sooner you file, the more likely evidence and witness testimony will be fresh and available. Delays can complicate your case and weaken your claim.
• Negotiation Leverage: Timely filing can strengthen your position in negotiations with insurance companies. It demonstrates your seriousness in pursuing compensation, which may encourage quicker settlements.

Should I Wait for Medical Developments Before Filing a Claim?

Some may be tempted to wait for medical developments or a fuller understanding of their injuries before moving forward with a personal injury claim. However, you don’t need to wait until your treatment is fully resolved before filing a claim. You can file your claim based on the injuries and treatment you’ve received up to that point, and further documentation can be added as treatment progresses. The longer you wait, the longer it may take to receive any necessary funds.

Also, medical conditions can change over time, and waiting for long-term developments could introduce additional uncertainties. If your condition worsens, it could complicate your case and even create challenges in establishing what injuries were caused by the accident.

Get Help from a Louisiana Personal Injury Lawyer

Understanding the timeline for filing a personal injury claim in Louisiana is crucial for protecting your rights and ensuring you receive the compensation you deserve. Remember, the general statute of limitations is two years from the date of the injury, but some exceptions may apply. If you believe you need to file a personal injury claim, contact the Delphin Law Offices PLC. Our experienced team is here to assist you 24/7 and ensure your rights are upheld. Don’t wait until it’s too late—reach out today for a free consultation.